Recent Cases

February 17^th 2023
Possession of “CP”
Distribution of “CP”Client was all around pleasant married adult who was charged with possession and distribution of “CP”. According to the police reports, police had done an extensive investigation of the accused. According to them, he has possessed and distributed impermissible videos and images. The importance of the distribution portion of the allegation cannot be understated. The reason is that it cannot be understated is that distribution (sending) just one image or video is sufficient for the government to be successful in that separate and additional charge. That particular statute also requires that the Defendant be prosecuted in Superior Court, not the District Court. In conclusion, the penalty for that charge is higher. Regardless, we asked the District Attorney for additional time to make a review of the evidence and determine the probability of various defenses and discuss the ability to negotiate a plea deal in the lower court. They agreed and were very patient with us as we took nearly a year and made various reviews of what they had and how they got what they did. The goal was to see if they would dismiss the “distribution” charge and not indict the defendant. The police did a detailed investigation which involved several warrants of phones and computers and internet providers. They also had interviewed client prior to client retaining Attorney Barabino. In the end, a deal was struck as hoped for in the lower court which resulted in the dismissal of the distribution charge. The plea in the lower court resulted in now jail time and a probationary period of three years, with additional conditions.
RESULT: CP Distribution with NO Jail.

January 26^th 2023
Violation of Probation
Larceny over $1200
Client was a seasoned and experienced licensed electrician and great father. He was accused by a homeowner of accepting payment for a job and not completing the job. Although client has done some work and the homeowner had some legitimate grievances, that homeowner choose to report client to the police alleging that he was a victim of the Larceny over $1200. This charge is a felony in Massachusetts. This was problematic since the client was already on probation at the time, for theft related charges, in another court. Attorney Barabino had to fix each case in a separately. Strategically speaking, attacking the probation case made the most sense since it would be difficult find any favorable resolution of the larceny case with an open probation violation for a similar charge. On the probation matter, the probation department asked for a guilty conviction to enter on client’s record. We declined that offer and sought a full hearing. At the hearing, Attorney Barabino submitted a lengthy memorandum of law, complete with a background memorandum and supporting documentation. Also, he elicited testimony from his client and at the conclusion of the hearing the judge kept the probation same terms and same end date, no change with a verbal admonishment and nothing more. After that success, eventually we were able to negotiate with the second court that a reasonable disposition which was to simply pay back the person who says they are owed money and dismiss the felony charge which they agreed to do if the client pays within 60 days. In the end, the client’s success on his underlying probation case made the 2nd case resolve with ease.
RESULT: No Convictions or Punishment or Probation.

January 25^th 2023
Domestic Assault and Battery
Clerk Magistrate Hearing
Client was charged with Domestic Assault and Battery. She was reputable and responsible person with no criminal record. In this matter, she was alleged to have drunk too much alcohol and got into a very brief altercation with her adult daughter with an accusation of a punch in the face. The police were called did a full investigation and properly investigated the incident. Fortunately, they didn’t arrest client and the police filed for a clerk magistrate hearing. This was an opportunity to address the charges BEFORE they are issued. We were confident that we would have likely success, since the client was a mom, and the alleged complainant was an adult child and there was little other evidence. However, we knew that success would be most predictable with preparation. As a result, Attorney Barabino drafted a two-page background memorandum of the client and her life, additionally, several affidavits of family members and finally a legal memorandum on “consent” to aid the factfinders. In the end, the result was a factfinder who was confident that this would not reoccur and should not issue—and it was not.
RESULT: Charges of Domestic Assault and Battery DO NOT ISSUE.

January 18, 2023
Assault and Battery w/Dangerous Weapon
Assault and Battery
Young Teenager was charged with Assault and Battery (misdemeanor) and Assault with a Dangerous Weapon. (Felony). According to the Police report, they were called to the scene of a prior altercation and found a young teenager who reluctantly cooperated with the police inquiry as to why his left eye was swollen shut. The young man explained to police that 5/6 kids began hitting him and throwing him to the ground and said one had a knife. The young man relayed what occurred from the day before where there was another police report and within that report there was a statement from a witness that a small handgun was present with the young men. In developing the information from the young man who is the named victim & witnesses, the client was one of several boys who punched the victim in the face and stomped on him when he was on the ground. Also, there was video of the incident where an identification of the client was made. The police then filed the criminal complaint against the client and since it was a felony charge he did not get a clerk magistrate hearing. Attorney Barabino began by going to the court in person and meeting with the District Attorney, as well as gathering the police reports(s). From there, meetings and consultations with the client and his extended and supportive family. He developed affidavits and background information. On the day of arraignment, the co-defendant(s) were formally charged—but Attorney Barabino’s client was not and considered for juvenile diversion. After many weeks, the diversion committee rejected the District Attorneys request for Diversion. Then Attorney Barabino filed for what is called Judicial Diversion on for partial charges he would be arraigned on (with a suggestion) that (maybe) there would be a future reduction of the felony charge. His suggestion was fruitful and successful. After yet another date, there was the day of arraignment and there was an agreement for a 6-month continuance to delay the arraignment with the expectation that if he remains in no-contact the charges will be dismissed, pre-arraignment, meaning client is never formally charged. RESULT: No Charging of Felony or Misdemeanor, No Record of Criminal Accusation(s). Co-Defendant Charged, Client is not.

January 11, 2023
Operating Unregistered Motor Vehicle
Operating Uninsured Motor Vehicle
Client was a talented working professional who was cited by police for driving a car that was unregistered and uninsured due to a good faith mistake on his part. Before the charges would go forward, he was given a Clerk Magistrate’s hearing which he retained Attorney Barabino to help him prepare for. Given his experience, Attorney Barabino knew that these cases tend to resolve favorably for clients when there is no accident and a legitimate reason for the mistake. Attorney Barabino prepared for the hearing with an affidavit and exhibit and was successful. The charges did not issue and client would have nothing on his record. When a case is dismissed after a person is arraigned that dismissal remains on their record, but when a case does not go forward at the Clerk Magistrate’s level, nothing stays on their record.
RESULT: No Criminal Charges issue after Successful Clerk Magistrate’s Hearing.

January 6, 2023
Operating Under the Influence of Alcohol
Carrying a Firearm While Intoxicated
Possession of An Open Container of Alcohol
Failure to Yield
Client was a young Marine who went out drinking with his buddy. The friend was unable to drive because of his drinking so Client took over the responsibility for him. Client, however, was not in a state to drive himself and was eventually stopped for a traffic violation. Client was polite and respectful to police but ultimately arrested because he was intoxicated. Police observed that he exhibited the classic symptoms and signs of alcohol intoxication. Client also lawfully had in his possession a firearm which led to another charge because of his sobriety. After Client took a breathalyzer test and blew .20, he was automatically designated for a court program called 24Q which requires a mandatory evaluation with any disposition. The case was Continued Without a Finding, which means it will eventually be dismissed after Client complies with court conditions.
RESULT: CWOF; client moving forward and record preserved

January 5, 2023
Operating Under the Influence of Intoxicating Liquor
Failure to Stop for Stop Sign (Civil)
Client was a professional and talented businessman accused of driving through an intersection and causing a car crash while intoxicated. When police arrived on scene, they observed a totaled Range Rover and detailed in their police report that Client exhibited some of commonly cited-to signs of intoxication—including red and bloodshot eyes and slurred speech. Client was offered and performed Field Sobriety Tests, particularly one called the Nine Step Walk And Turn. The entire encounter with police on scene was recorded by a body camera, which was essential to contextualizing what happened at trial. Client also took a breath test, which resulted in a Blood Alcohol Content below the legal limit. After a trial, in which four witnesses testified, a judge found Client “Not Guilty.”
RESULT: Client found “Not Guilty” after trial before a judge; no employment or immigration consequences

December 20, 2022
Leaving the Scene of Personal Injury
Negligent Operation of a Motor Vehicle
Civil Infractions
Client was a hardworking and responsible member of the community with no prior record charged with striking a person with her car and leaving the scene. The case began with a late-night call to Attorney Barabino which immediately led to an early morning consultation. Client retained Attorney Barabino and strategically advised Client to turn herself in to State Police. The case was well-publicized, but thanks to documents provided to Police when Client turned herself in, including her background and history, Police did not take her into custody and merely issued a criminal summons. In only a few weeks’ time, Client settled with complainant a pending insurance claim at her policy’s maximum of $100,000. Client was arraigned and the case proceeded through the court system, where Attorney Barabino continued to negotiate and highlight Client’s good background to the District Attorney’s office. Eventually, Client agreed to a plea where the Negligent Operation charge would be dismissed after a period of probation, the civil citations would be dismissed “Not Responsible” and, although Client would plead guilty to the Leaving the Scene charge, she would not serve any jail time. Given the serious injury caused to the complainant by the car accident, no committed time was a major accomplishment.
RESULT: Negligent Operation to be dismissed after probation; civil infractions dismissed; client avoids committed time after serious car accident