Recent Cases

July 7, 2022
Threats Charge
Client was a nice guy who, while under tremendous stress, and during that stress uttered what could be interpreted as a threat to harm another person. The case with voluminous preparation as with every case. And, it began with discussions with the District Attorney as to what a resolution might look like. In this matter, we were confident of the outcome at trial and when the District Attorney required an admission of wrongdoing, probation, and an anger management class, we politely declined the offer and marked the matter for a trial. Again, client and Attorney Barabino were confident in the outcome, but when, after much discussion on the day of trial, they offered to simply cease prosecution under what is called a general continuance client and Attorney Barabino agreed and Case Resolved.
RESULT: Threats Charge, Continued with NO Guilt or Admission of Wrongdoing.

July 2, 2022
Rape Investigation
Client was accused of rape and notified that his firearms would be taken as a result. Attorney Barabino immediately began the process of preparing and advocating for Client in order to ensure he did everything so he could to avoid law enforcement from being officially charged. And if they were they were going to have a trial they would be ready for the process. Understanding that the police take these allegations very seriously, Attorney Barabino worked to show authorities that there was not a basis for charging and general background of client. That combined with the continued contact with law enforcement may have helped avoid the charges, we will never know, but the important part is that he will not be charged with a crime. In the end, the goal of no charges was accomplished, and client was informed of such. Moreover, upon request, client was immediately reistated for his license to carry a firearm.
RESULT: Rape Investigation CLOSED, License to Carry a Firearm REINSTATED.

July 1, 2022
Civil Rights Violation(s)
Misdemeanor Assault and Battery (2)
Client was charged with Felony Civil Rights Violations and Misdemeanor Assault and Battery—Two Counts of Each. Client was a super nice, hard-working young woman who was brought into melee which was not of her doing-but her friend. After nearly 2+ years of advocating and motions and preparation the District Attorney officially dropped the felony portion of Civil Rights violations. Eventually, a trial was held with many witnesses. In the end, the client was acquitted of both civil rights allegations, but convicted of the misdemeanor assault and battery. The District Attorney sought jail time on the misdemeanors and was denied that request by the judge and she was given probation with suspended sentence. Additionally, there was the imposition of alcohol free with screens. In the end, the heinous allegations of civil rights violations simply determined to be not guilty and no jail on the other two counts of impermissible touching or Assault and Battery.
RESULT: Felony Civil Right Violations, with Injury, REDUCED, and ACQUITTED. Misdemeanor A&B NO Jail.

June 13^th 2022
Larceny Under $1200 (4 Counts)
Credit Card Receiving Stolen (5 Counts)
Possession of a Burglarious Instrument
License Suspended Motion Vehicle
Breaking into a Depository
Client retained Attorney Barabino after client had his bail “revoked” and committed to jail for 90 days. Client had an open gun charge and had a new charge of “fishing” out of U.S. mailboxes. The act of fishing from a mailbox entails someone using a device to extract the items from inside the box for illegal purposes. Attorney Barabino went right to work on representing client who was particularly pleasant, patient and understanding of his predicament. The new charges were extensive and with his bail being revoked, Attorney Barabino interviewed all involved and had affidavits and a memorandum of law developed so he could try to have the judge reconsider his previous ruling. Eventually, a hearing was held, the judge authored a written motion, ALLOWING for the reconsideration of the bail revocation. Client was released from jail, but only briefly to his misunderstanding of the release conditions. Barabino tendered a plea before the court and the request from each side where what is called disparate. The government or commonwealth was looking for 2.5 year jail sentence with 18 months in jail, with the GPS upon release. On another charge the government was looking for 1 full year committed behind bars. In the end, at the conclusion of the hearing, the judge sided nearly in every way with Attorney Barabino, where aside from the license charge he received all continuation without a finding disposition (CWOF) where the charges will be dismissed if he doesn’t get in trouble for two years. Client released from custody.
RESULT: Motion to Reconsider Bail Revocation, ALLOWED, Disparate Plea for No Jail Successful.

May 18^th 2022
Clerk Magistrate Hearing
Disorderly Conduct
Client was a very pleasant young man from a great loving and supportive family. The police charged him with Disorderly Conduct and a clerk magistrate hearing was scheduled. The family understood the importance having representation as they didn’t want the possibility of a criminal charge be on their son’s record. They know what Attorney Barabino knows, which is a criminal charge, even if dismissed can be very impactful in someone future life plans. The stories of criminal charges affected people are endless and can affect people’s career and life 10-20-30 or years after they are accused. In the end, Attorney Barabino and his clients family prepared, attended the hearing ( via zoom) and the clerk did not issue the complaint.
RESULT: Criminal Complaint Does NOT go Forward.

May 17^th 2022
OUI 1^st Offense
Very pleasant young professional was charged with OUI. The facts of the government’s case were strong. Client had passed out at a stop light and his companion was as well. The police reacted by breaking the windows on the car to gain entry. Although it may appear that breaking the windows by police was unnecessary, it was not, based on the good faith concern of well-being of the vehicle’s occupants. Client was arrested and the matter began to be processed through the criminal courts. Attorney Barabino met with client and the client’s family. They explained the process of OUI 1^st offense and the options and probable outcomes. The quickly decided that a plea was the best outcome. Attorney Barabino developed a detailed memorandum of client for the purposes of impressing upon factfinders the importance of not getting a guilty finding. Also, the office developed a motion and affidavit petition for the granting overseas travel. Client and Attorney Barabino arrived at the next and final court date and the agreement for a 1^st Offense disposition was granted, 45 Days loss of license, 1 Year probation and standard fees and fines. Overseas Travel Permit, Allowed.
RESULT: Standard OUI, with Overseas Travel Permit, ALLOWED.

May 2^nd 2022
Reckless Endangerment of Child
Out-of-State Warrant Removal
Client was super person, super mom, and super everything. She did everything right and inspiring in every way. She was living afar in another state in a productive job, productive relationship, and productive and supportive mother to her children. However, there was one thing that had been plaguing her which she knew she had to address which was an open warrant for child neglect from years ago. Client was very understanding, patient and organized. She kept outstanding notes from this event from nearly ten years ago. However, removing a warrant can be difficult when the person resides out of state and there is no provision for removing a warrant—unless the person is present. Attorney Barabino explained to client that he would try to remove the warrant without her presence, even though there was no provision for doing so. In preparation of this, he drafted a background memorandum on client on her entire life and the unique facts of her prior default and the circumstance of the underlying matter. He also produced several affidavits in support of this request and finally, he developed a full-blown exhibit to bring into the removal. He went to hearing and was initially denied the request, but after explaining the unique circumstances, it was permitted, and the warrant was removed without client having to fly across the country. Once completed, they arranged for another court date via zoom and resolved the matter with a pre-trial probation for 180 day which means she never returns to court, pays no money, and most importantly the matter is completely dismissed and she admitting to NO wrongdoing or criminality.
RESULT: Warrant removed Without Going to Court. Zero Admission of any Wrongdoing.

April 23^rd 2022
Reckless Operation of a Motor Vehicle
Assault and Battery with a Dangerous Weapon
Clerk Magistrate Hearing
Super pleasant hard-working tradesman was charged with reckless operation of a motor vehicle and assault with a dangerous weapon, a felony in Massachusetts. According to police, someone was driving on the highway when they had words with another person who was driving in another car. That other person threw a can which struck the accuser in the chin and resulted in eight stitches. A serious criminal offense. Also, the accuser reviewed a lineup and picked out client, twice. In this case, we were confident that the crime occurred, but they had the wrong guy. Im cases like these you use everything you have available to show that the person was simply not the right one. When you have the truth on your side, things generally are made right, as they were here. Fortunately, the experienced State Trooper investigating these charges applied for a magistrate hearing and not a warrant, which allowed client, through Attorney Barabino, to present evidence demonstrating that his client was not the person who did this criminal act. No probable cause and no criminal record. Updated May 17th 2022: Attorney Barabino also represented client in getting rid of his immediate threat designation on his drivers license, after an appeal before the Board of Appeal, who authored a decision ordering reinstatement.
RESULT: NO Probable Cause, Charges DO NOT ISSUE