Recent Cases

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

April 15, 2022
First Offense OUI
Negligent Operation of a Motor Vehicle
Marked Lanes Violation
Client was a very pleasant, particularly patient, young payroll professional charged with a first offense OUI, Negligent Operation, and a Marked Lanes Violation. The case began like most cases do. Client was arrested and brought to court the next day. Since this was her first offense, she was released at the arraignment with an order not to drive. According to police, a motor vehicle accident occurred. Client was driving, someone hit her, and the other driver took off. Client crashed into a snow bank as a result. There was body camera footage from a police officer who responded. A body camera is a video recording attached to the body of a police officer. This type of footage is very useful because it demonstrates exactly what is happening at the scene. The footage revealed that client had likely had too much to drink before she took to the road. Additionally, there was also a breath test with results over the limit, Attorney Barabino and client consulted and decided to negotiate a plea. Thanks to these negotiations the Marked Lanes Violation was disposed “not responsible”—saving client a surcharge. Attorney Barabino also secured for client a dismissal on the negligent operation charge and a 24D disposition on the OUI. This is the lowest allowed by law. It is a CWOF with a 45-day loss of license which means if client completes her program the OUI will be dismissed. An agreement to also complete a Brains at Risk 1/2 day program as well.
RESULT: Negligent Operation DISMISSED; Civil Infraction Not Responsible; OUI Dismissed after Completion of 24D Program and 1 year Probation.

April 13, 2022
Larceny from a Person
Larceny Over $1200
Client was a very pleasant, very hard-working mother of four enjoying an evening of fun and relaxation at the local casino. She was charged with stealing a $5,000 casino chip from another player. Specifically, she was charged with felony larceny from a person and larceny over $1200.00, another felony. According to the police, she was playing with her friends which included doctor friend. That doctor friend was playing with large amounts of money which had been converted to casino chips. While he was gambling client gently slid one of the chips into her hands, she converted it to cash and at time was confronted by police. Based on the size of the theft she was handcuffed and booked and arraigned the next day in court. The case proceeded though the court system and various review of statements and more importantly video footage was analyzed. In the end, there was little defense, but to negotiate the matter which was something we had discussed with the Asst. Attorney General in the early stages. But given the confirmatory review of all the materials we were able to have one felony charge dismissed upon agreement and an admission of wrongdoing with an agreement that the case will be dismissed if no further trouble for a year and a letter of apology.
RESULT: ONE Felony DISMISSED, Another DISMISSED After YEAR.

April 11, 2022
Assault and Battery With a Dangerous Weapon on a Person Over 60
Assault and Battery w/Dangerous Weapon
Client was a very pleasant young woman impressive in every way. She was charged with two felony assault and battery crimes, both against her father. Client was in a unique position in life being in a wheelchair. In addition to her, client’s father was also charged with assault and battery against her. As a result, neither party wanted to testify. Usually when this happens cases have the possibility of being resolved with a mutual dismissal. Whereas both parties agree to not testify asserting what is commonly known as the 5^th Amendment Privilege. However, where there is other evidence—like 9-1-1- calls or body camera footage—sometimes the case can proceed anyway. Here though, the District Attorney chose not to go forward. Both sides asserted their Fifth Amendment right not to testify and the case was dismissed—helping bring the family back together.
RESULT: Charges Dismissed; No Criminal Record

April 1, 2022
First Offense OUI
Negligent Operation of a Motor Vehicle
Marked Lanes Violation
Police ultimately met with client who was respectful, but had an overwhelming odor of alcohol. Client had slurred speech and glassy, bloodshot eyes. She told police that she had two glasses of wine prior to the stop but this proved to be modest. She had much more. Police then conducted Field Sobriety Tests. Client did not pass them. Then client took a Breath Test. She blew .219 and .207, about two and a half times the legal limit. After the event Attorney Barabino met with client without delay. He quickly and concerns and sprung right into preparing for arraignment. After client was arraigned, Attorney Barabino asked for and received a timely pretrial date. He began plea negotiations, right away with Attorney Barabino and his assistant began drafting a lengthy background memorandum on client’s outstanding character. This memo was put to use when negotiations with the respectable District Attorney’s office began and helped secure agreement to dismiss the negligent operation charge and findings of not responsible on the civil infraction. Thanks to Attorney Barabino’s negotiation skills he secured for client the most lenient sentence allowed by law for the OUI charge: a Continuance Without a Finding (QWOF) whereby the OUI would be dismissed after one year. Client also agreed to participate in a half day Brains at Risk Program, which was fair and reasonable under the circumstances. All-in-all, client’s high expectations were met and case was closed.
RESULT: Negligent Operation Dismissed; civil infraction Dismissed; most lenient sentence under law for OUI charge.