Recent Cases

March 4th 2022
Possession of Child Pornography
Client was a hard-working professional who was charged with child pornography (CP). The client had had search warrants executed on his home for what was essentially all his electronic equipment. When the police arrived that day, they already knew what they wanted and why. In investigations such as these the specialized investigative teams had already done significant investigation and surveillance. The client was arrested and charged and held on one hundred-thousand-dollar bail ($100,000.00). That meant the client could not be released from jail until he provided the court with $100,000.00 which he didn’t have access too. Attorney Barabino went right to work interviewing client now held in jail conducting interviews with family members in his office. Armed with that information, Attorney Barabino began the process of trying to get his client out of jail with a lower bail. Attorney Barabino appealed the lower court’s decision and was successful after a hearing. The judge whom he appealed the case to reduced his bail to ten thousand ($10,000) dollars instead of $100,000.00. Defendant was released from jail. Once they were released from jail Attorney Barabino began the process of fighting his client’s case as aggressively as possible. The process of sorting through the material was aided by two separate experts hired by Attorney Barabino. One expert was a former State Police Officer who was hired for their expertise in computers and another expert was an experienced forensic psychiatrist. In there end, there was little alternative to plea the case, a plea was had before a judge. Client not sentenced to any jail time.
RESULT: No Jail for CP Charge.

March 1^st 2022
Receipt of Stolen Property
Clerk Magistrate Hearing
Client was a very pleasant young college student from a great family. He was given a clerk magistrate hearing to determine if the charge of receipt of stolen property should issue against him. The family quickly contacted Attorney Barabino and they began the process of strategizing how best to defend the charge. There was a clear and obvious goal which was to make sure that the charge didn’t go forward and sully and taint an otherwise promising future. Attorney Barabino developed several affidavits of support and combined that with a two-page background memorandum as well as College transcripts. Additionally, counsel worked with the co-defendant’s attorney to ensure the presentation was seamless and without inconsistencies. In the end, the hearing was held, and the otherwise life alternating charge did not issue.
RESULT: Stolen Property Charge, Doesn’t Issue.

February 18^th 2022
Armed Robbery
Carrying a Firearm w/o a License
Carrying a Firearm w/o a License Loaded
Assault w/Firearm
Discharging a Firearm w/500 Feet of a Building
Client presented with a variety of presented with a variety of legal challenges. Client was charged with a series of crimes. According to Police, client was involved in a drug (marijuana vapes) buy whereas he and others did not purchase the contraband but robbed the individuals of materials. Moreover, they (according to police) client used a large capacity firearm during the robbery and when the robbery was complete fired a bullet into the vehicle. The case began with an arrest and involved a strategic challenge to every piece of evidence. The case included multiple search warrants, various firearm experts, DNA experts, as well as motion to suppress identifications. In the end, a trial was scheduled and the Commonwealth unable to present a case and the judge ordered the Indictments DISMISSED, Client DISCHARGED.
RESULT: Life Felonies, DISMISSED, Client DISCHARGED

January 19^th 2022
Appeal vs. Registry of Motor Vehicles
Client was a very pleasant young man. He has no prior criminal record when he was charged with a road rage allegation last summer. That allegation resulted in his license being suspended for what is called an immediate threat. Attorney Barabino and client worked quickly and efficiently to bring the criminal charges to conclusion, however, there was still the immediate threat charge which are not resolved until conclusion of the criminal case. Attorney Barabino and client appeared before the Hearing Officer for the Registry of Motor Vehicles. In the end, the hearing officer partially REINSTATED his license to operate a motor vehicle but made the decision to also continue to suspend his motorcycle license for a period of one year. As a result, Attorney Barabino began the appeal process for overturning that motorcycle suspension. A hearing was held before the panel from the Division of Insurance Board of Appeal that reviews the Registry of Motor Vehicle (RMV) decision, and that entityOVERTURNED the Registry Motorcycle License and ordered the license REINSTATED.
RESULT: Registry License Decision is Overturned License REINSTATED on Appeal

January 13^th 2022
Operating under the Influence 2^nd Offense
Negligent Operation of a Motor Vehicle
Client was a very pleasant master electrician. While out late he was having some Chinese food and a few drinks. He was stopped in his truck and appeared to be sleeping in the roadway when he was apparently startled and drove his truck a short distance into a tree. Upon police arrival he made unhelpful statements to police such being a place inconsistent from where he thought he was and also telling police that he was drinking isopropyl alcohol (handwashing cleaner) of which there was a large bottle nearly empty in his vehicle. Also, he had had one prior OUI dismissed and another OUI not guilty, however those are not considered in any negotiation; it did not promote the District Attorney enthusiasm for the defense recommendation. The District Attorney wanted a 2^nd offense two-week inpatient program and two years probation and a twice daily alcohol monitoring machine and other conditions. Attorney Barabino sought a first offense disposition with no jail time and no impatient program and also no electronic monitoring. The Judge reviewed an extended disposition memorandum and several affidavits of support we submitted and in the end, sided with Attorney Barabino, on nearly everything, to include 1^st offender disposition not 2^nd, No Inpatient Program, One year probation not two and no alcohol monitoring machine.
RESULT: 2^nd Offense OUI converts to a 1^st offense.

January 8^th 2022
Racing a Motor Vehicle
Negligent Operation of a Motor Vehicle
Unsafe Operation
Client was a very pleasant young man. He has no prior criminal record and today still has a clean record. However, that was almost not the case. He was driving his high-performance vehicle on the highway. While driving his high-performance vehicle, he appeared to be racing similar vehicles on the road. He was pulled over and asked if he was racing and according to the officer he agreed he was. Client was pleasant and respectful which was very helpful to his case. The officer noted that client had no hood on his car was client had race gas in the car as well. As the officer had witnessed him driving at speeds of up to 100 MPH, the officer issued two criminal citations and one civil citation once pulled over. Fortunately, client reached out to Attorney Barabino without delay. Client filed the ticket within 4 days as the law requires and he and his family went to work with Attorney Barabino preparing the case. Attorney Barabino authored a legal opinion that probable cause didn’t exist due to an impediment in the statute and the facts. In addition, he authored a long background memorandum on the client. In the end, it was all persuasive enough to have the clerk not issue any of the charges, so there will be no formal criminal complaint issued or recorded in his name. Record, remains, 100% clean.
RESULT: No Charges Issue. Client’s Record Remains Clean

January 4, 2022
Motor Vehicle Killing; Striking Dog
Client was a pleasant, out-of-state financial professional. While driving a motor vehicle client accidentally struck and killed a small dog. In Massachusetts a person can be charged with a crime if they kill a dog in this way and do not report it to the owner or police, he left the scene. In fact, a person who is convicted could face multiple fines or 10 days in a house of correction and a fine. Attorney Barabino was retained during the investigation phase. He reached out to the officer assigned to the case and entered into negotiations on behalf of client with the aggrieved owner. Thanks to his work Attorney Barabino was able to broker an agreement that was satisfactory to all parties. Police confirmed that no charges would be filed and that the matter was resolved.
RESULT: No Charges Filed. Nothing Entered on Client’s Criminal Record.

December 21^st 2021
Possession of Class “A”
Conspiracy to Violate Drug Law
Client was a very pleasant Army Veteran and computer professional. Client had no prior criminal record and was gainfully employed. He was in the early stages of using opiates and on this occasion was out meeting a dealer to make a purchase of illegal drugs. He was unaware that he was being watched by Federal Drug Enforcements agents who observed the entire drug deal. They launched an arrest and client was ordered to appear the following Monday at which time he would be arraigned. In one weekend, Attorney Barabino and Nick his assistant, developed a massive trove of notes, then developing that in a background memorandum and a 5-page petition for judicial diversion. Also, we developed a 111E petition, and finally a Brave Act Diversion package—all in a weekend. On Monday, the case was in fact diverted and he was never arraigned. Today, after months of behind-the-scenes therapy, the case was DISMISSED, before arraignment so it will never show up on his record.
RESULT: DEA Drug Case Results in No Record.