Recent Cases

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 had 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. 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 (CWOF) 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 the case was closed.
Result: Negligent Operation Dismissed; civil infraction Dismissed; most lenient sentence under law for OUI charge.

March 23, 2022
False Creation of a Sales Receipt
Very pleasant young man was accused of stealing over $10,000 from a large corporate chain. The case began with client, while under particularly massive personal stress, taking advantage of his authority at a large chain store. Client was a young man, hard-working and industrious. He took on a large role for his family in their support, particularly financial. According to the Police, he developed an elaborate scheme to develop false sales receipts and in doing so took over $10,000 in product from the store. He was confronted by the security staff and admitted his role. The evidence was hard, if not impossible to refute. He had a lawyer for the clerk magistrate hearing, and it did not go well. He was given an arraignment date to be formally charged. During that time, he retained Attorney Barabino. Together, they developed a strategy to advocate for judicial diversion—pre-arraignment so that it would not appear on the record. A massive background packet was developed and in negotiation with the DA a deal was struck for DA diversion, which was nearly identical to Attorney Barabino’s requests and provides everything he wanted for his client. After moving through diversion, which included restitution, he now returns to court today to have the matter dismissed, pre-arraignment, so, even the dismissal itself will not appear on his record.
Result: Case Disposed of Before it Even Started. No Record. At All

March 17, 2022
Possession with Intent Class “C”
Possession with Intent Class “D”
Client was an all-around hardworking father and husband and small business owner. When the COVID-19 Pandemic hit, he, like many other small business owners, struggled to survive. In this case, the well-intentioned owner used his business to transact marijuana and Class “C” drugs. Although legal in Massachusetts, one cannot sell it without a license which he did not possess. In this case, police arranged to have an undercover officer make a buy at the location. They went into the client’s place of business and using marked bills purchased some items that are illegal. They confronted client and client respectfully admitted that he had made the sales and made statements. Undercover drug purchases are difficult to defend since really the only defense is identification or that it wasn’t drugs. Here, the police surely made the correct identification, and the items were eventually certified from a Drug laboratory as, in fact, the illegal drugs. Although the case took nearly a year to move through the court system, Attorney Barabino and client took advantage of the time to educate the District Attorney about client and his background. In the end, an agreement was reached that the case would be continued for a period of one year and client doesn’t admit to doing anything criminal. A great result, for a great person.
Result: PTP or Pre Trial Probation for Drug Distribution.

March 4, 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 to. Attorney Barabino went right to work interviewing client, now held in jail, and 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 he was 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 the end, there was little alternative but to plead the case, a plea was had before a judge. Client was not sentenced to any jail time.
Result: No Jail for CP Charge.

March 1, 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-altering charge did not issue.
Result: Stolen Property Charge Doesn’t Issue.

February 18, 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/in 500 Feet of a Building
Client 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 where he and others did not purchase the contraband but robbed the individuals of materials. Moreover, 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 was unable to present a case and the judge ordered the Indictments DISMISSED, Client DISCHARGED.
Result: Life Felonies, DISMISSED, Client DISCHARGED

January 19, 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 is 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 entity OVERTURNED the Registry motorcycle license suspension and ordered the license REINSTATED.
Result: Registry License Decision is Overturned License REINSTATED on Appeal

January 13, 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 as being in a place inconsistent with 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’s 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 inpatient 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.