Recent Cases

November 4^rd 2021
Magistrate Hearing
Client was very pleasant gentleman who, while going to the local post office, was accused of assault and battery. He was interviewed by local police and eventually given a summons to appear at a clerk magistrate hearing. In preparation for the hearing, he and Attorney Barabino did an in-depth interview of the entire situation and the background.Additionally, in this case, we submitted a detailed background memorandum of the clients life and his obstacles. After the client was prepared for his anticipated testimony we simply wait for the court date. Today, the Magistrate determined that there was in fact NO PROBABLE Cause for the charge and the matter was withdrawn in it is entirety.
RESULT: No ASSAULT and BATTERY CHARGE

November 3^rd 2021
Clerk Magistrate Hearing
License Suspended, Operation
Speeding in Special Regulation
Inspection Sticker Violation
Registration Suspended
Client was a very pleasant professional on a F-1 Visa. Client was charged with a variety of low level infractions and criminal offenses. The client was charged with no valid license and speeding, no valid registration, and a bad emission sticker. Client simply made some oversights of this normally responsible lifestyle and when he was caught speeding-- the other charges were identified. Fortunately, client reached out to Attorney Barabino without delay. As a result, client knew to bring the ticket to the courthouse within fours day and after that he and Attorney Barabino began planning for a clerk magistrate hearing. A clerk magistrate or probable cause hearing allows for the case to be reviewed PRIOR to formal issuing of the complaint. If successful, no record of the events will appear on the clients background check. In preparation for the hearing, he had client sign up for an 8-hour driving class, take the vehicle off the road and finally submitted a four page background affidavit of the otherwise very responsible client at the Magistrate Hearing. In the end, the case DOES NOT got forward, including the speeding ticket. CASE CLOSED.
RESULT: Magistrate Hearing For Driving Offenses Successful.

September 14^th 2021
Obtaining Drug by Fraud
Client was a super pleasant young man. A combination of factors led his down the path to take a moderate amount of a prescription drug at his employment. He knew it was wrong and in the chaos of life didn’t recognize how wrong it was. The employer called police, client made a heartfelt admission. Although, he resigned from his job, he had to deal with felony charges. Attorney Barabino and client began an in-depth interview and preparation. Attorney Barabino prepared a long memorandum on pre-trial diversion, complete with a significant background memorandum and affidavits. Prior, to the arraignment, and agreement was struck where client would enter therapy and drug testing and the client, if successful, would NEVER have the charges issued. The difference here is that the case was dismissed, prior to arraignment so no employment or agency will ever know what occurred.
RESULT: Felony Diversion Successful

September 1^st 2021
Malicious Destruction of Property under $1200
Client was a very pleasant student and musician. According to Police, client was being difficult while drinking at a bar in Boston and asked to leave. According to the report, client had broken a planter while being escorted from the premises. Client had been drinking in excess. Client very self-aware that he struggles with excessive drinking and the challenges. In the end, client wanted to fix the problem and do so as successfully as possibly. Attorney Barabino was able to negotiate the District Attorney to stop the prosecution in its entirety. This agreement was contingent on Attorney Barabino providing evidence of 5 AA classes for client and restitution paid for the broken planter. As a result, case will be permanently dismissed in 60 days with no record or admission of wrongdoing.
RESULT: 60 Days Case DISMISSED

August 26^th 2021
Assault and Battery on a Household Member
Client was a very pleasant and accomplished software engineer. According to Police he struck his partner during a domestic dispute at the home. There was reported to be a significant injury enough to require stitches for the complainant. Since the couple both wanted to resolve it without the prosecution, we were able to present this matter to the District Attorney that should be given more latitude and discretion. Attorney Barabino developed a significant life memorandum on the Defendant and presented them that will a variety of options. In the end, despite the serious injury, the District Attorney agreed to stop the prosecution for a year, if client attended therapy and attending online anger management. No Record or Admission of Guilt to Enter on Clients Record.
RESULT: Great Couple Moves Forward Without Record

August 25^th 2021
Minor in Possession of Alcohol
Client was a very pleasant and very accomplished young man. According to police, he was one of a group of underage people in a car driving late at night with alcohol in the motor vehicle. The people in the vehicle that were charged with being minors in possession of alcohol. In Massachusetts, is a criminal offense to be in possession of alcohol. This particular charge and the circumstances gave us confidence that this would be resolved at the clerk magistrate hearing. This is important because if it is—it never appears on the person’s record. And we always want to prevent anything from being on anyone’s record. Period. So, Attorney Barabino and client and client’s family prepared by obtaining the police report and developing a background memorandum on the client and reviewing the steps and processes to a smooth successful hearing. Today, client appeared, and the clerk agreed as did the police officer that the case WILL NOT move to arraignment and then not be on his record.
RESULT: Magistrate DOES NOT GO FORWARD to Arraignment.

August 24^th 2021
Assault and Battery on a Household Member
Client was a very pleasant medical professional with no prior criminal record. According to police, client became enraged with his fiancé. When client got angry he struck her in the face. The fiancé then went to the police station and explained what occurred and that this had occurred before. The police did the proper investigation and took pictures of the accuser’s face. Attorney Barabino and client developed and prepared the case. As the case moved through court, an agreement was made to have a bench trial, without giving up any rights to a full jury trial. Once that agreement was made the court allowed a date for a trial. At trial the complainant did not appear and the case was dismissed. No Probation, no conditions, no criminal record. Simply Dismissed.
RESULT: A & B Domestic DISMISSED

August 20^th 2021
Vandalize Property
Client was a very pleasant upstanding professional and no criminal record. She was involved in a dispute in a parking lot and in frustration made a mark in the car of another. That action constitutes vandalism and is a criminal offense. Here, the fortunate client was granted a clerk magistrate hearing which can allow for some charges to be resolved before the person is formally charged. This is a great thing since it ensures that there is truly no record if the case is managed successfully in that hearing. In this case, we worked with the insurance company paying the full amount and obtaining verification. We also provided affidavits of the insurance payment. In addition, we wrote a three page summary of the background of the defendant which demonstrated the full scope of the event within the context of her day to day struggles. In the end, the clerk and officer, and person who car was damaged all agreed to let this matter to be dismissed and closed.
RESULT: DISMISSED Prior to Arraignment at Magistrate Hearing