Recent Cases

August 26, 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 enough injury 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 as one that should be given more latitude and discretion. Attorney Barabino developed a significant life memorandum on the Defendant and presented them with 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 completed online anger management. No Record or Admission of Guilt to Enter on Client's Record.
Result: Great Couple Moves Forward Without Record

August 25, 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 were charged with being minors in possession of alcohol. In Massachusetts, it 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 thus will not be on his record.
Result: Magistrate DOES NOT GO FORWARD to Arraignment.

August 24, 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 fiancée. When client got angry, he struck her in the face. The fiancée 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, 2021
Vandalize Property
Client was a very pleasant upstanding professional with no criminal record. She was involved in a dispute in a parking lot and in frustration made a mark on 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 whose car was damaged all agreed to let this matter be dismissed and closed.
Result: DISMISSED Prior to Arraignment at Magistrate Hearing

August 17, 2021
Assault and Battery
Larceny over $1200
Destruction of Property over $1200
Disturbing the Peace
Client was a very pleasant upstanding professional. No criminal record and her only history was one of decency and responsibility. However, a convergence of life events left her in an agitated state where she did things that are simply outside her otherwise responsible self. According to police, on one occasion she got angry at her husband who went to his ex-wife's home and she took some tools from his truck, did some physical damage to the vehicle and caused a disturbance in the neighborhood by her actions. Then weeks later she called police on her husband, and he was arrested and a few hours after his arrest she was arrested for assaulting her adult son. The District Attorney wanted to put her in mandatory jail for getting arrested while out on bail. That request was denied, and she was never placed in custody. The case concluded with a plea agreement for a continuation without a finding which means that the cases will all be dismissed after one year. She must abstain from alcohol with testing for 6 months as well. Lastly, she must continue with the therapy. A rough patch for this otherwise decent, classy, and kind family.
Result: Larceny and Disturbing Peace DISMISSED; remaining charges DISMISSED upon completion of probationary term.

July 20, 2021
Harassment Order
Client(s) were a very pleasant family who had ongoing difficulties with a neighbor. That neighbor filed a harassment order against both the husband and wife. They retained Attorney Barabino who began preparation for the hearing which was scheduled within days, per statute. After a detailed interview and document review, Attorney Barabino sought to file a cross-petition of harassment against the other party. That involved drafting two nearly 5-page affidavits alleging harassment against the other party. In addition, client prepared for the hearing by reviewing testimony and securing witnesses. On the day of the hearing, Attorney Barabino and the other side's attorney continued to talk, discuss, and negotiate. Within minutes of the hearing beginning an agreement was made for both parties to dismiss their claims.
Result: Harassment Order DISMISSED

July 15, 2021
Operating Under the Influence 1^st Offense
Negligent Operation of a Motor Vehicle
Client was a super pleasant and patient person from a great family. According to Police, he ran a red light, had thick-tongued speech, red glassy eyes and smelled of alcohol. Additionally, he failed the sobriety test and didn’t conform to specific instructions. He was arrested and charged with OUI and Negligent Operation. Eventually, he and Attorney Barabino decided on a trial. They prepared by spending time at the arrest scene and interviewing witnesses. Eventually, the trial date was set. However, due to a number of variables, the trial was continued nearly four times. Client stayed positive and patient. Eventually, the trial was held and a verdict of Not Guilty on both charges ended this upsetting chapter in his otherwise law-abiding life.
Result: Both Charges ACQUITTED After Trial

June 16, 2021
Leaving the Scene of Property Damage (2 Counts)
Client was a very pleasant young man who was on his way to a profession as a firefighter. However, he had one legitimate concern which was this case. Here, he drove into two separate vehicles damaging them both significantly and left the scene. That action is a criminal offense of leaving the scene of property damage. In this case, two counts, since he struck two separate vehicles. Client consulted with Attorney Barabino months before being retained and had explained to him the importance of sending the notice of hearing to the court within four days. That action would give him a magistrate hearing, which is often called a probable cause hearing or show cause hearing. The client did that and eventually was granted the show cause hearing. The importance of obtaining the show cause hearing can never be overstated since if successful, the matter will never appear on a criminal record and employers and other interested parties will never have knowledge of the past behavior. Here, we prepared for the hearing in hopes that the case would not go forward at the hearing. We coordinated with the insurance companies, obtained the police reports, developed a map of the limited travel of the defendant that evening, and drafted a legal memorandum on how someone can only be charged with one leaving-the-scene offense, not multiple counts. The Clerk Magistrate listened to all the parties, and after an extended hearing, agreed to NOT go forward with the charges, as long as everyone was paid back in full.
Result: Leaving the Scene Never Appears on Any Criminal Record