Recent Cases

March 11^th 2021
Assault and Battery on a Pregnant Person
Domestic Assault and Battery
Client was super bright and pleasant father and husband. Both he and his wife are at the pinnacle of the academic elite. However, they had an incident where the police investigated and charged client. According to police, client had grabbed, or attempted to grab the phone from his pregnant wife-resulting in them wrestling to the ground. After nearly a year of court proceedings, everything being stable with the young family and agreement was struck with the prosecutor. The agreement was that wife would assert her marital privilege and if accepted by the court, dismiss the charges. Today, wife did successfully assert her privilege and the charges were dismissed.
RESULT: Young Family Moves Forward with No Criminal Record.

March 10^th 2021
Indecent Exposure
Clerk Magistrate Hearing
Client was a young college graduate with no criminal record. A criminal record of any kind would likely have some impact on his future. A criminal record of a sex related charge would likely have the greatest impact. Here, he was alleged to had committed a criminal (sex related) charge of indecent exposure. According to the Police report, client had been out with friends in Boston and drank some alcohol. Then he attended a Bruins game and drank more alcohol. Then after he drank more alcohol, he decided to drink a little more. In the end, there appeared to be a dispute with a bouncer over his intoxication level which resulted in his displaying his genitals. Then he left the bar and displayed those same genitals to the male patrons inside the bar from the sidewalk. Shortly after, a patron from the bar came out and punched client in the face, which resulted in client no longer exposing his genitals. In the end, a summons for a magistrate hearing was scheduled. Attorney Barabino had client attend several AA groups and memorialized that attendance via affidavit. In addition, he drafted and submitted a long memorandum of the clients otherwise lawful reputation and history. The complaint does not issue.
RESULT: Young College Graduate Maintain NO Criminal Record.

March 8^th 2021
Assault and Battery Domestic
Clerk Magistrate Hearing
Client was a career U.S. Army Soldier on active-duty status with over a decade of service. If the complaint issued, his career would be over. According to police, his ex-girlfriend alleged that he struck her at the gym after a break-up. The allegations resulted in a charge of domestic assault and battery. Fortunately, the police filed for a clerk magistrate hearing instead of an arrest or summons arraignment. The police filed for a clerk magistrate hearing which, if we are successful, will never appear on any record—and not impact his career in the U.S. Army. Attorney Barabino and client spent countless hours preparing for the hearing reviewing witnesses and possible testimony. We also collected documentary evidence from social media, and prior police reports. In the end, both parties testified and based on the testimony the clerk magistrate determined that the accuser did not meet her burden of probable cause and the complaint WILL NOT ISSUE.
RESULT: U.S. Army Soldier Keep Career

March 4^th 2021
Trafficking
Client was a young hardworking single mother from out-of-state. According to Police and supported by her plea, she was driving a vehicle owned by someone else. That vehicle was not properly on the road and moving violations triggered a lawful traffic stop. After the traffic stop, experienced police officers noticed what appeared to be a hydraulic drug compartment built into the motor vehicle console. Inside that secret compartment was a large quantity of drugs which supported a trafficking indictment. Also, during the search of the vehicle there were additional drugs found in the backseat. The case moved through the court for nearly three years. During that time there were search warrants executed and a large trove of discovery that was reviewed in great detail. A motion to suppress, was unsuccessful and the case moved toward trial. As the case proceeded, a deal was struck whereby the District Attorney would reduce the charge which requires a minimum mandatory 3.5 years in state prison to possession with intent, which gave the District Attorney flexibility to negotiate. The final plea was 2.5 years in the house of correction, with one year to serve—and no minimum mandatory. The result is that client can expect to be released within 6 months with good time and even sooner if parole board deems her a worthy candidate for parole.
RESULT: Trafficking REDUCED to Possession with Intent.

February 23^rd 2021
Assault and Battery Domestic
Client was a wonderfully pleasant man married to an equally wonderfully pleasant wife. According to Police, client was having a nervous breakdown and was engaging in personally harmful behavior and also physical touching on his wife who was the victim in the matter. Client was seen and admitted to mental health hospital, eventually released and engaged in aftercare once released. Also, he stopped drinking and based on the documentary evidence and testimony of his wife, there was an agreement for the charge NOT to be issued. The police did a commendable job that was readily acknowledged by all involved as they showed professionalism and restraint.
RESULT: NO Formal Charges for Assault and Battery Domestic.

February 19^th 2021
Assault and Battery Domestic
Client was a very pleasant hardworking college professor. According to Police, in a brief moment of agitation and aggravation she lightly struck him twice in the face. Client was charged with Assault and Battery Domestic. This was embarrassing, upsetting and anxiety provoking in every way. There were a variety of collateral consequences to include, employment, immigration and the divorce. Nonetheless, through consistent and repeated advocacy Attorney Barabino was able to navigate a disposition that result in no admission of wrongdoing and an eventual dismissal. Client was pleased and certainly relieved and can resume her life as a respected professional.
RESULT: Immigration Status and Reputation Protected.

February 18^th 2021
Assault and Battery
Default Removal
Client was a hardworking loving father who had been charged with Assault and Battery. According to Police, client got involved in an argument in the street with two others, apparently a push caused a fall and client removed himself from the situation. As he calmly walked away, police stopped him—took basic information from him and he believed that was the end of it. However, police sent him a summons and he coincidently left for his birth country before he received it. Ten years goes by and he seeks to once again return to United States to be amongst family and the like. However, he has both an open criminal charge and a warrant for his arrest. Both major obstacles for him and his situation. The warrant alone would result in his immediate arrest upon arrival in the United States and the open case could prove problematic for immigration purposes. Attorney Barabino was fortunate to be able to work with his supportive and caring daughter who was able to collect all the relevant information to make strong advocacy possible. Attorney Barabino brought the issue to an attentive District Attorney. Barabino provided the District Attorney with a detailed memorandum and history of the defendant, the background of the family and the event which caused the warrant. After the consultation, the case was brought froward and the default removed—which means no warrant. Now that the warrant was removed, the case was set up for a remote arraignment where the client would remain in Africa and be remotely brought in via zoom. However, in addition to the remote arraignment the district attorney placed the matter on for arraignment and trial track which included a summons for the accuser to appear. When no accuser appeared, the case was simply dismissed. No record. A lot of moving parts and a lot of people working together to get the right result.
RESULT: Straight Warrant Removed: Case Dismissed.

January 22^nd 2021
OUI Drugs
Negligent Operation of a Motor Vehicle
Client was a pleasant aspiring firefighter and college graduate. According to police he was operating under the influence of drugs and operated him car negligently. Both accusations were true to a large degree. Client had gotten into a one-car accident. He was interviewed by police and admitted that he underestimated the oxycodone medication that he just took. That afternoon was the first time the client had taken the medication. The client was summoned and after several court dates and preparation of the Commonwealths expert, a trial was sought and held. The driving, although negligent did not exceed the threshold of beyond a reasonable doubt. After all the witnesses, medical documentation and expert testimony, it was concluded that the standard of beyond a reasonable doubt had not been met client was found NOT GUILTY of both charges.
RESULT: ACQUITTED Both CHARGES.