Recent Cases

June 14, 2021
Assault and Battery (Domestic)
Client was a responsible, pleasant married client who was accused of Domestic Assault and Battery against his wife. He was arrested and charged and released after his initial arraignment. He immediately consulted with and retained Attorney Barabino. We immediately got to work beginning with a detailed life history of the client. Everything in his life—ever. We then memorialized that information into a substantial background memorandum to the District Attorney. We also enrolled him in an online anger management course. We also spoke at length with his wife who was the person identified on the criminal complaint as the victim. We had many conversations with his very pleasant wife, who despite being aware that a divorce was imminent, agreed to acknowledge her support in writing for the disposition received. Now this professional can move forward without the drastic and inevitable consequences of a conviction (or admission) of domestic violence. The consequences of a conviction can be felt for a lifetime and affect far more than employment. Fortunately, no conviction or admission occurred here, and the client maintains the presumption of innocence. The matter will be formally dismissed in 180 days and client doesn’t have to return to court. The only condition is attending a substance abuse evaluation.
Result: Domestic Violence Charge Generally Continued with ZERO admission of wrongdoing.

June 10, 2021
Clerk Magistrate Hearing
Assault and Battery
Client was an all-around great person who was charged with Assault and Battery by Police. She had lived her entire life up to this point doing the right thing, working and raising her son and living her life. According to Police, she was in an establishment with her friend and husband when she got into a fight with another woman who claimed that she was harassing her as well. That woman had filed a harassment order against client that Attorney Barabino represented her successfully in that case. However, with the pandemic, the criminal charge hearing was delayed until today. In that hearing, Attorney Barabino argued that the charge of Assault and Battery should not go forward. He presented two witnesses and exhibits showing that although client used force it was in self-defense. Also, Attorney Barabino filed a three-page cross-complaint arguing that charges should be issued against the accuser. In the end, the decision makers listened carefully to the evidence and determined that the charge should not issue. And Attorney Barabino withdrew the complaint against the other party as well.
Result: Clerk DOES NOT ISSUE the Charge of Assault and Battery Against Client

June 7, 2021
Negligent Operation
Speeding
Marked Lanes Violation
Client was a very pleasant father and hard-working computer professional who was charged with negligent operation of a motor vehicle and two civil citations. According to Police, he drove off the road late one night (early morning) and abandoned his vehicle. Shortly after he called the police and admitted that he was driving and wanted to report the incident. The police sent him a criminal citation and he retained Attorney Barabino right away. Attorney Barabino advised him of the 4-day rule to sign and return the citation if he was to ever be allowed a show cause hearing. He complied with that, which assured him of that hearing. Moreover, they went to work to obtain the police report documentation and conduct a full interview of the client and his background. We also diagrammed the entire accident scene and lastly drafted a full memorandum to provide to the court detailing the law surrounding “operation” of a motor vehicle. Eventually, the day of the hearing occurred, client did not testify, and Attorney Barabino submitted the materials and argument that the client should never be charged—which the magistrate agreed with. This matter will never appear on any formal record.
Result: Clerk Magistrate Does Not Issue Negligent Operation

May 21, 2021
Negligent Operation
Marked Lanes
State Highway Violation
Client was a very pleasant hard-working college student. He was charged with negligent operation of a motor vehicle and two separate driving violations. Although this was his first offense, he had previously admitted to the same charge of negligent operation—which made the case more challenging. Moreover, in this case, the facts were suggestive of reckless and simply dangerous driving. According to the police, client drove onto the highway at a high speed. He was cutting off vehicles and changing lanes numerous times. He sideswiped a vehicle that caused the vehicle to strike another vehicle. Several vehicles were involved and client’s car was totaled. There were people who were sent to the hospital by ambulance as well. In the end, Attorney Barabino suggested he continue treatment with a doctor for a seizure-related condition. After many court dates, the District Attorney agreed to once again give him a chance to preserve his record with a continuance without a finding and to take one driving class. The probation term will be for 6 months—if he doesn’t commit a new crime. Also, the two civil violations were found NOT RESPONSIBLE.
Result: Short Probation for Negligent Operation

May 20, 2021
Assault and Battery (Domestic)
Assault and Battery (Domestic)
Strangulation/Suffocation
Client was a particularly pleasant person. He received notice that he was being summoned into court for arraignment for the felony strangulation and two separate counts of domestic assault and battery. Client had no prior criminal record and had always been a law-abiding person. Attorney Barabino and client’s family began with a comprehensive interview reviewing the client’s entire life history, explaining the process, and developing the defense. Immediately, they had drafted a background memorandum on the client as well as nearly a half dozen affidavits. Each signed affidavit detailed the client’s reputation for peacefulness. All this was done prior to the arraignment even occurring—so when the day of the arraignment came, client and Attorney Barabino were more than ready. A restraining order was issued by agreement which was a strategic move and in doing so no cross examination occurred. Also, Attorney Barabino was successful in allowing the order not to issue for a full year which would have impacted his license to carry a firearm. Eventually, motions were filed including a detailed motion to dismiss the strangulation charge. As the case proceeded for some time the District Attorney and Attorney Barabino negotiated an agreement to simply drop the strangulation and drop one of the domestic violence charges and leave one charge of domestic violence open for a year with an agreement to dismiss it if he completes five mental health sessions. The client never pleaded or admitted to any wrongdoing and has no obligation to the court. His future remains preserved.
UPDATE August 25, 2021: Client's Restraining Order DISMISSED.
Result: Felony Dropped and No Admission to Any Wrongdoing.

May 14, 2021
Assault and Battery on a Police Officer
Possession of Class A
Possession of Class A
Client was a very pleasant and decent guy who beat the odds of opiate addiction. Client had a host of open cases from years ago when he was addicted to opiates. After a period of several years, he got clean, was in a stable relationship with a good job—but he also had warrants for his arrest. Client and Attorney Barabino got to work and after a long interview and interviews with family members drafted long affidavits in support of his good deeds. We also had him drug tested. In the end, armed with a substantial amount of supporting materials, we had the default removed in the initial case which was for drug possession. Those cases were given a continuance without a finding (CWOF) designation which allows for the matter to be dismissed in the future. Also, client was given no conditions of probation and permission to go to the next court where he has warrants without going to jail. Now, today, we resolve the second matter, after reaching out to the officer himself, the DA, and others, and arguing for the same disposition. So, despite his otherwise lengthy record, client will never spend any time in jail, no guilty convictions, and no probation conditions. Everything dismissed in 180 days if he remains out of trouble. Client beat addiction head-on and beat the odds.
Result: Warrant Default Removal and No Convictions or Conditions of Probation

May 3, 2021
Clerk Magistrate Hearing
Operating a Motor Vehicle Uninsured
Speeding
Client was a very pleasant young man with no criminal history who was charged with operating a motor vehicle uninsured and the civil infraction of speeding. According to the Massachusetts State Police, client was observed speeding, upon which the trooper pulled him over for that civil infraction. After the motor vehicle stop the trooper realized that the client had no valid insurance and was in fact operating the vehicle without insurance—which is illegal. It is criminal. Attorney Barabino met with the family and after an interview and discussion, began preparing the defense. After realizing that the lack of insurance was simply an oversight, we drafted affidavits of the client, and his mother. We also pulled the police report of the incident and his Mass. driving history. Together with that information provided to the court, we waited for the magistrate hearing which was held today. At the hearing, the attentive Magistrate and State Trooper listened to all the facts and arguments and determined that the matter should NOT proceed, and the speeding ticket will be found NOT RESPONSIBLE.
Result: NO Criminal Record for Driving without Insurance

April 16, 2021
Domestic Assault and Battery
Violation of a Restraining Order
Client was a Professor who was charged with Assault and Battery on his wife and violation of a restraining order. According to Police, they received a call to the 911 call center. Upon arrival, they were told by a sobbing wife that the defendant grabbed her by the throat and pushed her away in an aggressive manner. The defendant was arrested and acknowledged the physical interaction with his wife. Based on the evidence collected by the Police department there was expected to be obstacles for success at any future trial. The wife applied for a restraining order after the allegations as well. Also, client violated that restraining order on the first day, resulting in a second charge. According to the wife, this had been a long-standing pattern of conduct. Moreover, the wife refused any reconciliation with the defendant and was adamant that he was never to contact her. The District Attorney was insistent that a formal admission was necessary to resolve the matter. But after nearly a year of various court dates, supplemental court filings and volunteering for and accomplishing an anger management program, the District Attorney agreed to a Pre-Trial Probation (PTP) which halts the case where it currently stands before the court with no formal admission of wrongdoing. Here, they were willing to accept the result so long as they engaged in additional conditions. But most importantly, the client's case is resolved with no admission of wrongdoing which will be essential for his career.
Result: NO Admission of Wrongdoing.