Recent Cases

April 8, 2021
Leaving the Scene of Property Damage
An all-around good person and responsible father was charged with leaving the scene of property damage. According to police, client had been driving a motor vehicle when it briefly collided with another parked vehicle. That other vehicle's owner was able to obtain video identifying client as the driver. Client was summonsed into court and arraigned with the charge of leaving the scene of property damage. He retained Attorney Barabino after the arraignment, and they developed a plan to file a Motion to Dismiss the charge based on a procedural challenge. A hearing was scheduled, and the motion was ALLOWED by the court. Eventually, the court issued a show cause hearing at which time, Attorney Barabino advocated for client, at that hearing, the charges were DISMISSED in their entirety.
Result: Motion to DISMISS is ALLOWED, No Complaint ISSUES for Leaving the Scene.

March 31, 2021
Federal Grand Jury
Client was an all-around great guy with no criminal history. Client was interviewed by federal agents without an attorney and as a result of that interview a summons to appear before a grand jury was sent to him. When he received the summons to appear, Attorney Barabino and the U.S. Attorney began the process of discussing the presentment and the background of the incident that required him to appear. After discussion, an offer of immunity from prosecution was granted and the Grand Jury testimony was planned and executed. Client cannot be charged for any conduct that resulted in him being asked to appear.

Result: IMMUNIZED Testimony

March 25, 2021
Larceny over $1200.00
Two very pleasant young brothers had a few drinks. According to Police, at some point after a few drinks, they decided to test out a police bicycle that was unsecured. One quick ride became another until they had absconded with the bicycles, very expensive bicycles. Upon committing the act, one brother was wracked by the guilt of the felonious act and went and admitted his misdeeds. The police interviewed that brother and collected all the evidence they needed to secure convictions on both brothers. A clerk magistrate hearing was scheduled to determine if probable cause existed and if the case could be resolved. After significant pre-hearing discussion, it was agreed that full restitution would bring the matter to an end without the parties having a court record. The matter results in no charges.
Result: No CARI/CORI ever.

March 11, 2021
Assault and Battery on a Pregnant Person
Domestic Assault and Battery
Client was a 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, an 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, 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 have 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 client's otherwise lawful reputation and history. The complaint did not issue.
Result: Young College Graduate Maintains NO Criminal Record.

March 8, 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 Keeps Career

March 4, 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 mandatory minimum of 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 the parole board deems her a worthy candidate for parole.
Result: Trafficking REDUCED to Possession with Intent.

February 23, 2021
Assault and Battery Domestic
Client was a wonderful, pleasant man married to an equally wonderful, pleasant wife. According to Police, client was having a nervous breakdown and was engaging in personally harmful behavior and also physical touching of his wife who was the victim in the matter. Client was seen and admitted to a 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.