Recent Cases

September 25^th 2020
Rape of a Minor Investigation Closed
Client was a hard-working new immigrant father who had a raised a wonderful and loving family. He had never had any trouble with the law. He was contacted by law enforcement regarding sex-related offenses against a child. One of the most serious charges that one can be accused. His daughter reached out to Attorney Barabino and they quickly began advocating on behalf of the father. In investigations like these, the investigation takes some time and we use that time to influence the direction of the investigation. In this matter, we drafted and submitted a several page memoranda of the client’s background and positive history. We also assembled the entire family who supported the client and we provided affidavits in support of the client, which in this case was substantial and extensive. We coordinated with Department of Children and Family and all involved. In the end, no charges have been filed. Case Closed.
RESULT: Rape of a Child Investigation CLOSED.

September 25^th 2020
Indecent Assault and Battery Investigation Closed
Client was a very bright young man who was alleged to have inappropriately touched a relative on multiple occasions. The police began an investigation. Client retained Attorney Barabino and the process of advocating for client began. As with any allegation, we made contact with the investigators. we assure the police that the lines of communication remain open and should charges be considered we will appear, if requested, in court and no warrant is necessary, among other considerations. Here, we began an elaborate process of educating the investigators of who the client was detailing the background and history of his entire life. We provided a detailed memorandum with significant attachments such as college transcripts among the trove of exhibits. We also supplemented the memorandum with an assortment of affidavits in support of the client’s good character. In the end, no charges have been brought. Case Closed.
RESULT: Indecent Assault and Battery Investigation CLOSED.

September 18^th 2020
Assault on a Family Member
Threats to Commit A Crime
Client was a hardworking father that had had a few scrambles with the law in the past. However, aside from some restraining orders from decades ago, he had not domestic problems. Here, the client was charged by police for Threats against his wife and Assault. He was arrested. After various court dates, it appeared his wife was committed to testifying against him. Client weighed all the options and wanted to deal. The Commonwealth sought a suspended jail sentence with guilty convictions and a 42-week batterers intervention program. The court, after a review rejected that the Commonwealth proposition and agreed with the Defendants side of the plea deal. The client’s plea deal was NOT guilty convictions for either charge but admissions to sufficient facts. Admission to sufficient facts means the charges will be dismissed at the conclusion of probation period which in this case was one year. Also, the court agreed to NOT impose the 42-week batterers program but the more accessible 16-week anger management program. Also, the court agreed that client did not have to take any drug testing until the clinics were operating again due to COVID-19 and when they were open again, he could petition the court to terminate the requirement early if he had no problems up to that point.
RESULT: No Convictions and No Jail. Minimized Probation Requirements.

August 26, 2020
Clerk Magistrate Hearing
Reckless Operation of a Motor Vehicle
Client was a very pleasant and patient young man. He had no criminal record-not even a speeding ticket. However, according to police, he was driving at speeds of nearly 115 MPH and weaving in traffic. The police stopped him and gave him a citation. Client called Attorney Barabino and they quickly processed the ticket within the 4-day required time period. Since they processed the ticket in a timely manner, client was then entitled to a Clerk Magistrate hearing. At the Clerk Magistrate hearing there was no objection to the facts as they were as stated. However, Attorney Barabino and client were able to present a disposition memorandum outlining his background, an affidavit of rehabilitative steps and finally his otherwise spotless driving record. In the end, the Magistrate DID NOT ISSUE the criminal charge. Record Preserved.
RESULT: Case DOES NOT GO FORWARD for Arraignment, Criminal Record Preserved.

August 25, 2020
Motion to Expunge
Client was a hardworking father and local news technician. While driving with his family, he was stopped for a routine civil infraction. When police ran his license, as they always do with a traffic stop, it was discovered that client had a warrant for his arrest issued in a different county for domestic assault and battery. This warrant was false. Client had never been to that county before. Client was brought to court and the judge dismissed him on the warrant. It was clear that this was a case of mistaken identity. Client worked with Attorney Barabino to get the dismissed which they did. Once that was complete, Attorney Barabino and client began the process of expungement. With the passage of the 2018 Massachusetts Crime Bill, opportunities for expunging or completely wiping out a criminal record have been greatly expanded, including for cases of mistaken identity. With expungement, the record is physically destroyed so it literally cannot be seen or accessed by anyone. Attorney Barabino realized that his client qualified and accessed and applied the law to successfully obtain one. Thanks to the expungement, there will be no evidence of criminal conduct on client's record.
RESULT: Case Dismissed, Motion to Expunge Allowed

August 15, 2020
1st Offense OUI
Negligent Operation
Client was a hardworking physician who was charged with OUI and Negligent Operation. They had no prior record. According to the Police, client failed the sobriety test and the Breathalyzer. After a full review, investigation and consultation with Attorney Barabino it was determined that a plea was going to be the chosen path. Because the Breathalyzer test reading was as high, any plea had to include what is referred to an as 24Q evaluation. With that understood, Attorney Barabino and the Prosecutor developed an agreed upon plea disposition that allowed the charge of Negligent Operation to be DISMISSED and the OUI charge be a 24D Disposition. With this disposition, client would be given a Continuation Without a Finding (CWOF)and NOT a Guilty finding. They would be given the shortest probation period of one year and not two, and they would not have to perform any additional conditions aside from the 16-week program that must be completed by all candidates for the program.
RESULT: 24Q, 24D Plea.

August 15, 2020
Gun Permit Appeal
Client was former U.S. Army Officer and Attorney. He applied for a firearm license following all the rules of regulations that his Chief of Police requires. Inexplicitly, he didn’t receive a response after he applied. Months went by and the applicant inquired to the Chief requesting if he be apprised of the status of the application. The Chief simply didn’t call back. Finally, a letter was sent requesting that the application be denied so that he could appeal to the District Court judge. A complaint with filed against the Chief in District Court and a hearing held. The judge ruled a partial victory for the applicant and remanded the case to the Chief. The Chief once again delayed his response and when he did respond, did so ineffectively. The applicant filed a motion for summary judgment that was treated as a motion for reconsideration by the judge and application for the permit was ALLOWED, and the judge ordered the Permit to issue, FORTHWITH.
RESULT: Firearm Permit Ordered to Issue, FORTHWITH.

August 6, 2020
Second Offense OUI
Client was a hardworking father with who was operating at three times the legal speed limit. As someone who had done jail time before and struggled with substance abuse, his goal was to simply stay out of jail. Attorney Barabino negotiated a plea that exceeded his expectations. Client was given a 1^st offense disposition for the 2^nd Offense OUI. The Negligent Operation Charge was dismissed, The Open Container Civil Infraction was "not responsible", and the Marked Lanes Civil Infraction was "not responsible". The importance of getting the additional civil infractions cannot be understated. Additional civil infractions, if not dismissed, can result in surcharges on licenses that not only cost money but can result in a subsequent license suspension. In this case, those were dismissed in addition to getting the 1^st offense disposition on the OUI.
RESULT: Court Treats Second Offense OUI as First, All Other Charges and Infractions dismissed.