Recent Cases

February 20, 2020
Assault and Battery
Assault and Battery Against Police Officer
Resisting Arrest
Client was pleasant, professional young CPA. According to police he was at local Encore casino late at night and intoxicated. Police stated that client got into a relatively insignificant but possibly criminal altercation against fellow casino player and subsequently left scene. Police later located client and began speaking with him. When they did, client reacted with a combination of poor judgement and alcohol. Unaware that the officers were police, client got into an altercation with one. This led to the client being taken down by law enforcement and arrested. In the end, Attorney Barabino and client were able to work through the evidence and with prosecutor come to an agreement that this was an event that was unacceptable and never should have occurred. Client expressed desire to take responsibility. He was given disposition with very manageable conditions which will allow the case to simply be dismissed with admission of wrongdoing
RESULT: Case Dismissed, No Criminal Record

February 18, 2020
Strangulation & Suffocation
Client was pleasant, young father but not yet legally immigrated to the country. According to police, him and his young brother got into a fight, which included allegations of strangulation and suffocation. The two had never been in a physical altercation prior to that day. Client was held on a 58A dangerousness hearing. Upon him being detained in jail, his mother retained Attorney Barabino immediately. Within four days Attorney Barabino and his writer Nick developed a detailed disposition memorandum, drafted and had signed multiple affidavits of support, and interviewed and prepped witnesses in anticipation of 58A hearing. At the hearing, Attorney Barabino presented multiple arguments and cross-examined the accuser. He also provided witnesses who testified on behalf of the defendant. The result was the immediate release from custody of the client. Then, after many months and hearings and an in-depth investigation, a motion for pretrial diversion, and continued interviewing, the district attorney suggested that the case be generally continued for one year and client would continue anger management program.
RESULT: No Conviction. No immigration consequences.

February 6, 2020
Trafficking Food Stamps
Client was very pleasant young lady, with several young, well-behaved children. She was accused by the government of trafficking food stamps and other related allegations. Client denied that any of these accusations took place and sought to challenge them. According to the government, she had been not only trafficking but intentionally violating food stamp rules and regulations. Attorney Barabino was retained and got to work with client in reviewing a large amount of documentation, memoranda, and data. In addition, Attorney Barabino with his assistant Nick developed a detailed breakdown of the entire case and a memorandum supporting her attention to all the rules and regulations of food stamp law. In the end, when all the hearings were complete and the testimony taken, client was vindicated and all allegations were dismissed.
RESULT: All Allegations Dismissed in Client's Favor

January 30, 2020
Assault and Battery
Clerk Magistrate Hearing
Client was a very pleasant, young defense industry employee. According to police, client was with his girlfriend and a dog at a dog park when an altercation occurred. Client got upset because his dog was bitten by another. Argument ensued in which dogs needed to be restrained. Eventually, there was a brief physical altercation between the two dog owners. Ultimately, a request was for a clerk magistrate hearing was made, which did in fact occur. Prior to the hearing, Attorney Barabino had client enroll in 10-week anger management online course. At the clerk magistrate hearing, Attorney Barabino and client used a multi-page, detailed background memorandum on client to reach agreement that, in addition to client paying restitution, complaint would not issue.
RESULT: No Arraignment, No Charge for Assault and Battery

January 21^st 2020
Assault with a Dangerous Weapon
Clerk Magistrate Hearing
Client was a very pleasant young mother who was managing life admirably. With all the duties and responsibilities raising her children she was also an employee of the public-school system. With no prior record, it was surprising to all when she was charged with felony assault. A conviction or even being charged could put her entire future in jeopardy. According to police, she was with her kids when her car was towed to tow yard. Instead of paying for the two she decided to simply try to take the car without paying the tow truck. Particularly bad judgment and inconsistent with her character. The charges from police resulted in her speeding out of the tow yard as an employee approached her car. The scene was chaotic, and the facts become murky, but according to the employee he was hit with her car and she speed off. To prepare for the hearing Attorney Barabino developed a 5-page background memorandum of her life complete with attachments and supporting documentation. We also paid the tow company the money which they were owed. In the end, after much deliberation it was decided that no charges would issue against client with an expectation that a letter of apology be filed which the client fully embraced. Finally, the victim testified and fortunately was supportive of charges not being issued, which likely tipped the scale for the complaint to NOT ISSUE for a felony charge.
RESULT: No Arraignment, No Charges for Felony.

January 16^th 2019
Assault and Battery
Client was a hardworking professional with no criminal record. She was experiencing a difficult time of her life when she was charged by police with assault and battery. According to police, she had a dispute with another driver on the road. According to police, when the other driver pulled over, so did client who got out of her car, when up to the window and grabbed her arm. There were also expletives shouted. The alleged victim added that she client grabbed lit cigarette from hand. The case proceeded through the court for nearly a years’ time. During that time, client entered therapy and Attorney Barabino provided those confirmations to the District Attorney along with a lengthy disposition memorandum. In the end, after many negotiations and court dates, an agreement was struck whereby the client would admit to no wrongdoing or criminal behavior. And she would continue with counseling as her counselor recommends. She does not have to return to court and the charge will simply be dismissed on one years’ time.
RESULT: PTP w/agreement to continue therapy

Assault w/a Dangerous Weapon
Negligent Operation of a Motor Vehicle
Failure to Stop for Police
Resisting Arrest
Client was a hardworking, college graduate who was self-managing some mental health challenges. When he became intoxicated his behavior caused some concern from neighbors and fellow tenants. His behavior triggered the attention of local police, and SWAT were called into action. This brief standoff caught the attention of local media. Fortunately, the SWAT team was able to diffuse the situation and arrest client without any gunfire. The client was then charged with assault with a dangerous weapon against his neighbor. After the incident, client’s parents immediately reached out to Attorney Barabino. At arraignment client faced open criminal charges of negligent operation of a motor vehicle, resisting arrest, and failure to stop for police. Attorney Barabino took over all the cases. He also immediately requested a clinical evaluation at arraignment and a doctor was called to the court. Criminal responsibility was a live issue. Attorney Barabino requested that he not be placed on bail and be allowed to be evaluated for criminal responsibility at Bridgewater State Hospital. That request was allowed. Also, the victims filed a harassment order against client. Attorney Barabino requested that this order be dismissed prior to setting a hearing as the petition was inadequate. The judge agreed. Eventually, client was sent to Bridgewater. The evaluation was inconclusive. So, Attorney Barabino hired an independent forensic psychiatrist to evaluate client. It was during the period of time that Attorney Barabino was able to negotiate pre-trial probation with the District Attorney office for both cases. This disposition simply means that the prosecution is paused pending his participation with the terms of the agreement: comply with Department of Mental Health treatment regimen, stayaway from the victim and the area where she lives and forfeit the knife and the mace, which was taken during the SWAT team raid. So, after a year, if client complies, he will have no record and hopefully become a productive tax paying citizen again.
RESULT: PTP Ends Both Criminal Complaints

January 8th 2020
Motion to Seal
Client was a well-established professional who had a previous assault and battery charge filed against her. The charge was ultimately dismissed. She soon decided that she would like to have no record of the event since it could affect her job prospects. So, Attorney Barabino sat down with client and family and drafted lengthy affidavits in support of the sealing petition. Included within the petition were attachments and photographs. At the hearing, the judge took everything under consideration, and despite the opposition from the Commonwealth, allowed the motion to seal.
RESULT: Motion to Seal, ALLOWED