Recent Cases

October 8, 2020
Operating on a Restricted License
Negligent Operation of a Motor Vehicle
Failure to Stop for Police
Receiving Stolen Property
Malicious Destruction of Property
Client was a young individual who had gone and spent a brief time on the wrong side of lawfulness. He had a strong family foundation, but his recent conduct was clearly unacceptable and problematic. He was charged with two separate complaints. One where he and others took someone else's bicycles and damaged the value of the bikes. And another where he rented a high-end car and sped through various streets until he was located by police—which at that time he took off in a brief chase. The conduct of both cases, particularly the high-speed chase, was concerning for all involved. The show cause hearing was set for several months out—which worked perfectly as the strategy with Attorney Barabino was to do one thing—acknowledge the prior failures and prove that he can rehabilitate himself in several months’ time. The burden for the client was high. But he and Attorney Barabino set certain benchmarks of success and client exceeded every single one. After hearing testimony, a written plan of success and a memorandum outlining the history of client, the clerk magistrate and the police department decided to validate the young man’s recent efforts and allow him to rehabilitate himself outside the criminal justice system.
Result: Both CASES COMPLAINT DOES NOT ISSUE. Records CLEAN

October 7, 2020
Operating on a Suspended License
Traffic Violation
Client was a Florida resident who had an outstanding warrant for his arrest in Massachusetts. The reason he had a warrant for his arrest was due to a default on an outstanding charge of driving on a suspended license and a civil infraction. Attorney Barabino was retained and appeared in court in an attempt to remove the warrant without his client having to appear in the courthouse. Fortunately, the District Attorney was present and reviewed the particular circumstances in this matter and agreed that the default could be removed without his presence. A big win for the client since he avoided having to fly to Massachusetts to remove the default and also the removal of the default allowed his license to be reinstated. After that default removal, the attentive District Attorney and Attorney Barabino were able to review and discuss the matter further. In doing so, they were ready for the pre-trial date that was scheduled via Zoom to be productive and efficient for the client. On the day of the initial appearance the Client's matter was dismissed in its entirety.
Result: Both DISMISSED at Arraignment.

September 25, 2020
Unlicensed Operation of a Motor Vehicle
Unregistered Motor Vehicle
Client was a very pleasant commercial driver who had temporarily relocated to Massachusetts. He got into a routine traffic accident, the police informed him that he was supposed to have a Massachusetts Driver's License and he did not. Also, the officer informed him that his registration was invalid. Client was summonsed and retained Attorney Barabino. After interviewing, preparation, and guidance, client went to the arraignment and brought along various items in support of his background and legal arguments in defense of a favorable recommendation. After a discussion with the District Attorney and the arguments in favor of dismissal, the District Attorney agreed to DISMISS BOTH charges entirely.
Result: Both DISMISSED at Arraignment.

September 25, 2020
Rape of a Minor Investigation Closed
Client was a hard-working new immigrant father who had 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 of. 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 memorandum 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 the Department of Children and Families and all involved. In the end, no charges have been filed. Case Closed.
Result: Rape of a Child Investigation CLOSED.

September 25, 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 assured the police that the lines of communication would 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, 2020
Assault on a Family Member
Threats to Commit a Crime
Client was a hardworking father who had had a few scrapes with the law in the past. However, aside from some restraining orders from decades ago, he had no 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 the Commonwealth’s proposition and agreed with the Defendant’s 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 the 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 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 case 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