Recent Cases

October 7^th 2019
Motion for New Trial
A hard-working long-time public employee was notified that he had a record and that record was problematic. Attorney Barabino and client reviewed the matter. After collecting documentation from decades earlier and reviewing it, it appeared they plead delinquent to a felony charge. After additional review, legal research and interviewing witnesses, Attorney Barabino began to assemble the probable defenses which the young man, as a youth, simply did not do. As a result, various affidavits were assembled along with a motion for a new trial that justice had not been done. That material was complimented by an extensive memorandum of law which laid out all the facts. On the day of the hearing, the Commonwealth assented that there were enough defects in the decades old that that a new trial was warranted. And upon, that declaration agreed to dismiss the charges.
RESULT: Motion for New Trial, ALLOWED, Case DISMISSED.

September 23^rd 2019
Civil Rights Violation(s)
Assault & Battery
Disorderly Conduct
An out-of-work beautician was charged with assault and battery, disorderly conduct and civil rights violations. According to police, he yelled insulting remarks to an innocent Asian woman, then grabbed her and pulled her arm. He was also disorderly. He was tackled to the ground by bystanders. The Commonwealth moved for a dangerousness hearing under the “58A” dangerousness statute. As a result, client was held in state custody since the event occurred in summer of 2018. Attorney Barabino had his client evaluated from a private forensic psychiatrist who opined that the defendant was not criminally responsible. That in combination with the Commonwealth’s doctor’s testimony led to a verdict of NOT GUILTY by reason of mental defect or disease. Client DISCHARGED.
RESULT: NOT- GUILTY for reason of insanity.

September 20^th 2019
Motion to Expunge Record
A young pilot has a previous criminal driving charge on his record. As a young professional, he understood the professional barriers and obstacles that even the simplest criminal offense can have on a person’s record. Attorney Barabino filed a motion to expunge, with a memorandum of law and affidavits and scheduled the matter for a hearing. At the hearing, the judge listened to the facts and circumstances and the law and ALLOWED, the Motion to Expunge. As a result, the government is ordered to destroy the contents of anything related to the case and remove any reference to it that may exist within the government database and file.
RESULT: Motion to Expunge, ALLOWED.

August 29^th 2019
Domestic Assault and Battery
A young married professional was accused of striking his wife. His wife went to the hospital with noticeable swelling on her face. Shortly after the accusation, the Defendant was arrested and charged with domestic assault and battery. Attorney Barabino and client began an exhaustive background summary of client and that material was provided to the District Attorney. In the end, Attorney Barabino placed the matter on for a bench trial before a judge. At that trial, the complainant asserted her marital privilege and the case was dismissed.
RESULT: Domestic Assault and Battery, DISMISSED

August 13th 2019
Sex Assault Investigation
A young father and laborer was being investigated for sex assault. According to police, this young father was partying with friends when he was accused of sexually assaulting a fellow partygoer. The accuser went to the hospital and informed the police. Client reached out to Attorney Barabino since the police wanted to talk to him. Attorney Barabino quickly informed police that he was represented and gave some helpful information to police. In addition, Attorney Barabino secured photograph evidence that would show that no struggle occurred, and finally began the educating client on the pre-investigation process. In the end, no charges have been filed and the case is considered closed.
RESULT: Sex Assault Investigation CLOSED

July 24^th 2019
Probation Warrant
All around solid father and builder had a warrant for his arrest for failing to appear for probation. It had been many months and he simply didn’t go, since he owed money to the court. More importantly, he had recently gotten arrested for a new allegation. Attorney Barabino expediated his matter and they appeared in court without delay. They were able to have him pay the money that he owed to the court and the court agreed to simply discharge his probation obligation, all before any new charges were formally issued. Client is discharged, court is paid in full and he goes back to being a grateful loving father.
RESULT: Probation Warrant Lifted, Probation TERMINATED AND DISCHARGED.

July 12^th2019
Assault and Battery (Felony)
Client was a very pleasant highly accomplished young college student at a prestigious university in the Boston area. He was accused by police of beating, with another student, a fellow student. Fortunately, the out of state parent contacted Attorney Barabino early and he was able to quickly acclimate to the issues. The police were adamant that the hearing move forward and charges be issued. Despite the aggressive posture, Attorney Barabino was able to obtain a continuance to further examine the matter and advocate for his client. After a continuance was obtained, he began to assemble and examine statements and identified grave errors in the initial charging documents. He took that information to the leadership of the university and eventually met with counsel for the school—all prior to the magistrate hearing. Today, Attorney Barabino provides notification to his client from the school that the charges have been withdrawn.
RESULT: Charges WITHDRAWN prior to MAGISTRATE HEARING.

July 8^th2019
Application for Restraining Order
Client was a pleasant young hard-working guy who was in a relationship with a woman at the workplace. The engaged in various sexual banter via text message and in person. They continued this relationship despite concerns from their employer. Admittingly, there were regretful and inappropriate things sent via text. Things that could be inferred as threatening, but in the end, the judge ruled that the standard of law had not been met and the order was vacated.
RESULT: Restraining Order VACATED.