Recent Cases

April 17^th 2019
Assault and Battery on a Family Member
A wonderfully supportive mother of a young college student asked her son to clean his room. Son felt that mother’s requests was unreasonable and began videotaping mother with his phone as he laid in bed. Mother got agitated and tried to grab the phone from son. Son called police and police arrested mother. Police charged MOTHER with assault and battery. They arrested mother despite the son admitting that he bit his mother. The Essex County district attorney sought cashbelieving that the community member who had lived and worked in the area for thirty years and had no criminal record would flee the jurisdiction. Attorney Barabino asked for a received personal recognizance with some conditions pending trial. A trial was sought as the district attorney refused to dismiss the charges. Ironically, it was the mother who woke up son and drove him to court for her trial. At trial, Attorney Barabino sought the young man be appointed a lawyer for a 5^thamendment, despite the district attorney believing that one did not exist. The judge allowed attorney Barabino’s request and the victim asserted his 5^thamendment right to self-incrimination. The judge dismissed the case. Case DISMISSED.
RESULT: CHARGE DISMISSED AT TRIAL via 5^thAMENDMENT Assertion.

April 4^th 2019
Drug, Possession to Distribute Class D
Client was a young father to be who was charged with distribution of marijuana. According to police, he has been selling marijuana and was about to sell to someone. That moment, police responded performed what the court determined to be a legal stop of the motor vehicle that defendant was driving. The police recovered the drugs and the paraphernalia. During the period of time the case proceeded through court, Attorney Barabino drafted a three-page disposition memorandum of the defendant. The district attorney listened intently to all the issues and the facts. And after a long period of time, they agreed that if the defendant performed certain task such as drug screens, community service remain employed that they would agree to pre-trial probation. Pre-trial probation means that the defendant does not admit any wrongdoing and the case is eventually dismissed. In the end, the hard working and professional district attorney agreed to simply dismiss the charges. All charges dismissed. PRE-TRIAL Probation Allowed, One Year, Retains Presumption of Innocence. No Admission of Guilt.
RESULT: PRE-TRIAL Probation Allowed, One Year, Retains Presumption of Innocence

April 3^rd 2019
OUI- Liquor or .08%
Refusal to Obey a Police Officer
According to police, client was causing a disturbance at a tow-yard. They arrived and began asking him some questions as he sat in his stationary, but, running vehicle. They smelt the strong odor of alcohol coming from his breath. Client was inattentive and non-responsive to the officers demands and questions. When the defendant stood, he swayed slightly. The police placed the Defendant under arrest operating under the influence of alcohol and refusing to identify himself. At the booking procedure he passively resisted almost all commands and at one point had to be carried to the jail cell. In the end, he was charged with OUI and refusing to identify himself. He was acquitted after a trial of OUI and ordered to pay one hundred dollars for refusing to identify himself.
RESULT: Operating Under the Influence,NOT GUILTY. Fine of $100.00 for the Refusing to Identify.

March 28th 2019
OUI- Liquor or .08%
Negligent Operation of Motor Vehicle
Speeding
According to police, client was driving on the highway at a high speed when he came in contact with another vehicle. Both car spun out and the cars were totaled. The State Police arrived they reported that the defendant had all the symptoms and characteristics of intoxicated driver and detailed them in his report. After the failed sobriety test the defendant was charged with the above charges. A balanced decision with attorney Barabino and client was made to take a plea as long as we could get everything we wanted. That goal was met.
RESULT: Shortest Probation period by law received on OUI, NOT RESPONSIBLE on the speeding ticket, Negligent Operation, DISMISSED.

March 27^th 2019
False Bomb Threat
According to the police report, client/student was surfing the internet when she impulsively indicated she would act in a violent way toward a school via Instagram. The evidence against the defendant was strong and well-documented. The threat was direct and obvious—but the actual intent was lacking. An apparent act of immaturity and bad judgement that could affect her for the rest of her life, if formally charged and certainly if convicted. Fortunately, Attorney Barabino and the family worked with the District Attorney’s office to enter a diversionary program which would divert her from ever entering the criminal justice system. No record and no evidence of the felony accusation. With an agreement was drafted which included an apology, therapy and additional conditions.
RESULT: Application for Complaint, NEVER FILED, CASE TO BE DISMISSED with DIVERSION.

March 7^th 2019
Annoying Telephone Calls/Electronic Communication
Annoying Telephone Calls/Electronic Communication
A hard working state-employee, now retiree, became has concerns about his various process and procedures with the Commonwealth. As a result, he made a lot of unwanted calls, text and social media post. Client was charged with annoying phone calls, 2 counts. The acts were prosecuted by the Attorney General Cyber Crime Division. The Commonwealth provided ample discovery and evidence prior to trial. That evidence included over 700 hundred numbers exhibits which were supported in electronic and print format. The evidence was strong. Attorney Barabino and client tendered a plea—but when we didn’t get what we were seeking, they withdrew the plea and opted for a trial. At trial they once again, tendered a plea and received what was an acceptable disposition.
RESULT: 2^ndTender of Plea, Half Probation Period and less Conditions.

March 6^th 2019
Leave Scene of Property Damage
Client was a young doctor that made light contact with another car and did not stop as directed under the law. She was summons to court and Attorney Barabino was able to ensure that it was clerk-magistrate hearing and not a summons for arraignment. A summons for an arraignment would be an automatic mark on her unblemished record. At that hearing clerk magistrate hearing, all the issues were investigated and assurance that the other party was compensated. As a result, the court agreed to DISMISS the application for complaint.
RESULT: Application for Criminal Complaint, DISMISSED

February 15^th 2019
Larceny from a Building
Client was a young man who had had sporadic involvement with the law, but no prior convictions. He also was beginning to dabble in illicit drug use. According to police, while employed at a coffeeshop he aided and abetted another individual to steal several hundred dollars from his place of employment. The police used videotape, statements of employees and the defendant statements as well. On the day of trial, a discussion took place and an agreement that would REDUCE the charge for a FELONY to a MISDEMEANOR and place the defendant on probation for a year. Also, the charge would be a continued without a finding which mean it can be dismissed if client complies with probation agreement. The probation agreement was tailored so he will be drug-screened for a period of 12 months-but if he is clean for the first three months he does not have to engage in further screens. Lastly, he is required to pay the out of pocket money stolen from the donut shop.
RESULT: AGREEMENT to REDUCE the FELONY to a MISDEMEANOR and a DISMISSAL will follow, if completes the term of one-year probation.