Recent Cases

May 28^th 2019
Operating under the Influence of Alcohol
Client was a very pleasant hard-working dad who was charged with operating under the influence of alcohol. According to Police, client was speeding when he collided another speeding vehicle. Although the damage was minor, police came and began asking questions. Client admitted drinking three beers and naturally smelled like alcohol, which the police noted. The police testified his eyes were also bloodshot and very glassy. And that he was unsteady on his feet and was swaying slightly. At trial, Attorney Barabino cross-examined the officer and then put on the defendant’s friend who he had been with just prior to the arrest. An attentive jury took their time, asked questions and finally unanimously returned a verdict of NOT GUILTY. Attorney Barabino requested the court endorse a motion to reinstate the license which was allowed.
RESULT: Jury Verdict of NOT GUILTY, Motion to Reinstate License ALLOWED.

May 22nd 2019
Breaking and Entering in the Nighttime to Commit a Felony
Assault and Battery on person Disabled/Over 60
Client was a hardworking father who came from out-of-state to see a country concert at Gillette Stadium. He saw the concert and much more. He became intoxicated, very intoxicated and was rummaging through what he thought was his friend’s car only to find out that it was not. The owner of the vehicle confronted him, and a fight ensued and he, according to police struck the man several times. The man whose vehicle it was very angry (understandably). The victim was and continued to be upset as the nearly year-long case traveled through the court system. The district attorney had been having sought convictions for the entire year as the case proceeded though the court. Something we were unwilling to consider. The case was marked up for trial and the defendant and accuser and others negotiated with moments before the jury was to be selected. After a long discussion with the accuser, Attorney Barabino, client, client’s wife and the accuser shook hands and client apologized for what was a major mistake that should not have happened-but did. The accuser was gracious, respectful and decent. In the end, we negotiated a full-dismissal of the breaking and entering charge and an agreement for a deferred judgement for a year which if he accomplishes probation, the case will be dismissed from his record. The deferred judgment is technically called a continued without a finding or “CWOF” so that the person admits to the acts, but a judgment of guilty is withheld pending completion of probation requirement. The condition of probation was anger management and a three-thousand-dollar restitution payment.
RESULT: One CHARGE DROPPED, Other CHARGE, Continued with no Conviction (CWOF)

May 20^th 2019
FIRST OFFENSE OUI- Liquor or .08%
Negligent Operation of Motor Vehicle
Registration Suspended, Operation
Uninsured Motor Vehicle
Client was pleasant graduate student at a local college. Although studying locally she was not from the area and sought to move away from Massachusetts in the fairly near future. As a result, she was eager to bring this case to a predictable resolution. According to police, the client tapped a car and then went into a liquor store and purchased nips. The customer service at the liquor stated she was already intoxicated when she arrived at the store. When police arrived she was consuming the nips she had just bought. The police stated she failed the field sobriety test and also admitted to drinking since early morning. She also blew the Breathalyzer machine, which although not admissible evidence came in at three times the legal limit. In the end, Attorney Barabino clients wanted a deal and no trial and he negotiated all the charges dismissed with the exception of the OUI charge, which if she completes probation is dismissed. She was also granted a travel permit to go as she pleases to out of state obligations.
RESULT: ALL CHARGES DISMISSED, with Exception of OUI Charge, which will be DISMISSED, If client completes the standard OUI program. No other conditions of probation and can maintain travel permit to travel as desired.

May 14^th 2019
Assault and Battery on a Household Member
Abuse Prevention Order
Assault with a Dangerous Weapon
Client was a very pleasant hard-working alarm specialist. He was charged by police for violation of a restraining order, assault with a dangerous weapon and assault of a family member. According to police, client was driving down the road when his swerved towards his ex-girlfriend and smiled at her Eventually, the case was marked for trial. We confidently expected to show that it did not occur and that this was simply a pattern of the ex-girlfriend’s harassment, deception and jealously toward client. In addition, Attorney Barabino, and client worked together bring in five separate reputation witnesses in furtherance of the defense of the case. In the end, the accuser did not show up for trial and the case was dismissed.
RESULT: All Charges DISMISSED.

April 28^th 2019
Assault and Battery on a Household Member
Client was a hardworking truck driver that was alleged to have assaulted and battered his ex-girlfriend. According to the ex-girlfriend he got enraged and smashed a coffee pot while they were on their boat. It was alleged that after he smashed the coffee pot, he grabbed the complainant and then held her on the upper chest resulting in her inability to move or strike back. This testimony was challenged by Attorney Barabino on cross-examination. And after the Commonwealth rested their case, Attorney Barabino called his client to the stand. The client was relentlessly and competently cross examined by the District Attorney. In the end, the jury closely listened to all the admissible fact and rendered a verdict of Not-Guilty.
RESULT: NOT- GUILTY of Assault and Battery on a Household Member.

April 22^nd 2019
OUI- Liquor or .08%
Negligent Operation of Motor Vehicle
Speeding
Client was a very pleasant professional within the hospitality business. According to police, client was speeding when they decided to pull her over. When they did pull her over, they smelled alcohol and began a series of sobriety test. According to police she failed the test and they noted a series of other alcohol related indicators of intoxication. She was arrested and charged with speeding, OUI and negligent operation of a motor vehicle. After a consultation and a decision with Attorney Barabino, client decided the fastest way to get the license back and move on with her life was a plea. Based on that desire, Attorney Barabino began consulting with the District Attorney and was able to negotiate the result below. Also, the case was brought forward in court at a date earlier than scheduled so the client could begin the process of moving forward as soon as possible.
RESULT: Shortest Probation period by law shortestProbation period by law received on OUI, NOT RESPONSIBLE on the speeding ticket, Negligent Operation, DISMISSED.

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