Recent Cases

Probation Violation, NO DETENTION AND NO ADDITIONAL CONDITIONS

January 29th  2008
Probation Violation/Surrender 
Client, a young woman on probation with a history of drug problems, was required by probation not to be re-arrested. While hanging out at a hotel, she was with people who were accused of stealing a motor vehicle, and during the investigation she was found to possess drugs, in violation of her probation contract. The probation department brought her before a judge and requested that she be held in the Framingham State Prison until a further court date for final surrender (or sentencing). After negotiation was unsuccessful, Attorney Barabino persuaded the judge to allow her to walk out of court on her own, and was she was not detained. A few weeks later, she came to court to for the sentencing. Attorney Barabino entered into negotiations with the probation officials, and she was allowed to be re-probated with the same terms of her original probation contract.
RESULT: Probation with NO DETENTION AND NO ADDITIONAL CONDITIONS. 

Multiple Sex-Related Charges, NOT GUILTY ON ALL COUNTS

January 15th  2008
Indecent Assault and Battery on a child over 14 
Indecent Assault and Battery on a child over 14 
Lewd and Lascivious Acts 
Indecent Exposure
Client, a Texas native, was visiting Massachusetts and considering a long-term move to Salem, Massachusetts. He was also attempting to re-establish his relationship with his son whom he had lost contact with. The young son became jealous of his father's relationship and upcoming marriage. After a few short weeks in Massachusetts, the son made several accusations that the father had sexually assaulted and battered him and had forced him to engage in rituals of a sexual nature. The District Attorney made great efforts to secure a conviction, even going so far as to provide their witnesses with government-paid airfare, lodging, and so forth. After three days of trial before a jury, the result was not-guilty on all counts.
RESULT: NOT GUILTY ON ALL CHARGES.

Tagging, SHORTER PROBATION WITH DISMISSAL AT END OF PROBATION

January 14th  2008
Tagging
Client, a juvenile, was observed by police detectives spraying (or painting) a wall of a local establishment. Since the detective personally saw the young man spraying the paint and damaging the wall, it was clear that a deal had to be made between the Defense and the Prosecution. The prosecutor took into account several factors that Attorney Barabino informed them of, and both parties were able to negotiate a deal that allowed the young man to walk of out court with a straight probation. This deal allowed him to the leave court without having to return, as well as a dismissal on his juvenile record that would enter in six months time.
RESULT: SHORTER PROBATION WITH DISMISSAL at End of Probation

Dangerous Weapon Assault

January 3rd  2008
Assault with a Dangerous Weapon 
Client, a young business manager, was operating her business shop and had felt accosted by a customer. Moreover, police charged her with Assault with a Dangerous Weapon after she allegedly raised a large brownie cutter to the customer in a threatening manner. Client had also come to Attorney Barabino with no previous criminal record and denied the charges from the beginning. Attorney Barabino began a lengthy investigation of every defense and put forward a significant amount of evidence in defense of client in preparation for a trial. After answering ready for trial, the Commonwealth finally dismissed the case.
RESULT: CASE DISMISSED

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