Recent Cases

September 26th 2018
Assault and Battery
Client, a young hard-working builder was accused by his girlfriend of assault and battery. The charges were weak and a product of her serious mental illness. Although serious mental illness doesn't mean your allegations are untrue, it can cause people to act irrationally and aggressive and this was one such case. She jumped on his bed while sleeping and threatened to break his television. And he simply refused to engage her hysterics. However, when police came to the house they saw her in bare feet and arrested him, as they assumed, according to the report, that given that she was in bare feet in 35 degree weather and the statements that client was likely the aggressor and he was charged. Attorney Barabino and client confidently requested a trial date and at the trial she did not appear so the case was DISMISSED.
RESULT: CHARGE DISMISSED on DAY OF TRIAL.

September 18^th 2018
Class B Drug Possession
Child 8-12 Or Over 57 Inches Without Seat Belt
Child Under 8 Years And Under 58 Inches Without Carseat
Client, a young mother of four, was driving when her vehicle was stopped by police for suspicious activity. Police investigated vehicle and searched her person, ultimately finding contraband. Part of the contraband included one Percocet pill, without a valid prescription. Client was ultimately charged with Class B Drug Possession and two minor civil offenses. While the Commonwealth gave reasonable alternatives to avoid trial, Attorney Barabino and Client decided it would be in the best interest of Client to proceed with a jury trial instead. At trial, the state chemist was unavailable, so the case was consequently dismissed. Civil charges found "not responsible".
RESULT: Civil Charges, NOT RESPONSIBLE, CASE DISMISSED at Jury Trial

September 13th 2018
Indecent Assault & Battery Under 14
Indecent Assault & Battery Under 14
Client was long-time senior government manager for the Commonwealth of Massachusetts. Highly publicized accusations cost him nearly everything, with even the Governor of Massachusetts making his position on case known to the media. This was the second round of accusations against client of these charges. After three days of trial, 14 witnesses, exhibits, computer evidence, testimony, and the defendant taking the stand in his defense, client received a verdict of "not guilty" on both counts.
RESULT: Both Counts, NOT GUILTY.

September 7^th 2018
Operating Under the Influence of Drugs
Possession of Class E Drugs
Possession of Class B Drugs
Client, a truck driver by profession and a father of two, was charged with the above three drug-related criminal offenses. According to police and several witnesses, client was found in a parking lot one evening clearly under the influence of some unknown drug. Attorney Barabino litigated the case for over a year, gathering five expert witnesses and compiling medical records, video tapes, and other scientific evidence to aid client's defense. Attorney Barabino was also able to successfully challenge several statements made against client as well as a urine analysis taken by police upon client's arrest. In the end, the Commonwealth admitted to having insufficient evidence continue with its prosecution. All charges were subsequently dismissed.
RESULT: MOTION TO SUPPRESS, ALLOWED, ALL CHARGES DISMISSED

September 6^th 2018
Larceny Under $1200
Client, a pleasant young man from a good family, was charged with larceny when he was caught taking money over a period of time from his cash register at the supermarket he worked at. Unfortunately for the Defense, the evidence was strong that he in fact committed the alleged crime. Fortunately, thanks to the negotiation skills of Attorney Barabino and the cooperation of client, an agreement was reached with the Commonwealth that no charges would be filed, upon restitution of the stolen funds and a letter of apology from client.
RESULT: NO CHARGES FILED, upon restitution and apology

September 5th 2018
License Suspension, Subsequent Offense
Client, a father of three, was charged with operating a motor vehicle on a suspended license, a subsequent offense. Client alleged that he did not know he was operating on a suspended license when he was arrested by police. While the Registry of Motor Vehicles claimed it sent client formal notice of the suspension, client stated that he did not receive such notice. The case went to trial. At trial the Commonwealth conceded that it could not prove the subsequent offense portion of the crime charged against Defendant. In the end, the case was dismissed upon payment by Defendant of $500.
RESULT: CASE DISMISSED, upon payment of $500

August 30^th 2018
Negligent Operation of a Motor Vehicle
Speeding
Marked Lanes Violation
Failure to Stop
Client, a bank professional with no prior criminal record, was charged with the above criminal offenses. According to police, he was driving at speeds well over 100 miles per hour and failed to stop his vehicle when officers insisted that he do so. Attorney Barabino was hired, and at a Clerk Magistrate's hearing, Defendant himself testified and provided evidence to mitigate the circumstances of the incident in question. Defendant testified as to his clean criminal record, his clean Registry of Motor Vehicles (RMV) record, and his genuine remorse over what happened. As a result, no probable cause was found for the criminal violations and Defendant agreed to pay $400.
RESULT: NO PROBABLE CAUSE FOR CRIMINAL VIOLATIONS, Defendant pays $400.

August 29th 2018
Assault and Battery with a Dangerous Weapon
Malicious Destruction of Property
Client was a respected business owner who, according to police, threw an object at a car causing permanent damage to the vehicle. After the incident, words were exchanged between client and accuser (owner of the vehicle). When police arrived, accuser cooperated with their investigation into the matter, and Defendant was subsequently charged with two felony counts of Assault and Battery with a Dangerous Weapon and Malicious Destruction of Property. Attorney Barabino was hired by client and gathered witnesses, photos, and others items and exhibits to offer an alternative explanation as to what happened for the Clerk's consideration. In the end, an agreement was reached by all parties involved that client would pay the amount of damage caused to the car in exchange for a resolution of the case.
RESULT: NO APPLICATION FOR COMPLAINT TO ISSUE