Recent Cases

July 18^th 2017
Assault and Battery on a Family Member
Client and his girlfriend were arguing in early morning hours in the street. Police were called and interviewed both parties. Girlfriend said she was punched in the face, but soon after denied it, and was consistent in her statement. At the time of trial, couple had since broken up. Despite that breakup, she again came to court and said a lie is a lie, that she would not say he did it, ever—because he did not, she claimed. The District Attorney dismissed the case.
RESULT: BOTH CHARGES DISMISSED AT TRIAL.

July 7^th 2017
2nd OFFENSE OUI- Liquor or .08%
Miscellaneous Municipal Ordinance 14-1
Open Container
Negligent Operation of Motor Vehicle
Probation Violation/Surrender
Hardworking mother was on probation for operating under the influence when she was charged again for the same offense. Probation violation triggered. Attorney Barabino and client rapidly addressed the probation violation at one court and received an agreement with Commonwealth that she add the SCRAMM alcohol monitor to her probation for the first case. The second case (new offense), placed on a disposition date (today), on which an agreement was made where the client would receive no jail time on the OUI charge and would agree instead to attend a two-week impatient program, the negligent operation charge dismissed, the highway wrong-way charge "not responsible", and open container of alcohol not responsible.
RESULT: NO JAIL TIME ON SECOND OFFENSE OUI, NEGLIGENT OPERATION DISMISSED, HIGHWAY VIOLATION AND OPEN CONTAINER VIOLATION NOT RESPONSIBLE.

June 15^th 2017
Aggravated Rape of Child, By Force
Aggravated Rape of Child, By Force
Aggravated Rape of Child, By Force
Aggravated Rape of Child, By Force
Indecent Assault & Battery Under 14
Indecent Assault & Battery Under 14
Indecent Assault & Battery Under 14
Indecent Assault & Battery Under 14
Hardworking father and veteran did the unthinkable--he sexually abused his daughter. Recognizing his crime, client honorably presented himself to the local police department to ask that he be held accountable. He was not under investigation, suspicion or in warrant status when he did so. The result was several indictment(s) which carry, in some instances, life sentences. This District Attorney assigned the case had recently requested life sentences for like situations (after trial). Attorney Barabino worked with all involved and, in the end, negotiated a sentence which was 10-12 years in prison and some probation afterward. This will allow defendant to be possibly released in the minimum time allowed by law for an aggravated rape offense, which is ten years. This was devastating for all involved—fortunately the victim is doing very well (but the effects of abuse can take years to show up). No more than mandatory minimum sentence of 10-12 years in state prison, with brief probation term after release.
RESULT: DEFENDANT ELIGIBLE FOR RELEASE AT MINIMUM MANDATORY DATE.

June 9^th 2017
Lawrence District Court
Assault with a Dangerous Weapon
Client was a hard-working, self-employed IT consultant who was accused of spray painting political signs. The case was widely publicized and the accusation was that client was painting the signs during the early hours of the morning. Moreover, it was alleged that client tried to run over accuser, who spotted the client engaging in the spray painting, when she attempted to flee. While the client admitted to spray painting the signs, the part about running over the client was not true. A deal was attempted, to which the client would admit to the sign painting and complete fifty hours of community service and stay out of trouble for one year. However, the accusation of attempting to run over the accuser went to trial. Attorney Barabino presented reputation witnesses and others to build the defense. In the end, the court delivered a verdict of not guilty of assault with a dangerous weapon.
RESULT: NOT GUILTY OF ASSAULT WITH A DANGEROUS WEAPON.

June 2^nd 2017
OUI –Drugs Serious Bodily Injury 2^nd Offense
Failure to Stop for Police
Negligent Operation of Motor Vehicle
Client, a retired teacher, was reported to police to be having some type of medical emergency and acting irrationally. Client drove off, driving erratically on opposite lanes of travel and reaching speeds of over ninety miles an hour. With police in hot pursuit, client hit a telephone poll, split it in half, while the car flipped over and burst into flames. Fortunately, police were at the scene to extinguish the flames, and rescue client. She was charged for OUI-drugs, failure to stop for police, and negligent operation of a motor vehicle. Attorney Barabino entered a plea on negligent operation, for which a disposition would take place in the future. The two other charges went to trial. A verdict of not guilty was returned on both the OUI-drugs second offense and failure to stop for police. There were challenges in the Commonwealths case and in the end, client was grateful for the efforts of all involved, including the police, who charged him. Another charge of serious bodily injury was reduced at a clerk magistrate hearing prior to arraignment.
RESULT: OUI-drugs, second offense, NOT GUILTY, failure to stop for police, NOT GUILTY.

May 25^th 2017
Unlicensed Operation of MV
Client was unable to obtain a license and was cited for (4^th Offense) driving without a license. Given his background, history and surrounding circumstances, he was given a dismissal with the agreement that client pay two hundred dollar penalty.
RESULT: OPERATING UNLICENSED, DISMISSED ON COURT COST.

May 24^th 2017
Leave Scene of Property Damage
Client was operating her vehicle in Medford when she hit another vehicle and left the scene. Attorney Barabino consulted with all parties, and in the end, state police was satisfied that no charges should issue as long as insurance covered the damage. Insurance agreed to cover the damage. No Charges Filed.
RESULT: Leaving the Scene of Property Damage, NO CHARGES FILED.

May 17^th 2017
Probation Violation/Surrender
Client was given a suspended on and after jail sentence with on and after time. Client had one year of jail time that he was required to serve if he violated probation terms. He did in fact violate those probation terms as he did not show up and used drugs during his probation. After some time in warrant status, he turned himself in and Attorney Barabino represented him at the final hearing where he was not sentenced to his jail term, but terminated and discharged and allowed to go home.
RESULT: Probation Surrender and Suspended Jail Sentence, TERMINATED AND DISCHARGED, Client Released from Custody, NO JAIL TIME