Recent Cases

April 21^th 2017
Probation Violation/Surrender
A construction professional was on probation and charged with a new crime. The new crime triggered a violation of his probation. Attorney Barabino and client got new charge dismissed. The result was that the probation officer withdrew her request for a violation. At that same hearing, Attorney Barabino petitioned the judge to terminate his entire probation early and enter a dismissal. The judge, after a hearing, agreed, and the probation was terminated early and with no violation.
RESULT: PROBATION TERMINATED EARLY.

April 20^th 2017
Evading Taxi Fare
A Boston University Student was charged with evading a taxi fare. In this case, the fare was particularly large amount of nearly five hundred dollars. The police believed in good faith that the defendant intentionally evaded the fare, and brought a complaint before a clerk magistrate. Attorney Barabino reached out to all involved, got the fare payed, and at the hearing, client was found not responsible. Case dismissed.
RESULT: CASE DISMISSED.

April 14^th 2017
Assault Chapter
Threats to Commit Murder
Assault and Battery
Strangulation or Suffocation
Client had been previously convicted of seriously abusing his girlfriend many decades ago. Now, once again, she accused him of the same crime. Client denied those new accusations, but also realized that based on his past conduct and the credible nature of the evidence, that a plea was preferable since it would mitigate the otherwise harsh sentence that the judge has proposed. However ultimately, the case went to trial. Client was convicted of all counts except threats to commit murder, for which he was found not guilty.
RESULT: Threat to Murder, NOT GUILTY.

April 11^th 2017
Assault and Battery Chapter
Malicious Destruction of Property
Client was charged with malicious destruction of property under $250.00 and assault and battery on his girlfriend. In the early morning hours, police were called and an allegation was made of client punching a wall and, according to the accuser, also throwing a bottle at her, causing a mark (which was photographed). The case went to trial. At the day of trial, Attorney Barabino secured a very favorable deal, providing the defendant with no admission for any wronging or any probation or conditions.
RESULT: GENERALLY CONTINUED WITH NO ADMISSION OF WRONGDOING, & SECOND CHARGE DISMISSED ON $100 PENALTY

April 10^th 2017
Leave Scene of Property Damage
Leave Scene of Property Damage
Unlicensed Operation of a Motor Vehicle
Client was working two full time jobs when he got into two separate car accidents. He did not remain on the scene, leaving for various reasons when he should not have. Fortunately, with adequate preparation time, client and Attorney Barabino were able to gather weather data for the date of the accident from the federal government, as well as work with the insurance companies to allow verification of the payment for damage. From this information, Attorney Barabino built a case with mitigation factors in place. A hearing was held and a decision was made that no probable cause issue—and the case did not proceed.
RESULT: NO PROBABLE CAUSE. CASE DOES NOT ISSUE.

April 6^th 2017
Annoying and Accosting
Client made unacceptable and criminal statements. A substantive review of the client’s background revealed a history of participation in intense remedial programs, placing the client in an excellent position. These factors allowed the client to be reviewed for a probable cause/clerk magistrate hearing. New remedial efforts and an agreement to continue monitoring without court intervention agreed to.
RESULT: NO COMPLAINT ISSUED.

April 3^rd 2017
Assault and Battery
Client was hard working contractor. He was charged with assaulting and battering his houseguest. Charges were filed against both parties as even the police believed “mutual combat” had taken place. In the end, prior to starting the trial, the accuser failed to appear—resulting in a dismissal of the charge. Case dismissed.
RESULT: CHARGE DISMISSED AT DAY OF TRIAL.

March 28^th 2017
Assault and Battery
Assault and Battery
Strangulation or Suffocation
Client was a hardworking federal employee. He was charged with Strangulation of his ex-girlfriend, Assault and Battery on his Girlfriend, and Assault and Battery on another involved in the incident in question. It was alleged that he was angry at his ex-girlfriend after discovering text messages from her former spouse on her phone. It was alleged that he came into her bedroom, pushed her friend into a dresser, and then proceeded to choke ex-girlfriend for nearly a minute. The district attorney applied for and received a Dangerous Hearing. Based on facts of the case, it was determined that client was too dangerous to be released into society. Attorney Barabino appealed that ruling and was successful. Client was then released pending trial. At trial, the jury ruled him not guilty of all the charges.
RESULT: 58A DANGEROUS HEARING OVERTURNED, Client released Pending Trial, NOT GUILTY OF ALL CHARGES.