Recent Cases

July 7, 2017
2nd OFFENSE OUI- Liquor or .08%
Miscellaneous Municipal Ordinance 14-1
Open Container
Negligent Operation of Motor Vehicle
Probation Violation/Surrender
A hard-working mother was on probation for operating under the influence when she was charged again with the same offense. A probation violation was triggered. Attorney Barabino and client rapidly addressed the probation violation at one court and received an agreement with the Commonwealth that she add the SCRAM alcohol monitor to her probation for the first case. The second case (new offense) was 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 inpatient 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, 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
A hard-working 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 or suspicion, or in warrant status when he did so. The result was several indictments which carry, in some instances, life sentences. The District Attorney assigned to 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 the 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 the 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, 2017
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 the client was painting the signs during the early hours of the morning. Moreover, it was alleged that the client tried to run over the 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 accuser was not true. A deal was attempted under 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, 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 in opposite lanes of travel and reaching speeds of over ninety miles an hour. With police in hot pursuit, client hit a telephone pole, 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 the client. She was charged with 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 Commonwealth's case and in the end, client was grateful for the efforts of all involved, including the police, who charged her. 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, 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 a two-hundred-dollar penalty.
Result: OPERATING UNLICENSED, DISMISSED ON COURT COSTS.

May 24, 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 were satisfied that no charges should issue as long as insurance covered the damage. Insurance agreed to cover the damage.
Result: Leaving the Scene of Property Damage, NO CHARGES FILED.

May 17, 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 was 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

May 5, 2017
1^st OFFENSE OUI- Liquor or .08%
Marked Lanes Violation
Client was a successful biotech executive. After leaving work late one night, he got into a one-car accident involving fire department property. At a plea hearing, the District Attorney sought that the accused be found guilty of an OUI offense, based on the severity of the crash. Attorney Barabino argued for a different outcome, which would preserve a clean criminal record and eventually have the case dismissed. At the conclusion of the hearing, the court sided with Attorney Barabino and client began the process for obtaining his hardship license and moving on from his mistake. Attorney Barabino will continue to monitor any restitution owed for the damaged city property. The court found the client not responsible for the civil infraction of marked lanes violation.
Result: 1^st Offense OUI, NO CRIMINAL CONVICTION, Civil Infraction, NOT RESPONSIBLE