Recent Cases

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

May 5^th 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 his criminal record and eventually have the case be 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. Court issued client not responsible for civil infraction of Marked Lanes violation.
RESULT: 1^st Offense OUI, NO CRIMINAL CONVICTION, Civil Infraction, NOT RESPONSIBLE

April 28^th 2017
Unnatural and Lascivious Conduct
Client was an educated mother and grandmother victim of drug addiction. During that period of addiction, police saw her making a movement and behavior consistent with oral sex to a known Level III sex offender. That event was nearly two years ago, and she has been in warrant status since. To client’s credit, she did what the court could only hope for in those missing years. She got herself clean and off drugs, into rehabilitation, and fully reentering society. For those reasons, and her otherwise decent criminal record, Attorney Barabino was able to argue that the Commonwealth’s sentence of a felony conviction, 18 months of probation, and various rehabilitation programs were not the answer. At the conclusion of the plea, the court accepted a 60-day period where her case would be dismissed if she remained out of trouble with no conviction.
RESULT: DISMISSED, if defendant stays out of trouble for sixty days

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.