Recent Cases

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 the client was painting the signs during the early hours of the morning. Moreover, it was alleged that 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, 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 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 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 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^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.
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

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^st 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.