Recent Cases

November 29^th 2016
2nd OFFENSE OUI- Liquor or .08%
Open Container
Client was a federal employee who was charged with a Second Offense OUI. He was alleged to have driven over some lawns and subsequently have failed a sobriety test. He also had an open bottle of vodka. His breath test was almost four times the legal limit. Client entered detox, voluntarily, prior to entering plea before the court. At the client's court hearing the Commonwealth asked for a jail sentence with a mandatory two-week impatient program. They also sought a two-year loss of license. After a plea hearing, the judge sided with Attorney Barabino and granted the client a first offense plea, despite being his second offense.
RESULT: First Offense OUI, CONTINUED WITHOUT A FINDING (CWOF), Plea for Second Offense OUI, OPEN CONTAINER NOT-RESPONSIBLE.

November 2nd 2016
Drug, Possession to Distribute Class D
Drug Violation Near School/Park
Client was a young man in high school who was charged with distribution of marijuana in a school zone. After an investigation and digestion of the discovery and facts, a motion to dismiss was filed. The motion detailed the facts, the law, and argued how the case should be dismissed. The lengthy memorandum was filed and discussions with District Attorney additionally held. In the end, the hard working and professional district attorney agreed to simply dismiss the charges. All charges dismissed.
RESULT: Motion to Dismiss, FILED, CASE DISMISSED.

October 28th 2016
Shoplifting by Asportation
Client was a young man who stole and was caught doing so. He admitted to doing what he did, but felt embarrassed and apologetic. Fortunately, he was given a clerk magistrate hearing. He hired Attorney Barabino, who took him to the hearing and acknowledged his wrongdoing and asked for consideration. The police and court determined that based on various factors that they would not issue the charges. No complaint to issue. Never appears on a record.
RESULT: NO COMPLAINT TO ISSUE

October 7^th 2016
Drug, Possession to Distribute
Drug, Possession to Distribute
Client was caught with a significant amount of Percocet, Suboxone and Cocaine. In addition, he was found with over $1000 in cash hidden away in a secret stash. After various motions were litigated and experts consulted, a last minute plea agreement was made where client would be on probation for 18 months with no jail time, and have no probation obligations such as drug testing or outpatient treatment. Client needed this outcome as he has a young child and employment obligations which would have conflicted with any other, more stringent requirements like jail time. Moreover, client had been convicted of distribution on prior occasions.
RESULT: Administrative Probation, NO CONDITIONS OR OBLIGATIONS AND NO DRUG TESTING

October 5^th 2016
Rape of Child, Force
Client was living out of state when he found out that he was being investigated for rape allegations. The allegations were from nearly two decades ago. The victim was related to him, and there were various family dynamics that caused the case to re-surface. In the end, no-charges filed.
RESULT: NO CHARGES FILED.

October 3^rd 2016
Shoplifting by Asportation
Client took items that did not belong to her. To summarize, the acts that she committed were sufficient for a charge and conviction of shoplifting. However, the clerk magistrate hearing process in Massachusetts allows for representation by an attorney at the hearing. In this case, Attorney Barabino was selected. He went to the scene of the incident, conducted a detailed review with client on her background, and had a discussion with the storeowner. After the hearing—no issue processed. Client free to leave with no evidence of any charge ever being filed. No Charges Issue.
RESULT: NO COMPLAINT TO ISSUE

August 18^th 2016
Attempted Murder
Stalking
Intimidation of a Witness
Assault with a Dangerous Weapon
Assault and Battery
Assault and Battery
Assault and Battery
Client was a young man who was indicted on the above charges. The case involved a variety of legal issues and challenges to prepare the case for trial, which occurred over a two-year period. In addition to various discoveries, Attorney Barabino had physician expert on standby ready to testify for the defense. After four days of trial, the jury returned verdict of not guilty on all counts, with the exception of two misdemeanors.
RESULT: Jury Verdict: NOT-GUILTY OF ATTEMPTED MURDER, STALKING, INTIMIDATION OF A WITNESS, ASSAULT AND BATTERY AND ASSAULT WITH A DANGEROUS WEAPON.

July 21^st 2016
Sex Offender Registry Board
Client was an older gentleman who was successful in every aspect of his life. However, abuse of alcohol led him to act on sexual impulses. He was represented by another counsel at a plea in Superior Court for sexual abuse. Shortly after his plea, he was instructed to register as a LEVEL II offender. Attorney Barabino and client sought to challenge the LEVEL II designation. After thorough preparation and review, a hearing was scheduled. At the hearing, Attorney Barabino and client made their case to the SORB official. After months of waiting on the final decision, the SORB reclassified client to LEVEL I, which allows him to avoid public dissemination of his status.
RESULT: SORB sex offender level reduced from LEVEL II TO LEVEL I