Recent Cases

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

July 14^th 2016
Unlicensed Operation of a Motor Vehicle
RMV Signature, Forge, Misuse Section
Speeding in Violation of Special Regulation
Client was a chief who was charged with driving on a false license, doing so illegally, and speeding. He was an otherwise reputable member of the community. Charges were negotiated and resolved in just two court appearances. Client paid court fee at conclusion of matter in court and no record for an employer or immigration.
RESULT: Charge of Unlicensed Operation & Speeding, DISMISSED, NO FINE. Forging RMV signature, DISMISSED on $250.00.

July 12^th 2016
Assault and Battery
Client was a hard working electrician accused by family member of assault and battery. The family member was relentless in her pursuit, alleging long term abuse. In this event she alleged that long term abuse by an alcohol abusing family member resulted in a bruise on her leg and PTSD. After intensive discovery pursuits of relevant materials, the case was scheduled for trial. On the day of trial, a last minute deal was struck whereby the defendant was to admit to “sufficient facts” for the charge and agree to be on probation for a period of a year. He would also complete and anger management program and alcohol screens—only if an independent evaluator determines he has a problem with alcohol. Otherwise, if the conditions are met, after one year of time, his case will be terminated with a dismissal.
RESULT: Assault and Battery, CONDITIONAL PROBATION WITHOUT GUILT.

July 7^th 2016
Deface Property
Client was a hard-working rug maker who had recently suffered immense hardships. Those hardships culminated in him developing a severe alcohol problem. After he drank one time, he took out his aggression on a neighbors’ vehicle, breaking the glass. His legal concerns included penalties, immigration consequences, and a criminal record. After a few court dates, an investigation, and consultation with the very responsive district attorney office, an agreement was made to allow the case to be dismissed, as long as any out of pocket cost were paid.
RESULT: Deface Property, DISMISSED, In three months, NO ADMISSION TO WRONGDOING.