Recent Cases

No Committed Time; Despite Government Request for Committed Jail Time. Negligent Operation Dismissed. 

July 15, 2025
OUI Second Offense;
Negligent Operation of a Motor Vehicle
Client, a retired physician, was charged with her second offense for operating under the influence of alcohol. A concerned bystander noticed her vehicle swerving on the road and called police. Shortly thereafter, officers located Client and conducted a roadside stop. During the stop, they observed signs of intoxication, including slurred speech, red eyes, and an unsteady balance. An alcoholic beverage was also found in her center console. Client agreed to take a breathalyzer test. The result showed a blood alcohol level nearly three times the legal limit. The test was deemed admissible. Based on standard policy for second offenses within ten years, the District Attorney requested a 90-day jail sentence. Attorney Barabino zealously argued on Client’s behalf, citing her long professional career, the time that had passed since her first offense, and her strong commitment to recovery. The judge agreed. Instead of jail time, Client was placed on probation, allowing her to continue treatment and remain in the community.
RESULT: No Committed Time; Despite Government Request for Committed Jail Time. Negligent Operation Dismissed.

RESULT: All Warrants Removed; No Custody; Remote Appearances Allowed; Favorable Resolution Expected

Warrants Removed in Numerous Courts Without Custody
June 25–26, 2025
Shoplifting by Concealing Merchandise; Larceny of a Motor Vehicle; Malicious Destruction; Possession of Burglarious InstrumentClient lived in Florida for more than thirty years. Aside from an early charge involving false identity, he led a stable, crime-free life. He moved south in an effort to begin a new chapter and leave behind influences that once led to trouble. But when he left Massachusetts, he had unresolved matters in four separate courts. These included drug trafficking offenses in one court, motor vehicle larceny and related offenses in two others, and assault on a police officer and shoplifting in a fourth. The goal was to prepare thoroughly, document his decades-long rehabilitation, and remove all outstanding defaults and warrants. That’s exactly what Attorney Barabino did. Client flew to Massachusetts and spent two full days with his attorney, appearing in court after court. All warrants were removed, and at no point was he taken into custody. There is a strong likelihood that each case will resolve favorably. Most importantly, he faced the system head-on, cleared his record of defaults, and walked away without spending a single day in jail. His future is bright.
RESULT: All Warrants Removed; No Custody; Remote Appearances Allowed; Favorable Resolution Expected

No Magistrate Complaint Issued; Original Case Dismissed on Court Costs; 

June 21, 2025
Shoplifting Over $250;
Shoplifting by Asportation
Multiple Incidents
A respected first responder suddenly found himself at the center of a serious legal matter. What began as a single shoplifting charge quickly unraveled into an investigation involving ten separate incidents. The stakes were high, but Client wasted no time after retaining Attorney Barabino. A compelling petition was submitted to the District Attorney’s Office. It outlined Client’s personal struggles, consistent work history, and the steps he had already taken to confront the root of the issue. While the first case was still pending, new allegations emerged. This time, they involved merchandise valued at over $250 across ten separate events. The situation escalated quickly. A magistrate’s hearing was held. After reviewing the full record, including medical documentation and evidence of ongoing treatment, the magistrate declined to issue the new charges. The original case was resolved with a $250 court cost and dismissed. Client kept his employment
RESULT: No Magistrate Complaint Issued; Original Case Dismissed on Court Costs;

No Immigration Consequences For Assault and Battery

June 20, 2025
Assault and Battery on a Police Officer;
Resisting Arrest
What began as a tense moment between family members ended with a devoted father facing criminal charges for the first time. When police arrived, a mix of heightened emotions and a language barrier led to brief physical contact with an officer. The result was a felony complaint for assault and battery on a police officer and resisting arrest. A conviction or even an admission to sufficient facts would have placed his immigration status at risk. Attorney Barabino acted quickly. He reviewed the footage, spoke with witnesses, and gathered key background details. A concise packet, including affidavits, was submitted to the District Attorney with a request to preserve the client’s presumption of innocence. The Commonwealth agreed. The case was continued for 180 days under pretrial probation, with no admission, no conditions, and no further court appearances. If Client is not arrested during that time, the charges will be dismissed in full.
RESULT: No Admission of Wrongdoing; Case to Be Dismissed After 180 Days; Immigration Status Protected

Leaving the Scene of Personal Injury

June 12, 2025
Leaving the Scene of Personal Injury;
Unlicensed Operation of a Motor Vehicle;
Marked Lanes Violation
An elderly man in declining health faced serious charges after striking a bicyclist nearly a year prior. The bicyclist briefly lost consciousness, was transported to Mass General Hospital, and fortunately made a full physical recovery. However, emotional healing took longer. On the day of trial, the Commonwealth extended a pretrial probation offer with no admission of wrongdoing. Client was required only to submit a letter of apology, which he had already done. After 90 days, the charge will be dismissed. The remaining civil infractions were resolved with findings of no responsibility.
RESULT: No Admission Of Wrongdoing; Case Dismissed After 90 Days; Civil Infractions Dismissed.

Magistrate Hearing, Representation of Spouse

June 3, 2025
Assault and Battery on Pregnant Person
Magistrate Hearing, Representation of Spouse
A young pregnant woman found herself at the center of a criminal complaint involving her husband. Although listed as the alleged victim, Client came forward to ensure her voice and perspective were meaningfully considered by the court. She met with Attorney Barabino to explain the nature of their relationship, the circumstances leading up to the incident, and the couple’s efforts to repair and rebuild. They spoke at length about the importance of moving forward as a family. Attorney Barabino assisted Client in drafting a detailed affidavit, capturing her impressions, personal history, and clear opposition to the complaint. That affidavit was submitted to assist the responsive and hardworking prosecutors and magistrates tasked with evaluating the matter. After careful review, no felony complaint issued, and Client and her family were able to move forward with stability.
RESULT: No Felony Complaint Issued; Case Closed

Self-Defense; Pretrial Probation

May 16, 2025
Self-Defense; Pretrial Probation
A retired commercial driver was pulled into legal trouble after stepping in to protect his mother during a volatile situation at her home. The dispute broke out involving the mother’s roommate, who, by all accounts, initiated the physical confrontation. Police arrested the roommate at the scene, but Client was later summoned to a clerk-magistrate hearing. At that hearing, Client appeared without counsel, and the charge was issued. Attorney Barabino then entered the case and filed a motion for judicial diversion. After reviewing the facts and considering the broader context, including the client’s otherwise clean record, his role in protecting his mother, and the circumstances of the incident, the court granted six months of pretrial probation. The only condition was compliance with an existing restraining order. The case was dismissed after 180 days. The client admitted no wrongdoing and retained the full presumption of innocence.
RESULT: Pretrial Probation; Case Dismissed in 6 Months.

Violation of Restraining Order

Violation of Restraining Order
May 2025
Restraining Order; Jurisdictional and Technical Challenges
A single mother working hard to support her child faced a new allegation of violating a restraining order, threatening her stability and future. Although she had a prior restraining order and one past violation on record, she had moved forward with her life, remained law-abiding, and had worked hard to rebuild stability for herself and her child. In this case, the stakes were significantly higher. A second violation could have disrupted parental custody of her young daughter, employment, and housing. Working quickly, Attorney Barabino gathered detailed background on Client’s history, the nature of the past relationship with the complainant, and the complex circumstances surrounding the current allegation. He also raised substantial jurisdictional and technical concerns that cast doubt on the foundation of the charge. After a thorough review, the Commonwealth opted not to issue the charge. The matter was closed, and Client avoided facing a second violation entirely.
RESULT: No Complaint Issued; No Charge Filed.

Improper Firearm Storage; High-Capacity Weapon

May 8, 2025
Improper Firearm Storage; High-Capacity Weapon
Client, an enthusiastic and respectful young man, was charged with improper storage of a firearm. He was a licensed gun owner and cooperative throughout the process. Police executed a search warrant at the home for another individual facing serious charges. Although that person was found on-site, officers also encountered Client and discovered several unsecured firearms: a shotgun behind the couch, a pistol in a kitchen cabinet, and an assault rifle in the bedroom. Client acknowledged the oversight and took full responsibility for the improper storage. Although initially charged with improper storage of a high-capacity weapon, the case was reduced to a misdemeanor. The Commonwealth requested a guilty finding with probation. However, Attorney Barabino advocated for a Continuance Without a Finding coupled with probation. The judge agreed, noting the client’s completion of a remedial firearm safety course, a step even the Commonwealth recognized as a sincere act of accountability.
RESULT: CWOF Granted; Case Dismissed After One Year of Probation.

FBI Investigation Closed; No Testimony or Charges.

May 7, 2025
FBI Investigation
Grand Jury Summons
Client, a reputable professional operating a well-regarded business, was surprised to receive an unexpected call from the FBI requesting a meeting. Believing he had done nothing wrong, he agreed to speak with agents and met with them without legal counsel. The agents stated they were simply seeking information. After the meeting, Client contacted Attorney Barabino for guidance. Attorney Barabino immediately engaged with the investigating agent, reviewed the relevant grand jury subpoena, and carefully examined the documentation outlining the scope of the FBI’s inquiry. Although the investigation did not allege any wrongdoing by Client, the government was seeking a particular piece of information tied to a broader, unrelated criminal matter. Attorney Barabino organized and submitted all relevant materials to the U.S. Attorney’s Office. After review, federal prosecutors confirmed that Client would not be required to testify before the grand jury. The investigation was formally closed.
RESULT: FBI Investigation Closed; No Testimony or Charges.