Recent Cases

May 16^th 2013
Firearm Carrying with Ammunition
Drug, Possession to Distribute
Client was a high school student who was being watched by the Lynn Gang Task Force. According the police, they saw client speaking with a high-ranking gang member who himself had been convicted of gun charges. Moments later, they arrested client with a Loaded .380 Handgun in his pocket and seventeen ecstasy pills. He was charged with a number of offenses, including possession of a loaded firearm and drug distribution. Initially, the young man was charged as a juvenile, but soon after those charges were dismissed and he was recharged under the Youthful Offender Law. Under the Youthful Offender Law, he could be sentenced to state prison. Client was released from custody after posting a substantial bail. After nearly three years of various hearings, motions, and challenges to the evidence, the case moved closer to trial. Attorney Barabino suppressed one piece of evidence, which prevented the Commonwealth from using the Defendant's statement that he was a member of the “CRIPS”. Once that was decided, a trial date was scheduled. At the trial date, all the Commonwealth's experts and the defense experts appeared as well as other witnesses. However, moments prior to the jury being selected, a deal was made that allowed client not to serve any jail time. Defendant was placed on a suspended sentence with no jail time served. The drugs had been excluded by agreement as they had been tainted by the “Dookham drug scandal”, so the drug charge was dismissed.
RESULT: After 1st Trial, Motion to Suppress, ALLOWED. NO JAIL TIME. Drug Distribution, DISMISSED.

May 8^th 2013
Malicious Destruction of Property Chapter
Malicious Destruction of Property Chapter
Client, a junior in high school, faced two potential complaints of Malicious Destruction of Property Over $250.00. The police alleged that client became angry and upset about being blamed for something he was not involved in. When client became angry, it was alleged that he went to a young woman’s home and threw large rocks at the home, damaging the foundation. Moreover, it was alleged that he damaged the motor vehicle at that same home, with a cost of over $250.00. Both charges are felonies. Today, at the clerk's hearing, Attorney Barabino persuaded the assistant clerk magistrate, with the assent of cooperative, professional, and understanding law enforcement, to hold the complaint open for ninety days. As long as client performed restitution, the case would be dismissed without ever appearing on client's criminal record.
RESULT: Application for Complaint, DISMISSED.

April 29th 2013
Motion to Seal Record Chapter
Attorney Barabino persuaded the judge to seal all records of this case. As a matter of law, client may now truthfully answer on any job application that he has never been arrested for, or charged with, any crime.
RESULT: Petition to Seal, ALLOWED.

April 22^nd 2013
Leave Scene of Property Damage Chapter 90, Section 24 (2)(a)
Client was a hard working professional with no prior criminal record. According to police, they received a report that client had hit another person with a vehicle and left the scene. Client had no recollection of making any contact with any other vehicle. In fact, his recollection was an out of control woman yelling at him while he was parked at a stoplight, which he ignored. Prior to the Defendant’s arraignment, Attorney Barabino filed a Motion to Dismiss with a memorandum of law. This motion was allowed and the matter was remanded back to a Clerk Magistrate’s Hearing at a later date. At the Magistrate’s Hearing, the Magistrate grilled the Defendant and sought yet an additional date to continue the hearing. At the second date, the state police and Clerk Magistrate both took notice of the Defendant’s lack of criminal history, the statements of the parties, and the insurance information declaring the woman was paid back all her out of pocket cost. The case was dismissed as a result. No record of the incident will appear on the client's record, anywhere.
RESULT: No Criminal Complaint Issues at Clerk Magistrate Hearing, CASE DISMISSED.

April 8th 2013
Motion to Seal Record Chapter 276 Section 100(c)
Attorney Barabino succeeded in persuading a judge to dismiss Assault and Battery charges against a prominent and well-respected doctor some time ago. Client again rehired Attorney Barabino to petition the court to seal the matter. Today, Attorney Barabino persuaded the judge to seal all records of this case. As a matter of law, client may now truthfully answer on any job application that he has never been arrested for, or charged with, any crime.
RESULT: Petition to Seal, ALLOWED.

April 2^nd 2013
Leave Scene of Property Damage Chapter 90, Section 24 (2)(a)
Client was a father and hardworking employee of the US Postal Service. According to police, he drove his vehicle in an erratic manner causing an accident. After the accident, they alleged that Defendant drove away without giving his information to the other driver as required by law. After consultation and review Attorney Barabino and client sought a trial date with the expectation that a not guilty verdict would be the result. However, when the accuser failed to show up for trial, Attorney Barabino simply requested that the matter be dismissed, to which the judge agreed. Case Dismissed.
RESULT: Leaving the Scene of Property Damage, DISMISSED.

March 29^th 2013
Leave Scene of Property Damage Chapter 90, Section 24 (2)(a)
2nd OFFENSE OUI- Liquor or .08% Chapter 90 Section 24(1) (a) (1)
According to police, client had rammed into a vehicle and left the scene of the accident. Police responded to the scene and immediately noticed, while on patrol, that the client's vehicle had damage similar that that which would be described. When police pulled the vehicle over they noticed paint matched the vehicle that was hit. They also noticed paint on the other vehicle and noticed that it matched as well. The police spoke to client and stated that his speech was slurred; he had to hold on to the side of the truck for balance; his eyes were bloodshot and glassy; his breath smelt like booze; and he was unsteady on his feet. Moreover, the client had Budweiser cans opened and unopened, strewn throughout the vehicle. Client simply wanted to gain his license back, but the District Attorney of Essex County sought jail time instead. The Commonwealth presented five separate witnesses. At sentencing, the DA requested this hard working single father be sent to prison for two years suspended and serve a full year committed in jail. In the end, the judge agreed with Attorney Barabino and denied the Commonwealth request. Judge simply placed the Defendant on probation with a brief 14 day-impatient program. All the civil violation were found not responsible and the verdict on the Leaving the Scene was a clear and resounding "not guilty".
RESULT: Leaving the Scene of Property Damage, NOT GUILTY AFTER TRIAL, All Civil Violations found NOT RESPONSIBLE. NO JAIL FOR OUI CHARGE

March 20^th 2013
Possession of Class “A” Heroin Chapter 94C Section 34
Client was a very pleasant young woman from a great family. However, unknown to her family she had developed an addiction to heroin—a very powerful one for that matter. Attorney Barabino filed a rather obscure and rarely used IIIE statute. Under IIIE, if the Defendant acknowledges their addiction, enters and completes rehabilitation, the charge against them will be dropped. The court allowed the motion to be filed nearly a year ago and after one year of negative drug screens provided to the court, the case against the client was dismissed.
RESULT: Motion to Dismiss, ALLOWED, CASE DISMISSED.