Recent Cases

January 10, 2013
Leaving the Scene of Personal Injury Chapter 90 Section 24
Client was a licensed electrician who was charged with leaving the scene of personal injury. According to police, client was exiting onto a roadway when he struck a jogger with his vehicle. After contact was made, the client undisputedly left the scene. The jogger was taken by ambulance to the hospital. At the magistrate hearing, Attorney Barabino was able to provide perspective to all involved, which included phone calls, potential witnesses, and maps of the area to aid his client's case. Based on all the information presented, it became clear that the client left the area, only briefly, and only due to the aggressive conduct of the jogger after being struck. In the end, no complaint was issued.
Result: Application for Complaint, DISMISSED.

December 20, 2012
Drug, Possession to Distribute Class D Chapter 94C Section 32C(a)
Client was a young man with no criminal record. According to police, client was in a motor vehicle when police approached and saw what they described as smoke emitting from the windows. The police searched and interviewed all the people in the vehicle. During the search of the vehicle, they discovered two scales used for weighing marijuana, and marijuana itself. The amount of marijuana combined with the scales and statements resulted in the arrest of the client and another. A Motion to Suppress was filed and testimony was elicited from the arresting officers as well as the parties charged with this crime. After a hearing, the court took the matter under advisement. At the next court date, the court issued its ruling, declaring that the police acted unconstitutionally and that the evidence should be thrown out as inadmissible. As a result, the charges were dismissed.
Result: Motion to Suppress, ALLOWED, CASE DISMISSED.

December 13, 2012
Leave Scene of Property Damage
Client was a hard-working music teacher and single dad. According to police, he was in a parking lot and accidentally hit another motor vehicle and purposely refused to stop. Client had no criminal history and an excellent driving record. The District Attorney’s main concern was that the other party be made whole and that they had no out-of-pocket expenses. Once that was confirmed, The prosecution simply dismissed the charge with a $200 court cost. Client was very pleased with the end result.
Result: Leaving the Scene of Property Damage, DISMISSED.

December 13, 2012
Yield at Intersection, Fail Chapter 89 Section 8
License Suspended, Operating Motor Vehicle with c90 §23
Leave Scene of Property Damage Chapter 90, Section 24 (2)(a)
Use of Motor Vehicle Without Authority Chapter 90, Section 24 (2)(a)
Client was a heavy machinery operator who was charged with multiple criminal and civil driving offenses. According to police, client drove into another vehicle and both motor vehicles were destroyed. Client had a suspended license for drinking and driving and had been charged prior to the incident in question. A guilty conviction after trial would have almost certainly meant jail time. The entire case hinged on an obvious identification flaw, and the Commonwealth admitted that flaw on the day of trial. As a result, they offered to dismiss nearly all the charges if the client would admit to a lenient penalty on one of the charges. Client stood fast and refused the generous offer. In the end, the Commonwealth simply dismissed the entire case.
Result: ALL CRIMINAL AND CIVIL CHARGES DISMISSED.

December 11, 2012
Unlawful Possession of a Firearm Chapter 269 Section 10(a)
Unlawful Possession of Ammunition Chapter 269 Section 10(h)
Carrying a Loaded Firearm Chapter 269 Section 10(n)
Habitual Offender Statute Chapter 279 Section 25
Client was a hard-working father and husband who had been standing on a sidewalk in Roxbury with several other men. Police arrived and searched all the people, including the client. After they searched the client, they discovered he possessed a loaded 9mm firearm in his waistband. Client was arrested and charged with the above charges and appointed a public defender. The public defender did a great job of obtaining a dismissal of the Habitual Offender Law, which had exposed the client to potentially significant prison time. However, after nearly a year of litigating the case, the client sought Attorney Barabino to represent him on the above firearms-related charges. Attorney Barabino conducted a thorough examination of the crime scene, called witnesses to testify, and asserted case law regarding search and seizure in an extensive memorandum of law. On the day a Motion to Suppress was filed, the Commonwealth filed a separate motion with the court to withdraw the case from prosecution. Case closed.
Result: Motion to Suppress, FILED. CASE DISMISSED.

December 3, 2012
Drug, Possession to Distribute Class D Chapter 94C Section 32C(a)
Client, a young man in high school, was charged with Distributing Marijuana. According to police, client was in a parking lot with another person, after hours, when police performed a well-being check. Once police arrived, they smelled the odor of pot and detected other suspicious behavior. Police made the defendant exit the vehicle and located several separate bags of pot in his pocket upon search, as well as nearly $500 in cash. The police arrested and charged the client, and Attorney Barabino began criminal representation with the client. An expert was hired with a specialty in drug distribution and several motions were filed to prepare for trial. Since it was expected that Attorney Barabino and the client would only accept a complete dismissal or a not guilty verdict, the case was litigated for nearly a year and a half. During one hearing, Attorney Barabino sought suppression of evidence and that request was allowed by the judge. With little expectation of success, the District Attorney simply dismissed the case. Attorney Barabino sought return of the client's so-called drug money, and the court agreed and allowed the motion to return his property.
Result: Motion to Suppress, ALLOWED, CASE DISMISSED.

November 28, 2012
Probation Violation/Surrender Chapter 279 Section 3
Client was a college-educated professional already on probation for drug-related offenses. During her period of probation, it was alleged that she flipped a motor vehicle and left the scene. The police investigating the incident came to the conclusion that she was probably the operator of the motor vehicle, despite her repeated assertions that she was not. Moreover, the police charged her with filing a false police report since they didn’t believe her statement that the car was stolen. As a result, a probation violation was found. At the final hearing, a joint agreement was made to extend probation by six months so that she could keep her CWOF—meaning no conviction.
Result: Probation Extended with NO JAIL TIME AND NO CONVICTION.

November 24, 2012
Unlicensed Operation of a Motor Vehicle Chapter 90 Section 10
Inspection Sticker Chapter 90 Section 20
Alcohol in Motor Vehicle, Possession Open Container Chapter 90 Section 24I
Client was an out-of-state resident who was driving in Massachusetts without a license. He was stopped by police and charged with various offenses. According to the police report, the client was stopped initially due to his lack of a Massachusetts license, a criminal offense. Once he was stopped, he was charged with other crimes. Attorney Barabino reviewed all the reports and ticketing information processed by police for this arrest. Upon a thorough review, he determined the tickets issued by police were not in compliance with required regulations. As a result of the police not following the proper requirements, he filed a Motion to Dismiss, along with a lengthy memorandum of law. The court held a hearing to listen to the legal arguments presented by Attorney Barabino, and at the conclusion of the hearing the judge allowed Attorney Barabino's Motion to Dismiss the three charges.
Result: Motion to Dismiss, ALLOWED. ALL THREE CHARGES DISMISSED.