Recent Cases

August 3^rd 2011
Lawrence District Court
BB Gun/Air Rifle Discharge
Malicious Destruction of Property
Probation Violation/Surrender
Client sought to enlist in the Marine Corps, but he had other battles that he had to fight at home. One such battle was being found with a loaded BB-Pistol, around 4:30 in the morning, and just moments after some unidentified person was seen shooting a BB Gun into a nearby home. The homeowner was woken up by the BB’s hitting and breaking the windowpane and became alarmed for several reasons: including that the homeowner's baby was sleeping by her side. After seeing the individual shooting at their window 911 was called, which happened to be when client was walking home from a party. An arrest was made and charges brought. Client was held on Probation Detainer and the Probation Department was seeking committed time. Then Attorney Barabino took over and the probation matter ended with no conviction and no committed sentence. As far as the initial charges, Attorney Barabino placed the case on for a motion to suppress the evidence---but it was not needed. The District Attorney agreed to dismiss the felony charge and place the Defendant on probation, unsupervised for six months. Semper Fidelis.
RESULT: NO CONVICTION ON PROBATION MATTER, New Case Has Felony Charge DISMISSED. ADMINISTRATIVE PROBATION WITH NO CONVICTIONS.

July 19^th 2011
Breaking and Entering with Intent to Commit a Misdemeanor
Client was eager to apply for his US Citizenship and didn’t need a reckless indiscretion holding him back. Since there are some charges that can impede an application for admission to US Citizenship, Defense knew that if any deal would be made it would have to be when the jury was sworn in and the District Attorney had all their witnesses. The day of trial came---and the District Attorney had their witnesses and then some. The facts were even worse than anticipated. Fresh footprints in the snow leading into the building where client was found went in one direction (into the locked room). Moments prior to trial, Attorney Barabino negotiated a straight dismissal of the Breaking and Entering charge and disposition of the trespassing charge that didn’t include a conviction—a win for citizenship application. One co-defendant wasn’t so lucky—she opted to challenge, and a charge and a verdict of guilty entered for her. Attorney Barabino's client however left court with no conviction.
RESULT: NO IMMIGRATION CONSEQUENCES, NO CONVICTION.

June 24^th 2011
Drug, Obtain by Fraud
Conspiracy to Violate Drug Law
Probation Violation/Surrender
Client was on probation and the probation agreement included a suspended sentence. A suspended sentence is a sentence to jail but not imposed unless the person is charged with a new crime. In this case, client did commit a new crime. His new crime included a prescription-writing scheme in which he falsified a prescription so he could obtain a narcotic based prescription. He did so and was videotaped picking up the drugs. Attorney Barabino negotiated with Probation and provided detailed, supporting documentation allowing for an agreement with probation that would allow for client not to have his sentence imposed. Client appeared with Attorney Barabino before the judge. Probation but no jail sentence was imposed on both cases.
RESULT: Suspended Sentence, NOT IMPOSED. NO JAIL TIME ON EITHER CASE.

May 3^rd 2011
Armed Robbery
Client was a good standing high school senior who, according to police was dealing marijuana on the side. According to police, client went to the home of a drug dealer with several others and demanded drugs at gunpoint. The case was placed in for a Probable Cause court date, several times for the purposes of the indicting the client. After several attempts, the District Attorney was unable to secure her witnesses for the hearing, which allowed the Defense to request a dismissal from the judge---and that dismissal was granted.
RESULT: CASE DISMISSED

April 3rd 2011
Probation Violation/Surrender
Probation sought drug treatment and aftercare for client. The probation officer also sought committed jail time and fought aggressively to get it. Attorney Barabino refused to allow his client to admit to acts, which were untrue. A hearing was sought---the Defense challenged the evidence and the credibility of the probation case. Attorney Barabino crossed examined the probation officer, placed his client on the stand, and after the hearing, the judge refused to enter a CWOF but imposed no jail and limited aftercare.
RESULT: NO JAIL. NO CONVICTION ON CLIENT'S RECORD. RELEASED FROM CUSTODY.

July 8th 2010
OUI- Liquor or .08%
Negligent Operation of Motor Vehicle
Marked Lanes Violation
According to police, client drives past them speeding, and negligently drove through a stop sign. After police stopped client, the standard sobriety test were given and police thought the result was unacceptable. The police administered a Breath test when client responded, “yeah, I’ll take it but I’m going to be drunk”. He was legally intoxicated according to that test and the second test at the police station confirmed it. The client's question from the beginning was, I did it---now how do I fix it and get my license back? Once client came to Attorney Barabino he had already been arraigned and needed representation. Attorney Barabino filed a motion to have the case heard within six days of hiring—and disposed of the case four days after in court. In court, Attorney Barabino negotiated terms that allowed a dismissal on the Negligent Operation of a Motor Vehicle, and a not responsible on the Speeding Violation and the OUI charge. Client was given a twelve month probation period that will allow a dismissal of the charges after one year.
RESULT: Shortest Probation period by law received on OUI, NOT RESPONSIBLE on the speeding ticket, Negligent Operation, DISMISSAL.

July 7th 2010
Shoplifting $100+ by Asportation
According to the security guards at a local department store, Attorney Barabino’s client walked into the store with her sister and approached a display of merchandise. They selected childrens' clothes and shoes, removed the tags, and attempted to conceal the items after removing the tags from the items. The evidence was clear that they committed the act of shoplifting. In addition to the expected testimony of the store security officer, there was videotape of the client and her sister committing the acts. A deal had to be made with the prosecutors and a major concern was any admission to a crime could have immigration consequences. After discussing the matter with the District Attorney, an agreement was made to allow no admission to a crime and simply pay back the money for the items. If client stay out of trouble for six months the case would simply be dismissed. And most importantly, case would be dismissed with no admission to the criminal act.
RESULT: PAY $239.98 AND ADMIT TO NO CRIME WITH NO IMMIGRATION CONSEQUENCES

June 24th 2010
Larceny over $250.00
Police officers responded to Barney of New York in the Back Bay to a report of a shoplifter. Upon arrival, officers spoke to store security who stated that she watched a woman, later identified as Attorney Barabino’s client, walk into Barneys and walk directly into the fitting rooms. Security reported that she took two dresses that were already in the dressing room, placed the two dresses in her pocketbook, and proceeded to leave the store without paying for them. Security believed that she was working with another female who had stolen from Barney’s in the past. The two dresses were valued at nearly $3,685.00. The dresses were given back to Barney's. Client, a Russian immigrant living in New York City, had several concerns about the ramification and consequences of such serious charge. Moreover, the store had client videotaped doing the acts which security had witnessed. Attorney Barabino discussed the matter with the Prosecution several times to fashion a disposition. The result of the discussion were very favorable to Attorney Barabino’s client. She walked into court on the very next court date, paid restitution on the amount of the items, and was did not have to admit to any crime.
RESULT: PAY $3,685.00 TO BARNEY'S OF NEW YORK AND AVOID ADMITTING TO A FELONY OR MISDEMEANOR. NO PROBATION OR IMMIGRATION CONSEQUENCES.