Recent Cases

November 10^th 2011
Drug, Possession to Distribute Class A Chapter 94C Section 32A (a)
Drug Violation Near School/Park Chapter 94C 32 J
Law Enforcement was watching client as he moved in and out of a motor vehicle that they had been monitoring. As they observed client and other known parties enter and exit motor vehicles, they moved in arrested all the parties. Client was charged with a distributing heroin in a school zone as well as possession to distribute heroin. The school zone violation requires a minimum two-year house of correction prison sentence, and the distribution charge would be on and after time---prison time. In this case on and after prison time was a real possibility---almost a certainty. Client had a six page “rap sheet” detailing prior convictions for larceny, receiving stolen property, breaking and entering, drug possession, resisting arrest, possession to distribute heroin, possession to distribute in a school zone and conspiracy, among others. In challenging the charges, Attorney Barabino filed a memorandum detailing the factors that should demand a dismissal of the charges. That memorandum, along with a motion and relevant case law required one result---that the motion to dismiss all the charges should be allowed, and the District Attorney agreed to the motion moments prior to starting the formal hearing.
RESULT: Motion to Dismiss Both Charges, ALLOWED, CASE DISMISSED.

November 8^th 2011
Lewdness, Open and Gross Chapter 272 Section 16
Lewdness, Open and Gross Chapter 272 Section 16
According to police, a witness saw client pull his penis out of his pants when she drove by him. Then the witness saw client again, and once again he repeated the act. Police located and arrested client and placed two sex charges against him. If client was found guilty of the charges, he would surely have been required to register as a sex offender (SORB) aside from any imprisonment---and potential deportation—as he was not a US citizen. Moreover, client had previously been charged with Criminal Harassment, Accosting, Lewd and Lascivious Behavior, Open and Gross, Peeping Tom, and other non-sex crimes. Attorney Barabino had no choice but to bring the case to trial as the Commonwealth would be seeking the maximum penalties. However, once all parties appeared ready at trial, the Commonwealth was unable to secure the presence of that key eyewitness---resulted in a request from Attorney Barabino to dismiss the charges, which was allowed.
RESULT: BOTH CHARGES DISMISSED, NO RECORD OF SEX CHARGES, NO SEX OFFENDER REGISTRATION.

November 7^th 2011
Malicious Destruction of Property
Assault with a Dangerous Weapon
Client was high-valued government manager with the US Air Force--employed as a civilian. His job entailed national security details and any conviction would likely have resulted in a revocation of his security clearance. A revocation of his clearance would likely have also led to the termination of his career. According to the police, client went to a home a person he had a disagreement with earlier in the evening. The police alleged that the client took out a baseball bat and assaulted complainant and damaged his car. The client was with several other friends all who settled the matter prior to trial. Attorney Barabino’s client refused to be pressured into any deal and wanted his record clean. His accuser earnestly took the witness stand, which resulted in several inconsistent statements that consequentially damaged the complainant’s story. Attorney Barabino’s client also took the stand and at the end received justice---both counts ruled not guilty.
RESULT: NOT GUILTY OF ALL COUNTS

November 3rd 2011
Firearm Carrying with Ammunition
Possession of a firearm without a valid License
Other Local Ordnance
Ammunition without Identification Card
Firearm carrying without a license
Alcohol Beverage under 21 Chapter
Firearm Obliterating Serial Numbers
Client was a visiting friend in Lynn, Massachusetts when police were called to his location. When police arrived they saw client, who was underage, walking with alcohol. When police approached him they stated he pulled out a shiny object out of his waistband and threw the shiny object about six feet. When police looked over at that location, they saw a loaded .22 Semi-automatic pistol. The Defendant was taken into custody and searched his person and located two switchblade knives as well. Client had a previous gun charge on his record that had been dismissed two years prior, which, although dismissed was not helpful to the perception of the client as a gang-member. After nearly two years of hearings, investigations, and motions, a deal was made that allowed Defendant to avoid jail all-together—despite the one year mandatory sentence that the law requires. Client made the final decision, and his decision was to take the deal. Client admits crime on mandatory jail sentence of one year—receives no jail after plea.
RESULT: NO JAIL After Admitting to Charge that Carries a One Year Mandatory Minimum Sentence, NO JAIL TIME. DETENTION AND REMAINING CHARGES DISMISSED.

August 23rd 2011
Assault with a Dangerous Weapon
Armed Robbery
Police allege that client and his friend went up to another, punched and kicked him repeatedly, and eventually stripped him of his gold necklace and $80. After nearly a year of hearings and investigations into the case, it was determined that another version of events could be true. A trial was scheduled and the District Attorney announced he was simply dropping the Armed Robbery if a plea was accepted. The plea involved no committed time---and no probation conditions.
RESULT: Armed Robbery, DROPPED, PLEA WITH NO COMMITTED TIME on Assault with a Dangerous Weapon.

August 17^th 2011
Assault
Client was a non-citizen computer programmer with a bright future. He came to the United States and was staying on a H-1-B VISA. He wanted to stay in good standing with that status. Client was charged with Assault after the police received a report of him hitting his girlfriend. The police stated that the complainant had dried blood on her lip and redness on her face. The charge of assault was to be upgraded by the District Attorney because of the physical contact alleged. However, after consulting with all the parties, Attorney Barabino drafted a Memorandum of Disposition, which was essentially a written background of the client's background as well as an Accord and Satisfaction. The Accord and Satisfaction motion allows for judges in some instances to allow for a dismissal of charges—even over the district attorney’s objection. In this case, the District Attorney objected, but the judge accepted the Accord and Satisfaction. As a result, the case was dismissed.
RESULT: Motion for Accord and Satisfaction, ALLOWED. CASE DISMISSED.

August 8^th 2011
Drug, Possession to Distribute Class B
Client was caught driving his vehicle without a license. However, the greater problem was the cocaine that was found under his seat. After police located the cocaine, they also found a cache of forged identification cards that are often sold to illegal aliens. Moreover, client would be faced with potential deportation if he entered a plea if he admitted to the forged documentation. Attorney Barabino filed several substantive motions while launching an investigation into who could plant this evidence. Over a period of nearly a year and a half, several challenges were made against the admissibility of the evidence. And one of those motions---a motion to allow the identity of the informant who told police that the Defendant would actually have cocaine was allowed. An exhaustive search provided the Defendant with information that supported the claim that he was setup by an informant. Moreover, Attorney Barabino had his investigator interview several witnesses at client’s work uncovering additional exculpatory (helpful information). With this new information as well as other public documentation that was uncovered by Attorney Barabino, the District Attorney simply agreed that the Defendant was the victim and dropped all the charges.
RESULT: Motion to Allow the Identity of the Informant, ALLOWED. CASE DISMISSED.

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.