Recent Cases

August 7th 2008
Probation Violation/Surrender
Client was charged with violating her terms of probation. She had been on Methadone for several years and had been in rehabilitation facilities throughout the years. Her violation of probation was due to her admission of drug use, which included heroin and cocaine. The probation officer had her detained in Framingham State Prison until her final probation hearing. After several meetings with the probation department, they were persuaded not to ask for additional prison time and allow the client to be released from custody, to admit to the violation, and to place the case out for several weeks to observe her behavior in the community. After several weeks, she did well, and after a second hearing, the case was simply terminated, discharged, and a dismissal was entered.
RESULT: CASE DISMISSED

August 7th 2008
Possession of a firearm without a valid License Chapter 269 Section 10
Unlawful Drug Possession Chapter 94C Section 34
Possession of Ammunition Chapter 269 Section 10(h) Section (1)
Client, a young, professional boxer was leaving a hotel in Middleton Massachusetts when a State Police trooper noticed what he thought was suspicious behavior and a moving violation. Upon stopping client, trooper inventoried the vehicle and found 9mm bullets and what he thought was a functional handgun. After the "handgun" was tested at a ballistics laboratory, it was determined to be non-functional, and as a result, that related-charge was dismissed. Additionally, after significant negotiation with the district attorney it was determined that the ammunition found could not be prosecuted and that related-charge was dismissed. Afterward, Attorney Barabino brought the remaining drug charge for trial. After two trial dates, the District Attorney declared that he would be willing to place the client on pre-trial probation with no admission to any crime and assurance of dismissal. As a result, the client had every charge dismissed.
RESULT: ALL CHARGES DISMISSED

July 28th 2008
OUI - Liquor or .08%
Client was charged with leaving the scene of an accident and operating under the influence of alcohol. According to the police, client was so severely intoxicated that he could barely stand upright and presented slurred speech, as well as other factors, that did not help the client's case. However, a significant investigation into the facts and issues combined with extensive negotiations with the District Attorney resulted in dismissal of the leaving the scene charge outright, and allowing the lowest fines and fee for the OUI charge with a stipulation that the charge would be dismissed upon completion of probation for one year.
RESULT: Leaving the Scene, DISMISSED, OUI charge probation with DISMISSAL upon completion.

July 7th 2008
Deriving Support from Prostitution
Client was charged with one count of Deriving Support from Prostitution and License Suspension, Subsequent Offense. It was clear the driving without license was simply an error by the defendant and he entered a partial plea on that matter -meaning he admitted to the charge and a plea was negotiated which involved no jail time. However, the court was prepared to sentence the Defendant to no less than 2 years in prison for the Deriving Support Charge. That was an unacceptable disposition for simply having marginal and unproven connections with a known prostitute or "escort". As a result, it was a case that would have to be tried before a jury. After many motions and years of court dates, the client appeared at trial and Attorney Barabino answered ready for trial to the court. At trial, the District Attorney was unable to proceed and the case was consequently dismissed.
RESULT: CASE DISMISSED

June 19th 2008
Probation Violation/Surrender
Client was charged with violating probation and a restraining order and was serving prison time for those charges. Attorney Barabino represented client after prison sentence for another probation violation. Once Attorney Barabino exhausted negotiations with the probation department, he took his client's case before the judge. After a hearing, the judge sided with Attorney Barabino and simply terminated all probation requirements, and the case was dismissed.
RESULT: CASE DISMISSED

May 27th 2008
Indecent Assault and Battery on a child over 14
Indecent Assault and Battery on a child over 14
Assault and Battery
Client, a juvenile, was charged with two separate counts of Indecent Assault and Battery on two separate people and one count of Assault and Battery. The case began over two years ago and after several hearings and investigations, a trial date was set. However, because the evidence against client was strong and the victims were very involved in the process, Defense decided on a jury trial. After answering ready at trial, the District Attorney made an offer which included the juvenile accepting a commitment to the department of youth services and in exchange there would be a dismissal of the two sex related charges. Client had both sex-related charges withdrawn by prosecution (dismissed) and had no obligation to register as a sex offender. In exchange, client would commit to a three-to five month commitment to the department of youth services, but client could return to high school in the Fall of 2008.
RESULT: SEX CHARGES WITHDRAWN ON CONDITIONAL AGREEMENT.

May 5th 2008
Vandalizing Property
Client was an adult already serving five years in state prison and awaiting trial on another charge, which was likely to result in up to ten additional years in prison when Attorney Barabino accepted representation on a separate issue. According to the officials at the house of correction, the client ripped the sprinkler system out of the ceiling, resulting in the activation of those sprinklers and causing a major disruption and some damage to the facility. The District Attorney charged him with Destruction of Property, Disconnected a Sprinkler System and Prisoner Vandalizing Prison Property. The client initially admitted to the charges, but then the judge sentenced him to an additional thirty days from and after the completion of his current sentence. At this time, Attorney Barabino decided to withdraw the plea agreement and went to trial instead. At trial, additional negotiations took place and client accepted a disposition that resulted in no additional jail time.
RESULT: Charge of Prisoner Vandalizing Prison Property DISMISSED. Remaining two charges result in an admission with prison time served and NO ADDITIONAL TIME TO SERVE after initial sentence.

April 14th 2008
Uttering a False Check
Uttering a False Check
Conspiracy
Conspiracy
Client, a young man, was charged with six specific criminal charges, which included Uttering a False Check (two counts), Counterfeit Travelers Check (two counts), and Conspiracy (two counts), after it was alleged that he engaged in activities with several other people which included the purchase of counterfeit travelers checks. After several months of pre-trial hearings and motions, Attorney Barabino requested a jury trial. At client's jury trial, the Commonwealth made a decision not to pursue the accused and allowed him to have general continuance, which prevents any record or penalties for these serious crimes.
RESULT: ALL CHARGES DISMISSED after six months with NO PROBATION REQUIREMENTS NOR OBLIGATIONS. NO ADMISSION TO CRIME.