Recent Cases

February 17th 2010
Assault and Battery
Threats to commit a crime
Intimidation of a Witness
Disturbing the Peace
Client was charged with the above charges after police alleged that a person reported that his girlfriend had been choked by him earlier in the evening. During this alleged event, it was reported to police that the defendant kicked her door resulting in damage. The value of the door was estimated to be worth nearly $1000. The girlfriend was also charged for her conduct during the police investigation. Attorney Barabino was able to negotiate a dismissal for three of the four charges, since the victim was unavailable to testify due to her charges. With the girlfriend fully participating with the defense, Attorney Barabino placed the remaining charge on for a trial before a judge. At the trial, the required witness did not appear, and as a result, a dismissal was requested and granted by the judge.
RESULT: ALL CHARGES DISMISSED, NO REQUIRED RESTITUTION FOR DAMAGED DOOR

January 8th 2010
Probation Violation/Surrender
Client was on probation with an eighteen month suspended sentence when the Probation Department issued him a violation as a result of a new charge. Client was released during the period of the initial violation notice and the final hearing, as opposed to being held in custody. During the period of the initial hearing and the final hearing, Attorney Barabino investigated the facts of the violation, which were leaving the scene of property damage. After investigation and negotiation with Probation, it was clear that with certified documentation client could not have been the operator of the vehicle. Probation agreed to withdraw the violation.
RESULT: PROBATION AGREES TO WITHDRAW VIOLATION.

December 7th 2009
Negligent Operation of Motor Vehicle
Racing Motor Vehicle by Licensed Operator
Marked Lanes Violation
Speeding in Violation of Special Regulation
Client was prominent German business executive, who, according to police, was driving intoxicated nearly four times the legal limit. After police identified what was termed as erratic operation, client was pulled over by police and asked to perform a sobriety test, which they said he failed. After an arrest, Attorney Barabino negotiated with the District Attorney and appeared before a judge with his client who allowed the agreed upon disposition. In addition, the judge allowed Attorney Barabino’s request for his client to have a permanent waiver for international travel. Within forty- eight hours of his arrest client was on a plane to Switzerland with his case disposed.
RESULT: NO CONVICTION, SHORTEST PROBATION ALLOWED BY LAW

November 27th 2009
Drug, Possession Class B (Percocet)
Client was a financial management analyst working in Boston when he was seen by a Boston Police Drug Enforcement Unit engaging in what the officer concluded was suspicious behavior and consistent with a drug transaction. When police confronted client, he admitted to purchasing a narcotic and possessing some narcotics on his person for which he had a prescription. After the hearing, the magistrate concluded that the case would not be arraigned.
RESULT: APPLICATION FOR COMPLAINT DISMISSED

October 7th 2009
Assault and Battery on a Public Employee
Client was an inmate at a local house of correction when he started arguing with staff. After several requests to comply with correction officers went unheeded, one of the officers tackled client. Once taken down to the ground, several officers began giving knee strikes to client. During the ensuing struggle, a K-9 dog bit client in the calf, causing a significant wound. After client was secured by officers, one of the officers stated she was assaulted with multiple punches to the leg and client was subsequently charged. After the facts were presented to a jury, they determined that client was in fact not guilty of any crime.
RESULT: NOT GUILTY VERDICT

September 22nd 2009
2nd OFFENSE OUI- Liquor or .08%
Miscellaneous Municipal Ordinance 14-1
Resisting Arrest
Assault and Battery on a Police Office
Client was followed by a concerned citizen as a result of erratic driving. According to the police report, client was yelling profanities at several citizens and police. Upon an attempt to arrest client, police stated she resisted arrest and assaulted an officer in the process. Attorney Barabino negotiated a general continuance for the assault and battery charge so it would be dismissed with no record. The OUI charge was given a First Offense Disposition.
RESULT: FELONY CHARGE DISMISSED, OUI SECOND OFFENSE CHARGED AS FIRST OFFENSE

September 16th 2009
2nd OFFENSE OUI- Liquor or .08%
Client was stopped by State Police after swerving in and out of traffic. After he was stopped, the officer stated he noticed the strong odor of alcohol coming from client's breath and that he was staggering. When asked to perform a sobriety test, client stated, "He couldn't do it if he was sober". The District Attorney sought a deal which included client admitting guilt, attending a two week inpatient program, and serving a suspended prison sentence of three months in the house of correction. Attorney Barabino declined the deal and went before a judge and asked that none of the proposals the district attorney made be accepted and client be given a first offense disposition. The judge agreed with Attorney Barabino. Client's record will be dismissed if he complies with probation requirements.
RESULT: CLIENT GIVEN FIRST OFFENSE DISPOSITION

August 31st 2009
Abuse Prevention Order
Client was a young woman who was accused of harassing her ex-boyfriend and threatening him. As a result, he obtained a restraining order without her knowledge, which is allowed under the law. The law also allows for a 10-day hearing to dispute the merits of the case. Attorney Barabino opposed the order and presented evidence with client and supporting witnesses. After the hearing, the judge denied the boyfriend's request for a restraining order and order was vacated in client's favor.
RESULT: 10-Day Issue of Restraining Order DISMISSED.