Recent Cases

March 17th 2008
Probation Violation/Surrender
Client, a man in his late thirties, was accused of stalking a girlfriend of nearly seven years. Additionally, he was on probation with a three-year suspended sentence for violation of a restraining order against his accuser of the stalking. The District Attorney sought to take him into custody under the dangerous statute (58A) and ultimately incarcerate him. Attorney Barabino moved to have a full hearing, and the judge agreed that the 58A should be dismissed. However, probable cause was found for a probation violation and client was held in custody. Client was re-probated with no additional prison time and two of three probation violations dismissed. The stalking charge was plead with a (CWOF Disposition) and will be dismissed when client finishes probation. Upon completion of probation, new charges would be dismissed and probation completed with no additional prison time after hearing.
RESULT: TWO OF THREE PROBATION VIOLATION CHARGES DISMISSED, CONDITIONAL DISMISSAL OF OTHER CHARGES

March 11th 2008
Assault and Battery with a Dangerous Weapon
Assault and Battery with a Dangerous Weapon
Assault and Battery with a Dangerous Weapon
Intimidation of a Witness
Assault with a Dangerous Weapon
Client, a smart, hardworking immigrant working toward finishing school and applying for citizenship was accused by police of multiple violent actions. The accusation included multiple counts of Assault and Battery with a Dangerous Weapon (mostly household items), two counts of Assault and Battery, one count of Assault, and one count of witness intimidation. Attorney Barabino worked closely with client very early in the process, and all parties went to court over the accusations. After a Fifth Amendment was entered at Attorney Barabino's request, the charges were dropped.
RESULT: CASE DISMISSED

March 6th 2008
Malicious Destruction of Property
Client was charged with driving a vehicle that shot paintball pellets at another vehicle. Three people in total were charged with the same offense. The other two defendants admitted to the crime and were given probation. Attorney Barabino and his client went to trial, and the case was dismissed.
RESULT: CASE DISMISSED

February 22nd 2008
Possession with Intent to Distribute Cocaine
Client, a fifteen year old, was out on "Liberty Pass" from his commitment at the Department of Youth Services (DYS). According to police, he had sold drugs to several individuals. Unknown to him, the several individuals were part of an organized drug task force which included the Federal Bureau of Investigation (FBI), State and local police, as well as sheriff deputies. With overwhelming evidence against client, Attorney Barabino began negotiations. The young man was facing several years since he had been indicted as a youthful offender. The Commonwealth sought several years in prison, but Attorney Barabino successfully persuaded the judge to accept a commitment to the Department of Youth Service (again) until he was 21 and a suspended sentence at the house of correction.
RESULT: NO STATE PRISON TERM. Allowed to attend the Department of Youth Services until 21 with suspended sentence for one year. Likely DYS release home within 5-8 months.

February 14th 2008
Aggravated Assault and Battery on a Pregnant Woman
Client was charged with Aggravated Assault and Battery on a pregnant woman. The accuser had made several allegations that client beat her and her child. Refusing to accept any disposition except dismissal, client and Attorney Barabino prepared for trial and answered ready. Commonwealth then realized they didn't have enough evidence to prosecute, and the case was consequently dismissed.
RESULT: CASE DISMISSED

January 30th 2008
Unlawful Drug Possession
Client was sitting in his vehicle at Walgreens when police were called by an "anonymous tipster" claiming he was selling prescription drugs. When police pulled him over, they did in fact find that he had narcotics. Attorney Barabino challenged the constitutionality of the stop by police since the "tipster" was not properly identified. After the hearing, the judge filed his decision supporting Attorney Barabino's theory. The drugs were suppressed and the case was ultimately dismissed.
RESULT: Motion to Suppress, ALLOWED, CASE DISMISSED.

January 29th 2008
Probation Violation/Surrender
Client, a young woman on probation with a history of drug problems, was required by probation not to be re-arrested. While hanging out at a hotel, she was with people who were accused of stealing a motor vehicle, and during the investigation she was found to possess drugs, in violation of her probation contract. The probation department brought her before a judge and requested that she be held in the Framingham State Prison until a further court date for final surrender (or sentencing). After negotiation was unsuccessful, Attorney Barabino persuaded the judge to allow her to walk out of court on her own, and was she was not detained. A few weeks later, she came to court to for the sentencing. Attorney Barabino entered into negotiations with the probation officials, and she was allowed to be re-probated with the same terms of her original probation contract.
RESULT: Probation with NO DETENTION AND NO ADDITIONAL CONDITIONS.

January 15th 2008
Indecent Assault and Battery on a child over 14
Indecent Assault and Battery on a child over 14
Lewd and Lascivious Acts
Indecent Exposure
Client, a Texas native, was visiting Massachusetts and considering a long-term move to Salem, Massachusetts. He was also attempting to re-establish his relationship with his son whom he had lost contact with. The young son became jealous of his father's relationship and upcoming marriage. After a few short weeks in Massachusetts, the son made several accusations that the father had sexually assaulted and battered him and had forced him to engage in rituals of a sexual nature. The District Attorney made great efforts to secure a conviction, even going so far as to provide their witnesses with government-paid airfare, lodging, and so forth. After three days of trial before a jury, the result was not-guilty on all counts.
RESULT: NOT GUILTY ON ALL CHARGES.