Recent Cases

May 1, 2025
Uninsured Motor Vehicle
Registration Suspended
Client a particularly accomplished educator who a couple years back had had a misunderstanding with registering a new vehicle. The misunderstanding was determined when he was pulled over a routine traffic violation. He was given a criminal citation for unregistered motor vehicle and uninsured motor vehicle and simply never addressed them for a variety of personal reasons. As a result, a warrant was issued for his arrest. The warrant remained outstanding for years and he wanted to address them with the aide and support of a criminal defense attorney. He along with Attorney Barabino developed an affidavit detailing his impressive background and circumstances and went to court to remove the warrant, and on the same day resolved the outstanding charges, with an agreement with the District Attorney to simply dismiss them prior to the arraignment.
RESULT: Warrant Removed, Charges Dismissed with a Pre-Arraignment Result.

April 17, 2025
Operating Under the Influence of Alcohol (1st Offense),
Possession of Open Container,
Negligent Operation of a Motor Vehicle
Client was a positive, and enthusiastic young man charged with Operating Under the Influence, Possession of an Open Container, and Negligent Operation of a Motor Vehicle. He had been driving home after a casual get-together with friends when he passed by police officers who were responding to an unrelated car accident. Although driving at an appropriate speed, officers observed that Client was traveling the wrong way down a one-way street. The vehicle was visibly damaged, and the client was soaked in blood. Police made a polite inquiry, and Client was surprised to learn he had entered a one-way. Officers, concerned for his well-being, spoke further with Client and determined that although he felt he was okay to drive, his condition clearly demonstrated he was not in a state to safely operate a vehicle. He was cited and the case proceeded through the court system. After consultation with Client and the District Attorney, Attorney Barabino successfully negotiated dismissal of both the alcohol-related open container charge and the negligent operation charge. These dismissals were particularly important to the client, as they avoided a mandatory $500 fine and license surcharge. As to the OUI charge, Attorney Barabino ensured that client received the lightest sentence permitted by law, an outcome that will result in dismissal of the charge after one year upon successful completion of standard probationary conditions.
RESULT: First Offense OUI resolved; Collateral issues resolved.

April 1, 2025
Assault and Battery (Domestic)
Young man going through some struggles at home was charged with Domestic Assault and Battery on his mother. Mother called police during an argument that led to a brief struggle. No parties were injured but when police arrived they saw what a chargeable offense and issued a notice to appear for a magistrate hearing—which they did at their discretion. In short, they did not handcuff the client but sent him a letter to appear. The magistrate hearing permits a per- charging opportunity to challenge probable cause for the criminal offense. Which is a great tool, since if successful it does not appear on the persons record. Even if the court finds probable cause they may decline to issue the complaint in the interest if justice. Here, the court, reviewing everything and taking in consideration everything provided, determined that it was in the interest of justice not to have the case be formally charged.
RESULT: Police & Magistrate Agree to Not Formally Charge Client.

March 19, 2025
Uninsured Motor Vehicle
Registration Suspended
Client super decent hard-working guy who was charged with Uninsured Motor Vehicle and Registration Suspended. Client did all the right things from the beginning of this incident. First, client reached out to Attorney Barabino, and they made sure that within 4-days of receipt he takes the citation to the court, and he did exactly that. A magistrate hearing was now scheduled which made the police report available for preparation for the hearing. Normally, two charges like where there is no record and no accident, there is a healthy probability that the case can be resolved in the hearing. However, in this case, there was a serious accident scene with multiple vehicles and the probability of success at the magistrate hearing was low. However, Client and Attorney Barabino prepared aggressively as he does with every client, to include lengthy interview, background memorandum and affidavit of reinstatement. At the day of the hearing, the magistrate found no probable cause, which means the charges will never appear on his record, case closed.
RESULT: No Probable Cause Found; Case Dismissed.

March 17, 2025
Operating under the Influence of Alcohol 2^nd Offense
Client hard working professional and most importantly a devoted father. Client had a limited prior criminal history with essentially one prior charge of operating under the influence many years ago, more than ten years---which is an important factor in a 2^nd offense OUI in Massachusetts. On this occasion client had been at a hockey rink, drank a few too many drinks and then decided to drive. Recognizing he was too intoxicated he pulled over at a gas station and was eventually approached by state police. State police determined that intoxication was present by a variety of test and observations. He was arrested and charged with 2^nd Offense OUI. After consultation and interview client and attorney Barabino determined the best route forward was a plea deal with the hope and expectation that he could obtain a first offense disposition for this 2^nd offense charge. Since, in Massachusetts, you can ask the court for a 1^stoffense disposition on a 2^nd offense, only if, the first offense was more than 10 years ago. In this case, he qualified. At the plea the District Attorney still requested the court sentence client to a guilty conviction, 6-months in jail, 2-year loss of license and a two-week impatient program. The judge after listening to all the facts and circumstances agreed with Attorney Barabino and provided a 1^st offense disposition and permission for the matter to be dismissed is completes probation successfully.
RESULT: 2^nd Offense OUI, reduced to 1^st Offense OUI.

March 12, 2025
Unlicensed Operation of Motor Vehicle
Yield at Intersection
Client was all around easy going responsible person who crashed into another vehicle. The crash was a serious accident, and police and others had to come to the scene. Client was at fault and that was evident. She was cited for failure to yield which is simply an infraction, but also, driving unlicensed which was a criminal. This was more concerning since client could face collateral consequences for immigration concerns that she could face. However, at arraignment, Attorney Barabino presented materials of support to the District Attorney which resulted in them simply dismissing the charge, prior to the arraignment, thus preserving her record.
RESULT: Before Arraignment, Case Dismissed.

March 11, 2025
Larceny under $1200
Larceny under $1200
Larceny under $1200
Larceny under $1200
Larceny under $1200
Larceny under $1200
Client was a pleasant and engaging young man that was transitioning to a new school to get a fresh start with a loving and supportive uncle, aunt and cousins. Despite efforts of the receiving family, this young man found himself hanging around a group of peers that found trouble. After a lengthy investigation by police and the school it was determined that this group of students stole a variety of items from the school locker(s). Client and the others admitted there wrongdoing to the school and charges were filed and a hearing was scheduled for a Magistrate Hearing. A Magistrate Hearing allows for a screening of cases which can, in some situations, permit a case to be resolved at the hearing(s). This is vitally important as it allows for a case to be resolved before the formal “arraignment” which is when something goes on someone’s criminal record. Here, the matter was resolved and did not go forward. Case Dismissed.
RESULT: Restitution Paid by Agreement and the Case Does Not Get Issued.

March 4, 2025
Leaving the Scene of Property Damage
Client was all around easy going responsible person who was seen striking a neighbor’s vehicle with her vehicle and driving away. There was video that was viewed by police. A clerk magistrate hearing was scheduled, and clerk magistrate listened to the petition by police for the criminal charge of leaving the scene of property damage. At this hearing, Attorney Barabino submitted a detailed memorandum regarding requirement that there be “damage” and without damage there can be no successful prosecution of this charge. The magistrate agreed that there was an insufficient basis to move forward on this charge of leaving the scene and declined to issue this charge.
RESULT: Magistrate Declares No Probable Cause to Issue Complaint Against Client.