Recent Cases

November 27, 2024
Lewdness, Open and Gross
Firearm Improper Storage, Large Capacity
Client was a hardworking college graduate who was charged with Lewdness Open and Gross and Improper Storage of a Firearm. The allegations were that client enticed his housecleaner to come to his home under false pretenses explaining to her that he was tied up naked as a prank. Upon arrival, housecleaner panicked and upon arrival and called police frantic. Police arrived and untied the client and discovered a loaded high-capacity firearm nearby with a variety of assorted ammunition and the like. Client made an admission contrary to his initial statement to cleaner which implicated him. The entire situation was unique and presented some concerns to law enforcement. Both charges were felonies, and the collateral and direct consequences were significant. Soon after, we had client enrolled in a detailed sex related assessment from a very experienced, respected and specialized therapeutic practice. In addition, we had client placed in individual and group therapy. Eventually, the sexual assessment was concluded and many supporting materials. The government sought convictions, but the judge reviewed and listened to both sides and agreed that client should not receive any conviction and probation for a year with an agreement that the case is dismissed when probation is over.
Result: No Convictions for Felony Charges.

November 22, 2024
Felony Assault and Battery with a Dangerous Weapon (2 Counts)
Client was easy-going hard-working guy with some limited court involvement and no convictions. He has come to Massachusetts to be with a romantic interest and that relationship eventually came to a natural amicable end. However, an instance occurred where client was at former love interests home and another person appeared and words were exchanged. Eventually, the other person punched client in the mouth with a reasonable amount of force. Everything from there happened quickly and in the confusion client had taken out his knife and the other person was stabbed in the hand, requiring stitches and allegations of nerve damage to his hand. Client was living out of state and in warrant status when he retained Attorney Barabino. They quickly put together a default removal package to present to the court and coordinated client to come to Massachusetts to remove that default. That warrant was successfully removed and client returned to his home state. After client returned to his home state, Attorney Barabino was able to get permission for client to remain in his home state and attend court by zoom. And agreement for a plea was struck in part, since there were third party witnesses to the allegation. Finally, there was a plea agreement where client would enter a conditional plea via zoom, where he would be on probation for a period of 18 months and the case would be dismissed at the conclusion of that period if he didn’t get any more trouble. Client understood the risk of trial and embraced that that disposition case concluded.
Result: Felony Assault and Battery via Knife resolved.

November 20, 2024
OUI Serious Bodily Injury
Negligent Operation of a Motor Vehicle
Open Container Alcohol
Client was a very pleasant quiet young man from a very nice family. He also has a drinking problem. He was driving his car at multiple times over the legal limit when he struck another vehicle head on causing the other driver to have massive injuries. The injuries that the other driver was significant and resulting in long term injuries requiring long term hospitalization. The result was the charges above, most serious being OUI or Operating Under the Influence resulting in Serious Bodily Injury. Not only would the Serious Bodily Injury Result in Jail, but it would also require that the individual be deported without question. The case proceeded through the court process for a long period of time and eventually, resulting in a negotiated disposition that permitted the Government to drop or dismiss the serious bodily injury charge in exchange for a lengthy Jail sentence, but permitting the probability he would not be deported.
Result: OUI Serious Bodily Injury Charge Reduced to OUI, No Probation.

November 19, 2024
OUI First Offense
Negligent Operation of a Motor Vehicle
Marked Lanes Violation
Drug Possession Class “A”
Client was a hardworking, married state professional who had no prior criminal history. On this occasion, he was driving after consuming alcohol. During a moment of inattention, he collided with another vehicle resulting in another vehicle flipping upside down. Police arrived and had to extract the other (slightly injured) driver through her back window. In short, the accident was serious and concerning. Police began questioning client and examining his vehicle. Client had the signs and symptoms of intoxication and did not complete the sobriety test properly. Police went in his car and found a ten pack of nips with two nips already gone and they also found a powdery substance which was positive for Class “A” drug. Client has Drug Charge Dismissed, Negligent Operation Dismissed, Civil Violation Not Responsible and the OUI given the Most Lenient Disposition Permissible Under the Law, which the Case Can be Dismissed after One Year Probation.
Result: OUI Resulting in Most Lenient Sentence, Avoids Conviction, Other Charges Dismissed.

November 6, 2024
Felony Assault & Battery on a Person over 60
Client was a polite young man who had significant mental health struggles. During an episode he threw an item at his mother. His mother was not injured—but the throwing of the item triggered the mother to call police for support, protection and guidance. When she did the police arrived to the home and she repeated the incident to them. After she repeated the incident to the police they determined that a crime has taken place and that the son should be charged Assault and Battery on someone over 60 with a dangerous weapon. That charge is a felony since it is on a person over 60 and because it is a dangerous weapon. This charge, (Over 60) is one where the District Attorney take particularly seriously—but they are also reasonable people based on the circumstances. Here, client went to an impatient facility to manage the mental health struggles for several weeks. After the impatient facility, he was transferred to a home for mental health services from the state. In conclusion, the underlying basis of the case was based on mental health challenges and since the individual initiated intensive treatment on his own, there was little desire for the District Attorney to want to prosecute the matter and a trial readiness date was scheduled, and the matter was dismissed to on that date. No Record.
Result: Assault & Battery over 60 Dismissed

October 18, 2024
Assault & Battery (Domestic)
Client was very kind and pleasant person with no prior criminal record was charged with domestic assault and battery. Client was arrested and the case progressed through the court. After experiencing dissatisfaction with court appointed attorney he hired Attorney Barabino to be his lawyer. Attorney Barabino and client quickly developed a large cache of materials that are helpful to his case and provided those materials to the District Attorney. Eventually, a plea disposition was brought before the court at an accelerated pace as client was in the process of moving across the country. Eventually, at the tender of plea the district attorney sought a 42-week rehabilitation program and a stay away order. The judge after hearing from Attorney Barabino and all the other parties agreed with Attorney Barabino that client does not have to attend the rehabilitation program and declined a stay-away order request.

October 10-11, 2024
Operating Under the Influence of Alcohol
Negligent Operation of a Motor Vehicle
Very hardworking and pleasant client was reported by third party for poor driving. Police investigate and pull client over independently seeing the driver jerking the wheel. Police allege slurred speech/bloodshot eyes, unsteady feet, odor of alcohol and failure of field sobriety tests. Client arrested for OUI. Case proceeds to trial and Attorney Barabino successfully raises reasonable doubt on guilt by presenting counterevidence from diagrams, medical records, and a witnesses. Very attentive jury returns not guilty verdict. Client avoids adverse immigration consequences of conviction.
RESULT: Jury finds Client Not Guilty of OUI. Client PROTECTED from immigration consequences of conviction.

October 9, 2024
Probation Violation
Client was a government employee on probation for his third OUI. He was accused of beating his elderly father while on meth. Client was on probation out of state but cooperated with returning to Massachusetts. Client detained but not held. On agreement, probation continues with additional drug testing condition.
RESULT: Client AVOIDS time after successful negotiation on terms of probation.