Recent Cases

February 10, 2009
Drug, Possession to Distribute Class B
Drug, Possession to Distribute Class C
Speeding
Client was alleged to be speeding when Massachusetts State Police pulled her over. Client admitted that she had an open case for drug distribution and was eventually asked to exit her vehicle. After she was asked to exit her vehicle, the State Trooper discovered a zippered bag that had more than ten twists of cocaine. After she was arrested, she was brought to the State Police barracks where a female trooper discovered that she had several bags of heroin in her vagina. Attorney Barabino sought a dismissal at the suppression date and his request was allowed.
Result: Motion to Suppress, ALLOWED. CASE DISMISSED.

February 3, 2009
Leave the Scene of Property Damage
Negligent Operation of Motor Vehicle
Client was informed by summons that his car was witnessed leaving the scene of property damage to a motor vehicle and the client did not stop to provide his personal information. As a result, he was charged with the above referenced crimes. The only identification made of the driver was by a bar owner who merely confirmed the owner of the car but not the defendant himself. At trial, the Commonwealth did not have the necessary witness, and the case was dismissed upon request by Attorney Barabino.
Result: CASE DISMISSED

January 16, 2009
Vandalize Property
Tagging
The client was nationally known as someone who "tags." A tagger is someone who spray paints their name or "sign" on various items such as buildings, cars, bridges, etc. The Commonwealth knew they had someone who had been known to tag in several states and were eager to prosecute. However, their eagerness did not translate into evidence. The case was placed for both a Motion to Dismiss and trial. Fortunately, the Motion to Dismiss was successful and the client's case was dismissed.
Result: MOTION TO DISMISS ALLOWED, CASE DISMISSED

January 9, 2009
Assault and Battery
Malicious Destruction of Property
Intimidation of a Witness
The client was charged with the three charges listed above. At trial, the alleged victim testified that her ex-boyfriend was jealous and jumped into her motor vehicle on her way home from her employment. She continued to testify that he punched her in the face while restraining her wrist. After several blows to the face, she was unable to locate her cell phone and she added that he grabbed her rear-view mirror off the windshield and continued beating her in the head with it. She immediately reported the crime and was interviewed by a specialist in domestic violence at the Salem Police Department. As part of the specialist's investigation, he corroborated the broken rear-view mirror and took her shirt that had the buttons torn off into evidence. Also admitted as evidence was a signed letter to the alleged victim, admitting the client hit her. After trial, the jury returned an acquittal.
Result: ALL CHARGES NOT GUILTY

January 6, 2009
Assault and Battery
Assault and Battery OVER 60/Disabled with Injury
The client was charged with two counts of Assault and Battery on two different people. The police alleged that the client became irate at his girlfriend when he took their son to her grandfather's home. After the client made several phone calls to his girlfriend, he came to the grandfather's home (where girlfriend was) at 4:00 a.m. and started arguing with his girlfriend when the elderly grandfather came downstairs. The grandfather testified that he was pushed into the wall hard enough to leave a bump on his head and leave him breathless. The girlfriend jumped in front of him and he pushed her to the ground while exiting the home. After a jury trial, a verdict was returned unanimously in favor of the defense.
Result: NOT GUILTY ON ALL CHARGES

December 17, 2008
License Suspended, Operation Motor Vehicle, Subsequent Offense
The client had retained a different attorney in a prior case for driving without a license and was sentenced to sixty days (60 days in jail). Fast-forward to the present case with Attorney Barabino: the defendant was charged with operating with a suspended license again. The facts against him were strong. They included an admission of wrongdoing and a state trooper who was prepared to testify that she stopped him for the crime and witnessed him operating the motor vehicle on a public way.
Result: REDUCTION TO FIRST OFFENSE, NO JAIL TIME, NO CONVICTION

December 9, 2008
Probation Violation/Surrender
Assault and Battery
Assault with a Dangerous Weapon
Threats to commit a crime
Carrying a Dangerous Weapon
The client was charged with threatening his girlfriend with a pistol after a dispute about his alleged infidelity. When he arrived home, they argued. The client denied ever threatening her, and when police arrived they surrounded the home only to find the client calmly working on his desktop computer. The alleged victim told several stories to police and the district attorney and at trial, she simply refused to appear—leaving the district attorney no choice but to allow the defendant's motion for a dismissal. The weapons that were found were also dismissed since they could not prove the "carrying" element of the crime.
Result: CASE DISMISSED

December 8, 2008
Probation Violation/Surrender
Assault and Battery
The client was charged with violating probation as a result of his refusal to keep appointments with his probation officer as he agreed to do so. Also, he violated probation because of a new charge of Assault and Battery on his wife. Since he was originally placed on probation for Assault with a Dangerous Weapon and simple Assault and Battery, the Judge held him in custody pending the final probation surrender hearing. At the final hearing, Attorney Barabino filed a disposition memorandum and asked the court to simply terminate and discharge the probation to which the court agreed. The client's probation case was dismissed and this prior disposition of a continuance without a finding was also dismissed. As a result, no conviction entered and he could apply for his citizenship in the United States as originally intended. Also, his new case of Assault and Battery was dismissed, as the Commonwealth had insufficient evidence (witnesses) to proceed at trial.
Result: CASE DISMISSED, PROBATION MATTER DISMISSED.