Recent Cases

September 9th 2008
Shoplifting
Malicious Destruction of Property
Client was charged with two separate criminal complaints. One complaint stated that he was shoplifting at a local mall and another criminal complaint alleged that he maliciously broke a window of a neighbor after a dispute. Attorney Barabino sought the expert advice of a reputable doctor to examine the client to determine if he was competent enough to stand trial. Prior to the results being provided, the District Attorney agreed to pre-trial probation which allows a full dismissal with no admission of any crime after a three month period of time, with no obligation to the court other than pay $100 for the broken window.
RESULT: CASE DISMISSED

September 8th 2008
Aggravated Assault and Battery on a Child under 14
Aggravated Assault and Battery on a Child under 14
Client, a serviceman in the US Army, was charged with two counts of Aggravated Assault and Battery on a Child Under 14. After several courts dates and hearings, Attorney Barabino took the case directly to trial. At two separate trial dates, the Commonwealth informed the court that they were unable to proceed and both cases were dismissed. As a result, client successfully was able to return to the US Army with no record of any crime.
RESULT: CASE DISMISSED

September 5th 2008
Fugitive from Justice
Client was charged as a Fugitive from Justice for violating his terms of probation in New Hampshire. As a result of his status, Attorney Barabino refused extradition on behalf of client, thus requiring the Governor of New Hampshire to sign a "Governor's Warrant" to bring him back to Massachusetts. After a ninety day period, the Governor of New Hampshire failed to sign the warrant as the statute required and a Motion to Dismiss was filed and accepted by the court. As a result, case dismissed.
RESULT: CASE DISMISSED

August 28th 2008
Unlawful Drug Possession
Client was charged with Possession of Heroin after being seen by what the police described as suspicious behavior at the Liberty Tree Mall in Danvers. The authorities took this possession charge more seriously than most, since client had previously served nearly a decade in federal prison for importing heroin from Thailand and also served nearly another decade for trafficking heroin in Massachusetts. Nonetheless, Attorney Barabino sought to challenge the constitutionally of the initial police investigation that led to his arrest in this case. After several months, the sitting justice asked to discuss the matter and an agreement was reached between defense and prosecution. In return, Attorney Barabino would not challenge the Commonwealth's case. After discussion with client, he sought to accept the disposition of one year for the probation case.
RESULT: CASE DISMISSED AFTER ONE YEAR PROBATION

August 15th 2008
Assault with Intent to Murder
Discharging of a firearm within 500 feet/Building
Possession of a firearm without a valid License
According to the police report, client was accused of possessing a sawed-off rifle and firing one .22 bullet into the shoulder of a rival gang-member, causing a wound that penetrated his front shoulder and exited the back of his arm. Initially, the client was charged as a juvenile, but soon after, the district attorney indicted the young man as an adult. After indictment he was charged with: 1) Armed assault with intent to Murder; 2) Carrying a firearm without a license; and 3) Discharging a Firearm within 500 Feet of a Building. Soon after, Attorney Barabino sought to have a competency examination to determine if client could stand trial. Attorney Barabino hired an expert, as did the District Attorney. After the hearing, the judge determined that Attorney Barabino's claim that his client was not competent to stand trial was accurate. However, the client remained on $50,000 bail. After several hearings Attorney Barabino sought to challenge the constitutionality of the confession and a hearing was held. After the hearing, the judge agreed with Attorney Barabino and the District Attorney was forbidden from using the suppressed or "non-constitutional confession". With little evidence remaining for the District Attorney to prosecute, a second hearing was held to forbid the Commonwealth from using the accuser's recorded testimony and the judge agreed with Attorney Barabino. After significant legal and constitutional challenges, the Commonwealth was forced to dismiss their case and the client was released with no charges.
RESULT: Motion to Dismiss, ALLOWED, CASE DISMISSED

August 7th 2008
Probation Violation/Surrender
Client was charged with violating her terms of probation. She had been on Methadone for several years and had been in rehabilitation facilities throughout the years. Her violation of probation was due to her admission of drug use, which included heroin and cocaine. The probation officer had her detained in Framingham State Prison until her final probation hearing. After several meetings with the probation department, they were persuaded not to ask for additional prison time and allow the client to be released from custody, to admit to the violation, and to place the case out for several weeks to observe her behavior in the community. After several weeks, she did well, and after a second hearing, the case was simply terminated, discharged, and a dismissal was entered.
RESULT: CASE DISMISSED

August 7th 2008
Possession of a firearm without a valid License Chapter 269 Section 10
Unlawful Drug Possession Chapter 94C Section 34
Possession of Ammunition Chapter 269 Section 10(h) Section (1)
Client, a young, professional boxer was leaving a hotel in Middleton Massachusetts when a State Police trooper noticed what he thought was suspicious behavior and a moving violation. Upon stopping client, trooper inventoried the vehicle and found 9mm bullets and what he thought was a functional handgun. After the "handgun" was tested at a ballistics laboratory, it was determined to be non-functional, and as a result, that related-charge was dismissed. Additionally, after significant negotiation with the district attorney it was determined that the ammunition found could not be prosecuted and that related-charge was dismissed. Afterward, Attorney Barabino brought the remaining drug charge for trial. After two trial dates, the District Attorney declared that he would be willing to place the client on pre-trial probation with no admission to any crime and assurance of dismissal. As a result, the client had every charge dismissed.
RESULT: ALL CHARGES DISMISSED

July 28th 2008
OUI - Liquor or .08%
Client was charged with leaving the scene of an accident and operating under the influence of alcohol. According to the police, client was so severely intoxicated that he could barely stand upright and presented slurred speech, as well as other factors, that did not help the client's case. However, a significant investigation into the facts and issues combined with extensive negotiations with the District Attorney resulted in dismissal of the leaving the scene charge outright, and allowing the lowest fines and fee for the OUI charge with a stipulation that the charge would be dismissed upon completion of probation for one year.
RESULT: Leaving the Scene, DISMISSED, OUI charge probation with DISMISSAL upon completion.