Recent Cases

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.

February 12, 2025
Leaving the Scene of Property Damage
Client was all around easy going responsible person who crashed into another vehicle late one evening. He pulled over to a safe area and there was some confusion when police came. In the end, the police cited him for leaving the scene of property damage. He missed his magistrate hearing and was formally charged with the crime. Attorney Barabino began reviewing the matter and after interviewing client and reviewing the scene of the accident with him determined that client would have a strong likelihood of success at trial. However, Attorney Barabino uncovered some procedural oversights in the charging process which was the basis to draft a motion to dismiss. A motion was filed, with a memorandum, affidavits and exhibits was presented to the court. After a hearing, the judge took the matter under advisement. Today, the court formally discharged client as judge determined that the case should be dismissed.
RESULT: Motion to Dismissed, ALLOWED, Case DISMISSED.

February 5, 2025
Permitting an Unlicensed Operator
Client was a member of a large landscaping company who was charged with permitting an unlicensed operator. Client was called to the scene of an accident of a fellow employee and took a leadership role in facilitating removal of the vehicle at the accident scene. Police determined that the fellow employee was without a license and based on a variety of factors the police charged client with permitting unlicensed operation. Attorney Barabino immediately had client file the citation with the court within 4-day time limited to permit a magistrate hearing to review the matter. The hearing date was granted, and a 6-page legal memorandum was prepared in defense of the charge. At the hearing, the magistrate did not issue the complaint.
RESULT: Memorandum Filed, Magistrate Does Not Issue Complaint, No Record

January 23, 2025
Leaving the Scene of Property Damage
Client was a Marine accused of hitting a tree with his car and driving away. Client was arraigned and Attorney Barabino provided a great deal of documentation to the Court and the Assistant District Attorney on why the case should not move forward. The Assistant District Attorney agreed with Attorney Barabino that there were facts questioning the validity of the charge. Client happily agreed to take a four-hour Brains at Risk class in exchange for his case being left open for six months with no admission of wrongdoing. After these six months pass, his case will be dismissed.
RESULT: NO admission of wrongdoing. Case to be dismissed in six months after client takes a class. NO conviction, fine, or license suspension.