Recent Cases

2nd Offense OUI, reduced to 1st Offense OUI.

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.

Before Arraignment, Case Dismissed.

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.

Restitution Paid by Agreement and the Case Does Not Get Issued.

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.

Magistrate Declares No Probable Cause to Issue Complaint Against Client.

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.

Motion to Dismissed, ALLOWED, Case DISMISSED.

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.

Memorandum Filed, Magistrate Does Not Issue Complaint, No Record

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

NO admission of wrongdoing. Case to be dismissed in six months after client takes a class. NO conviction, fine, or license suspension.

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.

All Charges and Violations Dismissed Prior to Arraignment

January 22, 2025
Operating on a Suspended License
Operating an Uninsured Motor Vehicle
Operating an Unregistered Motor Vehicle
Number Plate Violation
Unregistered Motor Vehicle
Motorcycle Helmet Violation
Client was an established professional who for a variety of reasons made a variety of oversights pertaining to his motorcycle. If arraigned, Client would have a criminal record. For his professional career, the goal was to avoid this. With Attorney Barabino’s support and guidance, great efforts were taken to remedy each infraction so Attorney Barabino could ask the Court for a dismissal prior to arraignment. This included Client buying a new helmet and registering and insuring his vehicle. Attorney Barabino helped client prepare an affidavit affirming that he took these steps and this was submitted to the Court along with the supporting documentation. On the scheduled day of arraignment, Attorney Barabino requested a dismissal, prior to the arraignment. The attending Assistant District Attorney acknowledged Client and Attorney Barabino’s hard work and agreed. All charges dismissed prior to arraignment and motor vehicle violations are not responsible.
RESULT: All charges DISMISSED prior to arraignment. Client has NO criminal record. No fines and fees

Threats

January 7, 2025
Threats to Commit a Crime
Client was a wonderfully pleasant woman who was charged with threatening her mother. Client had had a troubled relationship with her mother who lived with her. The mother made allegations of threats against Client. Client went unrepresented to a magistrate hearing and the complaint issued against client. The complaint issued. Then, Client hired Attorney Barabino and judge allowed a motion for pre-trial diversion which would avoid an arraignment, and she entered therapy. However, she had a family loss and could not comply with the requirements of diversion. As a result, client was arraigned, and we accepted nothing accept dismissal. As a result, a trial date was requested and after the 2^nd trial date, a dismissal was entered.
RESULT: Dismissed At Trial.

2nd Offense OUI, reduced to 1st Offense, Negligent Operation and Failure to Registration DISMISSED.

January 3, 2025
OUI 2^nd Offense
Negligent Operation of a MV
Expired Registration
Client was all around super pleasant hardworking father who was charged with a 2^nd offense operating under the influence of alcohol, negligent operation of a motor vehicle and expired registration. According to police, client was driving on the highway when a concerned motorist reported client as likely intoxicated. Police investigated and found client parked at a gas station with the vehicle running and a missing tire. Client admitted to police that he was intoxicated and unable to responsibility drive. Client agreed to the breathalyzer and was double the legal limit. Client also had a prior offense from over ten years ago. After a full review with client, we decided to seek a tender of plea. The district attorney sought a guilty conviction with a suspended jail sentence, two-year loss of license. On a plea, the judge declined to the Governments recommendation and agreed with Attorney Barabino that the case should be charged as a first offender, not a second offender, and also given a continuation without a finding (CWOF) and not a guilty which means the charge will be dismissed after a year of probation and 1^st Offender program, not the 2-week impatient program requested by the government. The Commonwealth also agreed to dismiss the remaining charges.
RESULT: 2^nd Offense OUI, reduced to 1^st Offense, Negligent Operation and Failure to Registration DISMISSED.

Free Consultation