Recent Cases

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.

December 23, 2024
Kidnapping
Domestic Assault and Battery
Client was a young woman studying at a prestigious local college who had a tumultuous relationship with her boyfriend. Police alleged that Client locked him in his room and struck him. Client retained Attorney Barabino who immediately filed a motion to preserve electronic evidence which included key video, audio, and cell phone materials. After evaluating the case with Client, Attorney Barabino felt confident it would resolve and resolve favorably. Because of the charges, Client’s student visa was revoked so a goal was set to resolve the case in Client’s favor as quickly and efficiently as possible. That goal was achieved when Attorney Barabino was able to get trial viability and trial dates scheduled fast. At the trial viability date, which occurred this day, the Commonwealth acknowledged the insufficiency of the evidence against Client by moving to dismiss the charges.
RESULT: All charges DISMISSED. Client has NO RECORD. Client’s visa expected to be REINSTATED.

December 19, 2024
Assault and Battery
Client was a software engineer who was charged with assault and battery. According to the police report, client had had a female friend living with him when they had a late-night argument. The argument escalated into physical contact result in some minor marks on both client and the female friend. Each had clear and distinct stories about what had taken place that resulted in the police presence. Also, both client and other party each called police seeking law enforcement arrive to the home to assistance. The female party asked to be taken to the hospital which police facilitated. Normally, in situations like this, someone is nearly always taken in custody and charged the next day in court. However, in this case, the police exercised generous restraint and did not arrest either party. They filed for a clerk magistrate hearing and charged both parties. At the hearing, there was an agreement that probable cause for the charge does not exist, and the case was dismissed at the magistrate level, meaning no record of any criminal allegation.
Result: Cross Complaints Result in No Probable Cause.

December 10, 2024
Leaving the Scene of Personal Injury
Operating under the Influence of Alcohol
Unlicensed Operation of a Motor Vehicle
Negligent Operation of a Motor Vehicle
Client was a very polite hard-working client who was charged with OUI, Leaving the Scene of Personal Injury, Negligent Operation and Driving without a License. According to police, an accident occurred on the highway where it was alleged that client drove into the back of her while traveling at an estimated speed of approximately 100 miles an hour and after impact left the scene and drove away. The person who was hit from behind was sent to the hospital in an ambulance. Police responded to that accident scene and then received a call from a nearby homeowner who reported that a person was in his driveway with a seriously damaged truck. A large amount of police, fire and ambulance went to the scene, and with bodycams on interviewed the defendant who made an admission and then placed him in an ambulance. The case involved a large amount of body cam, reports, 911 calls and photographs. The charges were serious and would result in jail and for this client, immigration consequences as well. In the end, after well over a year, all charges were dismissed on the day of trial. All charges dismissed and client discharged with no record.
Result: All Charges Dropped at Trial: Dismissed in Full. Client Discharged.

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.