Recent Cases

June 25, 2024
Carrying Firearm without a License
Carrying a Dangerous Weapon
Assault and Battery
Ammunition without an ID Card (4 Counts)
Client was a very pleasant, hardworking father who was accused of striking his child. Police arrived and saw what appeared to be marks indicating he struck his child. They then discovered several knives, tactical vest, ammunition and finally a flare gun that he had inserts which made the flare gun capable of firing ammunition. Client was arrested and detained in a 58A Dangerousness Hearing. A Dangerousness hearing is a hearing where the court determines if no bail should issue, and the person be required to stay imprisoned---essentially, pending trial. Here, the hearing the held and Attorney Barabino was successful in obtaining his clients release from custody. Eventually, over the course of a year experts were consulted and retained. A trial was scheduled. On the day of trial partial plea was entered where the client admitted to only the possession of the ammunition. The judge sided with the client and not the government and gave client probation on the ammunition. The Commonwealth dismissed all the remaining charges except the carrying the firearm. The trial was held for carrying a firearm without a license. The verdict was not guilty for carrying the firearm.
RESULT: Not Guilty of Carrying a Firearm-Avoids Mandatory Jail Sentence.

June 11, 2024
Trespassing
Shoplifting by Asportation
Client was a very pleasant established widow who was charged with trespassing and shoplifting. She had a no-trespass order against her as she had attempted to shoplift from the same location on a prior occasion and was not charged but given a no-trespass order. She did not comply with the requirement of the original no trespass order and tried to shoplift a second time. She was stopped by law enforcement and given a notice to appear at the magistrate hearing. Attorney Barabino sought her a therapist and she had that visit combined with an affidavit submission. In the end, for a variety of reasons the police and magistrate extended her the consideration of the charges not being issued against and she retains a clean record.
RESULT: Magistrate Does Not Issue Shoplifting (And Trespass) Charges.

June 6, 2024
Domestic Assault and Battery
Client was a hard-working married state employee who was charged with Assault and Battery on a Household Member. The police were called to the home for a 911 hangup call. Police arrived and began the interviewing the parties involved. The police had bodycam which recorded a long exchange between the defendant and the police. Client was arrested. In this case, the client was particularly conversant with police and there was a significant interview via the police body cam. The client’s intoxication was also apparent via the bodycam. Fortunately, there was no 911 recording alleging abuse, also, there was no claim or visible injuries, or medical records, also there were no 3^rd party witnesses and finally, no request for a restraining order. Since there was little evidence of a crime, besides the allegation of the crime, that allowed the ability to demonstrate to the District Attorney the likelihood that this case will not succeed. A long affidavit was drafted and submitted to the Government further demonstrating the likelihood of success was minimal. Those factors combined with the spouse who would clearly assert her marital privilege at trial, resulted in the District Attorney simply agreeing to 180 of staying out of trouble and a dismissal, if successful was entered on the first court date—post arraignment.
RESULT: Generally Continued for 6 Months.

June 3, 2024
Restraining Order Hearing
Client was very pleasant software professional for a large insurance company. He was living at a location where he had several roommates. He had had a continuous problem with one particular roommate. That roommate was also a pleasant professional, however, he believed that client was threatening him and antagonizing him and sought a restraining order against client. A hearing was scheduled. Attorney Barabino and client, and one witness began preparations, and the hearing was held. The petitioner was questioned on his claims and then we had client testify. In the end, the judge declined to issue the order against client.
RESULT: Judge Declines to Issue Order Against Client.

May 16, 2024
Conspiracy
Breaking and Entering for a Misdemeanor
Threat to Commit a Crime
Attempt to Commit a Crime
Witness Intimidation aggravated (2 Counts)
Client was a young teen engaging in a social media challenge. That challenge resulted in the police being called. There was more than one incident. The “challenge” was that young people harshly knock on a random stranger’s door and run away. The homeowner was rightly concerned as he did not know the intentions of the people doing this to him. They found it concerning and disturbing. A second time, the challenge occurred, and the homeowner was able to detain one youth. Also, during this exchange there was a statement made to the homeowner that was intimidating of the person. Also, shortly after this, client apparently sent out an offensive snapchat.com message about the police officer that was investigating. As a result, several charges were filed, some felonies. The family didn’t wait to take action to redirect the young man to more supervised and productive behaviors. They initiated a wide range of rehabilitative and punitive remedies---all with love of ensuring that a good kid stays a good kid without a criminal record. In preparation for the hearing, the police reports were obtained and a super detailed memorandum arguing against probable cause was filed as well as affidavits of the family members. In the end, the magistrate was content with client continuing to do the great work that he was doing under the direction of his parents, as well as a letter of apology to the homeowner. The charges do not issue against Client.
RESULT: Magistrate Declines to Issue Complaint, Preserving Record.

May 15^th 2024
Secretly Photographing or Videotaping a Nude or Partially Nude Person.
Disorderly Conduct.
A most pleasant and accomplished was traveling from Boston to the West Coast. Client was an accomplished and well respected post-doctoral level senior analyst and liaison government agency. Client had an excellent reputation and possessed a top-security clearance due to the sensitive nature of his work. While in the airport bathroom he was accused of snapping a photograph of a young man in the adjoining bathroom. A brief interaction and dispute occurred among the two and eventually, client was arrested at the scene. He was brought to court and charged with videotaping a (partially) nude person and disorderly conduct. He was placed on a high cash bail and the case was referred to the superior court department for consideration of indictment given the seriousness of the charges. Without delay, at my request, client flew to a prearranged expert in matters relating to the type of behavior. That expert performed a detailed in-depth summary. In that time, much discussion review of the client, his background and history were examined and communicated with the representative District Attorney. After much review, a detailed review of the phone over the year, an agreement was made to stop the prosecution for a period of 18 months, the client agree to go to therapy during this period and he does not have to return to court, the matter will simply be dismissed.
RESULT: Government Ceases Prosecution of the Matter---and Agrees to Dismiss, Pending 18 Months Therapy Completion.

May 14th 2024
Unlawful Possession of Theft Detection Device Deactivator or Remover
Unlawful Deactivation or Removal of Theft Detection Device
Shoplifting by Concealing Merchandise
Client was super hard-working father with a lot of responsibilities with his two jobs and several children of various ages. Here, client was shopping when he used a device known as a Q4 Security Peg Key which is used to remove merchandise from anti-theft containers. He was seen taking some of the items and was confronted by security. He respectfully cooperated and police came, and they arrested client. The charges were, in part, felonies, and they are also crimes of moral turpitude, so for non-citizens, as he was, this would be serious immigration consequences if he even admitted to one. A deal was eventually struck where he would perform a remedial program and the case would remain open for a year---and no admission of wrongdoing—or immigration consequence.
RESULT: Motion for Judicial Diversion Filed, PTP Offered and Accepted.

May 7^th 2024
Shoplifting by Concealing Merchandise
Shoplifting over $250 by Concealing Merchandise
Shoplifting over $250 by Concealing Merchandise
Client was a pleasant young married woman with no criminal record. She went shopping to in a high-end cosmetics store and on three separate occasions she took item(s) that did not belong to her—stole them. On the third occasion she was confronted by security, which included a very brief physical touching. Security at this location had identified client before but had not apprehended her. On the last event, security reported to police and police inquired and tried to interview client and she denied the allegations. She was served with a summons to appear before a clerk magistrate and had two months to prepare for the hearing and that included, going to a therapist to review her behavior and remedy the underlying reasons for the theft (Often times, there is a depression, anxiety or anger that can cause someone to repeatedly take something when they can pay). We developed a long background memorandum on client, we also sent her to a online shoplifting course, and finally prepared to pay restitution. In the end, there was an agreement to not issue the complaint if she completed 25 hours community service as well—to which we embraced as the complaint does not go forward and still has no criminal history or record.
RESULT: Complaint Does Not go Forward to Arraignment.