» Alcohol

March 27, 2017
Assault
Threats to Commit a Crime
Client was a hardworking professional with a limited prior record. He was charged with Assault of his girlfriend and making threats. According to police, after a night of drinking he made threatening gestures and statements, all of which were supported by police charges. Client wanted to resolve the matter without delay and take responsibility. However, even though the District Attorney presented a reasonable recommendation, it included the lengthy forty-two-week (42-week) Batterers Intervention program. Also, the District Attorney wanted random drug testing. After a hearing, the judge agreed with Attorney Barabino that the prior two conditions were not necessary as long as defendant agreed to remain alcohol-free.
Result: No Batterers Program Required and No Drug and Alcohol Screens. CASE DISMISSED AFTER ONE YEAR

July 12, 2016
Assault and Battery
Client was a hard-working electrician accused by a family member of assault and battery. The family member was relentless in her pursuit, alleging long-term abuse. In this event she alleged that long-term abuse by an alcohol-abusing family member resulted in a bruise on her leg and PTSD. After intensive discovery pursuits of relevant materials, the case was scheduled for trial. On the day of trial, a last-minute deal was struck whereby the defendant was to admit to “sufficient facts” for the charge and agree to be on probation for a period of a year. He would also complete an anger management program and alcohol screens—only if an independent evaluator determines he has a problem with alcohol. Otherwise, if the conditions are met, after one year, his case will be terminated with a dismissal.
Result: Assault and Battery, CONDITIONAL PROBATION WITHOUT GUILT.

June 1, 2016
1st OFFENSE OUI- Liquor or .08%
Marked Lanes Violation
Client was a young man who was having substantial substance abuse issues. He was in a motor vehicle accident and was clearly intoxicated. As the client resided out of state, Attorney Barabino arranged for probation to be transferred and negotiated with the district attorney to resolve the matter on the same day as arraignment. No restitution needed to be paid. A finding of not responsible on the civil citation was determined. At the plea hearing, the judge sided with Attorney Barabino and granted the defendant a Continuance Without a Finding (CWOF), allowing the case to be dismissed. No drug or alcohol screens. All on the same day.
Result: Same day PLEA, out of state OUI-alcohol, open container, NOT RESPONSIBLE

May 7, 2014
Negligent Operation of Motor Vehicle
Fireworks, Possession Unlawful
Client was a bright college student and band member. He was charged with Negligent Operation of a Motor Vehicle and Possession of Fireworks. According to a state police report, he was parked on the left side of the highway, asleep in his vehicle. When police interviewed him, he had alcohol on his breath and his eyes were bloodshot. Yet unusually, the police only charged him for Negligent Operation of a Motor Vehicle and also for fireworks that were within the motor vehicle and are a criminal offense under Massachusetts law. Attorney Barabino presented to a clerk magistrate the facts and background and the magistrate eliminated the fireworks charge. Once arraigned on the remaining charge, an agreement was made with the Commonwealth whereby some conditions would be met with administrative probation on the assurance that the matter would be dismissed upon all requirements.
Result: APPLICATION OF COMPLAINT FOR UNLAWFUL FIREWORKS POSSESSION, DISMISSED, Upon satisfaction of certain conditions, NO CONVICTION.