» Application for Complaint

Permitting Unlicensed Operator, APPLICATION FOR COMPLAINT DISMISSED PRIOR TO ARRAIGNMENT

October 21st 2014
Permitting Unlicensed Operation of a Motor Vehicle
Client was a hard working kindergarten teacher who allowed her husband to drive her motor vehicle without a license. He has since obtained his permit, and upon providing verification of a full and authenticated license, will have this matter be closed. No complaint ever issues.
RESULT: APPLICATION FOR COMPLAINT DISMISSED, PRIOR to Any Arraignment.

Suspended License Violation, APPLICATION FOR COMPLAINT DISMISSED PRIOR TO ARRAIGNMENT

July 17th 2014
Operating Motor Vehicle with Suspended License
Client was a hard working, perfect SAT-scoring engineer, who was simply accruing too many moving violations, which confusingly triggered multiple license suspensions. After clearing up one of the violations in a different court, the above complaint issued, but fortunately he applied for and received a clerk magistrates hearing. The clerk magistrate was diligent, fair, and respectful. He stated that if three months were to elapse without any further offenses, client should expect no complaint to issue. Client appeared with Attorney Barabino and the case was in fact dissed, prior to arraignment, and the paperwork shredded by the court.
RESULT: Application for Complaint DISMISSED, PRIOR to Arraignment.

Multiple Counts of Leaving the Scene of Personal Injury, APPLICATION FOR COMPLAINT DISMISSED PRIOR TO ARRAIGNMENT

April 13th 2014
Salem District Court
Leaving the Scene of Personal Injury
Leaving the Scene of Personal Injury
Leaving the Scene of Personal Injury
Client was a diligent university student who needed representation. According to police, he Left the Scene of Personal Injury for two damaged vehicles and a broken fence. With an expectation of a law enforcement career, a decision by the clerk magistrate and police to issue the complaint would have been very hurtful for client's prospects. A full and truthful hearing was held and all the facts were listened too. The police, the court, and all involved were fair and judicial. Taking everything into consideration and after a hearing, they did not issue the complaint.
RESULT: Application for Complaint DISMISSED, PRIOR to Arraignment.

False Prescription, APPLICATION FOR COMPLAINT DISMISSED

July 22nd 2013
Uttering a False Prescription Section 94C Section 33E
Client was a licensed professional who had been caught by law enforcement passing a false prescription for a narcotic. The evidence was clear, and the police did an investigation that was accurate, professional and proper. The client had no criminal record, and the police were receptive to negotiating the matter. Attorney Barabino was able to meet with law enforcement prior to the magistrates hearing and at the hearing produced mitigating documentation, which included prescription history as well as evidence of new drug screen and related matters. As long as client does not re-offend and remains out of any criminal conduct, the matter will be dismissed without client ever appearing in a courtroom and more importantly without any stains on her criminal record.
RESULT: Application for Complaint, DISMISSED.

Operating to Endanger, APPLICATION FOR COMPLAINT DISMISSED

November 8th 2012
Operating to Endanger Chapter 90 Section 24
Client was an out-of-state college student who was charged with Operating to Endanger. According to police, client was driving in the early morning hours when he drove through a stop sign and into several parked motor vehicles causing over $100,000 of damage to two vehicles, a motorcycle, and a portion of a home. In the end, application for complaint was dismissed.
RESULT: Application for Complaint, DISMISSED.

Threats, APPLICATION FOR COMPLAINT DISMISSED

March 9th 2012
Threats to commit a crime Chapter 275 Section 2
Client, an employee of a local hospital, was charged with threats against the new girlfriend of her ex-boyfriend. The police alleged that she repeatedly called the woman with nearly fifty texts and finally threatened to hurt the other person and made a voicemail stating that she was “on her way”. Client was very concerned since this would be her first criminal offense. Client took steps prior to the hearing that included therapeutic treatment and aftercare for her unstable emotional state. Attorney Barabino presented the medical documentation along with an explanation of what occurred. After hearing from both parties, The Clerk Magistrate was in agreement that a resolution to keep it open for six months and that no complaint would be filed. The application for the complaint would be dismissed in six months. This case would never appear on client's record, nor on any background check.
RESULT: Application for Complaint, DISMISSED.