» Attorney Barabino

October 3^rd 2016
Shoplifting by Asportation
Client took items that did not belong to her. To summarize, the acts that she committed were sufficient for a charge and conviction of shoplifting. However, the clerk magistrate hearing process in Massachusetts allows for representation by an attorney at the hearing. In this case, Attorney Barabino was selected. He went to the scene of the incident, conducted a detailed review with client on her background, and had a discussion with the storeowner. After the hearing—no issue processed. Client free to leave with no evidence of any charge ever being filed. No Charges Issue.
RESULT: NO COMPLAINT TO ISSUE

July 21^st 2016
Sex Offender Registry Board
Client was an older gentleman who was successful in every aspect of his life. However, abuse of alcohol led him to act on sexual impulses. He was represented by another counsel at a plea in Superior Court for sexual abuse. Shortly after his plea, he was instructed to register as a LEVEL II offender. Attorney Barabino and client sought to challenge the LEVEL II designation. After thorough preparation and review, a hearing was scheduled. At the hearing, Attorney Barabino and client made their case to the SORB official. After months of waiting on the final decision, the SORB reclassified client to LEVEL I, which allows him to avoid public dissemination of his status.
RESULT: SORB sex offender level reduced from LEVEL II TO LEVEL I

July 14^th 2016
Unlicensed Operation of a Motor Vehicle
RMV Signature, Forge, Misuse Section
Speeding in Violation of Special Regulation
Client was a chief who was charged with driving on a false license, doing so illegally, and speeding. He was an otherwise reputable member of the community. Charges were negotiated and resolved in just two court appearances. Client paid court fee at conclusion of matter in court and no record for an employer or immigration.
RESULT: Charge of Unlicensed Operation & Speeding, DISMISSED, NO FINE. Forging RMV signature, DISMISSED on $250.00.

July 7^th 2016
Deface Property
Client was a hard-working rug maker who had recently suffered immense hardships. Those hardships culminated in him developing a severe alcohol problem. After he drank one time, he took out his aggression on a neighbors’ vehicle, breaking the glass. His legal concerns included penalties, immigration consequences, and a criminal record. After a few court dates, an investigation, and consultation with the very responsive district attorney office, an agreement was made to allow the case to be dismissed, as long as any out of pocket cost were paid.
RESULT: Deface Property, DISMISSED, In three months, NO ADMISSION TO WRONGDOING.

June 1st 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 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. Not responsible on the civil citation 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 in same day.
RESULT: Same day PLEA, out of state OUI-alcohol, open container, NOT RESPONSIBLE

May 10^th 2016
Conspiracy to Violate Drug Law
Intimidation of a Witness
According to jail security, client, who was an inmate, was involved in a scheme to have drugs brought into the jail. He was a target because he had been involved in drug dealing before. The case was developed with great detail by the investigators. They assembled recordings of phone calls, collected physical evidence, and found a participating co-conspirator to admit to the scheme. Then yet another co-conspirator admitted to the scheme. The drugs were sent to a laboratory for testing and were positive and the case was almost ready for trial. As the case proceeded, one of the four co-conspirators plead out to a sentence; then a second co-conspirator admitted his guilt and then another plead guilty. Only Attorney Barabino’s client remained, who had no such intention to plead guilty. Although he had been involved with drugs in the past—he was not guilty and was not going to admit to being so. Soon, after a separate motion to suppress the identification was held to preserve his rights moving forward, a trial date was set. The day of trial came and the required co-conspirator to prove the crime did not appear and the case was dismissed in full.
RESULT: All Charges DROPPED/DISMISSED

January 12^th 2016
Domestic Assault and Battery
Client was a hard working nurse, wife, and mother. According to witnesses, she drank a bit too much and slapped her husband several times. Department of Children and Family Services were called but declined to investigate further. At arraignment, Commonwealth sought random alcohol screens and Attorney Barabino argued they were not necessary as a condition of release. The court agreed with Attorney Barabino, and the case was dismissed at trial with a marital privilege exception.
RESULT: DISMISSAL

November 16^th 2015
Firearm Carrying with Ammunition
Firearm Carrying without a license
The defendant was a passenger in his mother's car when it was pulled over by Massachusetts State Police. When State Police noticed he wasn’t wearing a seat belt, they wrote him a citation. When they wrote him a citation, they noticed he had active warrants. The police testified that when defendant provided his license to police, they noticed that he slid a small black pistol in between the seats. After the Defendant was arrested the police located and secured a small black revolver. After a motion to suppress, the case was set for trial. Ballistics experts, fingerprint experts, and various witnesses were called. The coordination was tedious, but all the pieces needed to be in place for the trial to begin. After five separate trial dates, the court dismissed the case, without prejudice. However, if the case is brought back to court, Attorney Barabino can move to dismiss the charges for failure to comply with time standards.
RESULT: DISMISSAL WITHOUT PREJUDICE ON ALL CHARGES. Upon re-applying for charges in future, Motion to DISMISS to be considered by court