» Attorney

August 30^th 2018
Negligent Operation of a Motor Vehicle
Speeding
Marked Lanes Violation
Failure to Stop
Client, a bank professional with no prior criminal record, was charged with the above criminal offenses. According to police, he was driving at speeds well over 100 miles per hour and failed to stop his vehicle when officers insisted that he do so. Attorney Barabino was hired, and at a Clerk Magistrate's hearing, Defendant himself testified and provided evidence to mitigate the circumstances of the incident in question. Defendant testified as to his clean criminal record, his clean Registry of Motor Vehicles (RMV) record, and his genuine remorse over what happened. As a result, no probable cause was found for the criminal violations and Defendant agreed to pay $400.
RESULT: NO PROBABLE CAUSE FOR CRIMINAL VIOLATIONS, Defendant pays $400.

October 28th 2016
Shoplifting by Asportation
Client was a young man who stole and was caught doing so. He admitted to doing what he did, but felt embarrassed and apologetic. Fortunately, he was given a clerk magistrate hearing. He hired Attorney Barabino, who took him to the hearing and acknowledged his wrongdoing and asked for consideration. The police and court determined that based on various factors that they would not issue the charges. No complaint to issue. Never appears on a record.
RESULT: NO COMPLAINT TO ISSUE

November 24^th 2015
Negligent Operation of Motor Vehicle
Operating Motor Vehicle with License Suspended
A smart, hard-working young computer engineer was charged with negligent operation of a motorcycle, speeding, and license suspension. According to police, she was traveling close to ninety miles an hour when she “goosed it” and tagged the back of a truck. Her pelvis, leg and shoulder were broken. After witnesses spoke to police, a determination that she was driving negligently was made and she was criminally cited. Also, because of her less than stellar driving record, a plea negotiation was agreed to where she would be required to take two driving courses and be on probation for a year with no attendance needed. Moreover, the plea allowed for her to take an “Alford Plea”, which means she didn’t admit she did anything wrong, important for her civil personal injury case. Also, no license loss as part of the agreement.
RESULT: ALFORD PLEA allows for rights preserved and NO ADMISSION OF WRONGDOING. NO LICENSE LOSS. CASE DISMISSED in a 12 months.

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

November 4^th 2015
Negligent Operation of Motor Vehicle
Marked Lanes Violation
License not in Possession
A young man had swerved off the road and struck a telephone pole. It was a single-car accident and police responded quickly and professionally. Client was transported to the hospital with injury. After two court dates and consultation with the District Attorney, a disposition was entered with the court. The result was an agreed upon dismissal in 90 days time. Also an entry of not-responsible was entered on Marked Lanes Violation as well -an otherwise additional small victory which prevented a surcharge and points against insurance.
RESULT: As long as Client remains arrest-free for ninety (90) days and enrolls in a half-day program called “Brains-at-Risk” this case to be DISMISSED. Client ADMITS TO NOTHING and still retains the PRESUMPTION OF INNOCENCE.

October 2^nd 2015
Trafficking in Oxycodone
Felon in Possession Firearm
Conspiracy
Armed Career Criminal (ACC)
According to Federal Agents, the defendant was participating in a drug distribution ring that had an international reach. Although, not a central player by any stretch, police felt strongly enough to set up controlled “buys” at the defendant’s home. The federal government utilized their many resources, which included wiretaps to record transactions inside the home. Fortunately, the federal government lost interest in the case as their “informant” was charged with drug dealing himself. The state took over the operation and their highly skilled prosecutorial team moved forward with the case. The case was as complex as any drug case could be. After a thorough review of the massive amount of data provided, Attorney Barabino filed a Motion to Dismiss the Armed Career Criminal or ‘ACC”, which is a sentencing enhancement. That well written motion was allowed by the judge and that particular indictment was dismissed. Once that indictment was dismissed, Attorney Barabino went to work on attempting to dismiss/reduce the remaining indictments, challenging the weight of the narcotics. In summary, he called in question the method that the Commonwealth uses to weight out and eventually charge people. He hired an expert and argued the motion with a lengthy and detailed memorandum of law. Although denied after a 6-month review by the judge, Attorney Barabino appealed it to a single justice of the Massachusetts Supreme Court, and eventually the full Bench of the Massachusetts Supreme Court. Disappointed that they did not take the case, he continued his advocacy. With the aide of another co-defendant lawyer, a loophole in the search warrant discovery process was determined and a partial motion to suppress was allowed. The result was after years of intense litigation, and an outstanding advocacy from the Commonwealth’s attorney as well, an admission of guilt was rendered with a penalty of a $50 fine. All remaining counts were dismissed. No Minimum Mandatory Sentence.
RESULT: Motion to Dismiss Armed Career Criminal, ALLOWED, Motion to Suppress, ALLOWED (In part), APPEAL to Massachusetts Supreme Court.

August 15^th 2015
Client wanted the best SORB attorney he could find. Client was a young man who was accused in a different state. The SORB preliminarily classified him as a LEVEL III offender—the highest risk to reoffend. As a juvenile, client was caught in a FBI sting and accused of possession and distribution of child pornography. Moreover, he had an unsubstantiated sex-related accusation and intermittent drug involvement (Note: drug and alcohol use is a disinhibitor and weighed accordingly in their formal decision making process). In the end, client's family hired Attorney Barabino. Attorney Barabino spend countless hours interviewing and preparing a witness. Attorney Barabino prepared and submitted nearly 21 pages of written motions detailing various legal issues to the Board. In the end, a full and fair evidentiary hearing was held. The petitioner was allowed, through his counsel and witnesses, to inform the board of lawful defenses. Client receives notice that no registration is required.
RESULT: Client’s LEVEL III Status, LOWERED FROM LEVEL III TO NO LEVEL. NO REGISTRATION NECESSARY.

July 27^th 2015
Shoplifting By Asportation By Recording False Value
Shoplifting By Asportation over 100
Client was a young adult and senior with unlimited potential. According to police, he made a massive reduction in the cost of items via a friend who was working as a cashier. The police, professional and respectful, allowed this matter to heard at a clerk magistrate's hearing. Attorney Barabino prepared details and background of client and reached out to people involved. At the hearing, all parties were heard and the opportunity to pay back the money was sufficient to have no complaint issue. Record of names remains fully intact. Clean records remains.
RESULT: PAYMENT OF RESTITUTION IN FULL, NO COMPLAINT ISSUED AGAINST CLIENT, CLEAN RECORD Remains Fully Intact.