» Case Dismissed

Cocaine Dismissed

December 20th 2019
Possession of Cocaine
Client was a hard-working contractor. According to Police, was seen purchasing cocaine from someone and was pulled over by police. When he was pulled over, he freely and politely admitted that he had purchased cocaine. Police gave him a summons to appears in court and before he had to appear Attorney Barabino got him tested for drugs and obtained a clean drug screen. When they both appeared in court, Attorney Barabino was able to negotiate a deal whereby the court would extend his arraignment for 3 months and during that time if client is tested and clean, he will never be arraigned and the case dismissed, BEFORE the arraignment. That day has come, and the case was DISMISSED prior to arraignment. There is no trace of the charges in any court record.
RESULT: District Attorney Agrees to PRE-ARRAIGNMENT Drug Testing and Case is DISMISSED.

1st OFFENSE, 90/24D Disposition

October 29th 2018
FIRST OFFENSE OUI- Liquor or .08%
Open Container
Speeding
Marked Lanes Violation
Client, a young hard working-working professional was charged with Operating under the influence of Alcohol. In addition to the criminal charge she was given three separate "civil" citation(s) which included possessing an open container, speeding and marked lanes violation. According to Police in the early morning hours, client was speeding and weaving. She was found with a glass of beer, red bloodshot eyes and the smell of alcohol on her breath among other indicators of intoxication. Despite what appeared to be a strong case for the Government, she did have a strong defense. Despite the existence of this defense, client understandly, simply wanted to get the case wrapped up quickly, with the least cost and effort possible. As a result, Attorney Barabino was able to negotiate with the District Attorney a 1st offense disposition whereas, the charge will be dismissed after a one-year period. This is a fairly predictable result when the client has an otherwise clean record, no accident at the scene and no additional circumstances such as very high breath test result or disrespectful conduct to the officer. In addition to the 1st offense plea there was an agreement to dismiss all the "civil" infractions which is particularly important to avert an extended license suspension for the multiple surcharges which can result from civil infractions.
RESULT: 1st OFFENSE, 90/24D Disposition, Civil Infractions found NOT RESPONSIBLE.

CHARGE DISMISSED on DAY OF TRIAL

September 26th 2018
Assault and Battery
Client, a young hard-working builder was accused by his girlfriend of assault and battery. The charges were weak and a product of her serious mental illness. Although serious mental illness doesn't mean your allegations are untrue, it can cause people to act irrationally and aggressive and this was one such case. She jumped on his bed while sleeping and threatened to break his television. And he simply refused to engage her hysterics. However, when police came to the house they saw her in bare feet and arrested him, as they assumed, according to the report, that given that she was in bare feet in 35 degree weather and the statements that client was likely the aggressor and he was charged. Attorney Barabino and client confidently requested a trial date and at the trial she did not appear so the case was DISMISSED.
RESULT: CHARGE DISMISSED on DAY OF TRIAL.

Two Counts of Indecent Assault and Battery, NOT GUILTY

September 13th 2018
Indecent Assault & Battery Under 14
Indecent Assault & Battery Under 14
Client was long-time senior government manager for the Commonwealth of Massachusetts. Highly publicized accusations cost him nearly everything, with even the Governor of Massachusetts making his position on case known to the media. This was the second round of accusations against client of these charges. After three days of trial, 14 witnesses, exhibits, computer evidence, testimony, and the defendant taking the stand in his defense, client received a verdict of "not guilty" on both counts.
RESULT: Both Counts, NOT GUILTY.

Negligent Operation, Speeding, Marked Lanes Violation, Failure to Stop, NO PROBABLE CAUSE FOR CRIMINAL VIOLATIONS

August 30th 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.

Assault, CONDITIONAL CASE DISMISSAL

August 23rd 2018
Assault
Client was a hard-working father, husband and employee. Objectively significant obstacles resulting in him disciplining his insubordinate daughter resulted in criminal charges of abuse. Shortly after the charge, Immigration and Naturalization took him into custody. His lawyer for his immigration case was able to secure his release from custody. Attorney Barabino worked with all involved, including the Department of Social Services and the District Attorney. In the end, the case will be dismissed with Pre-Trial Probation, which is not probation at all. As long as he stays out of trouble for nine months, this case will be dismissed with no admission of guilt. Client maintains the presumption of innocence and his clean record.
RESULT: CONDITIONAL CASE DISMISSAL

Application for Complaint, DOES NOT ISSUE.

August 2nd 2018
Assault
Client was working his second job as a manager for a restaurant when a patron made repeated complaints. After trying to resolve the situation to the patron's satisfaction, the man (a lawyer), said he would tell his Twitter followers and began taking pictures. After being asked to leave, the patron complied and was escorted out by client. However, when patron was just about to leave, he turned back around and bumped into client and patron. Police were immediately called. The patron declared that he would sue, and he was given a settlement by the owner of the restaurant to avoid the cost of litigation. In the end, Attorney Barabino came to the hearing with videotape, statements, witnesses and other exhibits. After a hearing, the complaint did not issue. It will remain open for six months, assuming no other concerns.
RESULT: Application for Complaint, DOES NOT ISSUE.

Assault and Battery with a D/W (Dangerous Weapon), FELONY DISMISSAL

April 24th2018
Assault and Battery with a Dangerous Weapon
Client, a young adolescent, was being bullied and simply didn’t want to be bullied any longer. Finally, client decided to challenge bully to fistfight and subsequently won the fight. However, after the fight bully and called police and an investigation followed. According to police, client had hit him multiple times, resulting in a concussion and other small injuries. However, the medical documentation that the District Attorney sought was not available and co-defendants that had also been involved in the fight were not able to provide evidence. In the end, Attorney Barabino and client sought and received a jury trial date and when the person who made the complaint failed to appear as a witness at the trial date, the case was forced to be dismissed. Felony Case Dismissed.
RESULT: Assault and Battery with a D/W ( Dangerous Weapon), FELONY DISMISSAL

Illegal Drug Possession, NEW TRIAL AND DISMISSAL

January 5th 2017
Criminal Procedure Rule 30: Post-Conviction Relief- New Trial
Drug, Possession Class B (Cocaine)
Client was a hard-working business owner and professional who sought to undo a past mistake. Years ago, after having been found guilty of possessing cocaine, he wanted to reverse that conviction. His contraband had been tested by a known, discredited lab chemist. The result was that a good faith basis to reverse the conviction was filed with an affidavit, memorandum, and certified supporting documentation. That package was filed with the court, and a hearing date was scheduled. In the interim, Attorney Barabino met with the District Attorney who was in agreement with his request. The Commonwealth did not file opposition. In the interest of justice, the motion for a new trial was allowed, and the case was dismissed.
RESULT: Motion for New Trial, ALLOWED, CASE DISMISSED.

Sex Charges, ALL CHARGES DROPPED, CASES DISMISSED, NO SEX OFFENDER REGISTRATION. 

August 7th 2014
Indecent Assault and Battery Child Under 14
Assault and Battery
Assault and Battery
Client was charged with kissing an eleven year old on the lips and assaulting and beating her as well as assaulting and beating his pregnant girlfriend. As the case was moving though the court system, he was once again charged for assaulting and beating his girlfriend. Via a Martins Hearing, those secondary charges were dropped, leaving the remaining sex related charge and the remaining assault and battery to argue. The girlfriend had been adamant that nothing physical occurred when she was interviewed by police and kept that position right up to the day of trial. At the day of trial, the young woman who was the complainant of the sex charge did not appear for court and the girlfriend who was now the defendant’s wife asserted her marital privilege, leaving the cases dismissed. The sex charge would be a required sex offender registration with the sex offender registry, but since it was dismissed, that will never occur. All charges dismissed.
RESULT: ALL CHARGES DROPPED. CASES DISMISSED. NO SEX OFFENDER REGISTRATION.