» Clerk Magistrate Hearing

Successful Clerk Magistrate Hearing

December 10, 2019
Violation of a Restraining Order
Clerk Magistrate Hearing
Client was a hard-working single mother of four (4) children. In this case, she was charged with violating a harassment order against a former friend who made salacious allegations including threats which would clearly be a violation of the order. Fortunately, a clerk magistrate hearing was held where Attorney Barabino and client were prepared and offered evidence that was contrary. Ultimately, after the hearing, the clerk indicated that given the totality of the facts, the complaint will NOT ISSUE. Client keeps a spotless record.
Result: Clerk Magistrate DOES NOT ISSUE Complaint.

DISMISSED, Pre-Arraignment

October 11, 2019
Failure to Stop for Police
A hard-working IT professional was charged with failing to stop for police. The process of resolving the case was lengthy—but the result was right. After a clerk-magistrate hearing was properly filed, a hearing date was set down. Prior to the hearing, all the investigation and preparation were done, including viewing the scene and taking photographs. When the date arrived, the police needed a continuance for personal reasons. A new date was set but the court placed the date down for an arraignment in error, since it should have simply been a new magistrate hearing. Attorney Barabino filed a motion to dismiss to ensure that a magistrate hearing was now scheduled. However, after a brief consultation with the District Attorney an agreement was made to simply dismiss the case, prior to arraignment. The key here is prior to arraignment. Since the charge was dismissed, PRIOR to arraignment it will never appear on his record.
Result: The Charge, DISMISSED, Pre-Arraignment.

Charges WITHDRAWN prior to MAGISTRATE HEARING

July 12, 2019
Assault and Battery (Felony)
Client was a very pleasant, highly accomplished young college student at a prestigious university in the Boston area. He was accused by police of beating, with another student, a fellow student. Fortunately, the out-of-state parent contacted Attorney Barabino early and he was able to quickly acclimate to the issues. The police were adamant that the hearing move forward and charges be issued. Despite the aggressive posture, Attorney Barabino was able to obtain a continuance to further examine the matter and advocate for his client. After a continuance was obtained, he began to assemble and examine statements and identified grave errors in the initial charging documents. He took that information to the leadership of the university and eventually met with counsel for the school—all prior to the magistrate hearing. Today, Attorney Barabino provides notification to his client from the school that the charges have been withdrawn.
Result: Charges WITHDRAWN prior to MAGISTRATE HEARING.

LEAVING THE SCENE

March 6, 2019
Leave Scene of Property Damage
Client was a young doctor who made light contact with another car and did not stop as directed under the law. She was summoned to court and Attorney Barabino was able to ensure that it was a clerk-magistrate hearing and not a summons for arraignment. A summons for an arraignment would be an automatic mark on her unblemished record. At that clerk magistrate hearing, all the issues were investigated and assurances that the other party was compensated. As a result, the court agreed to DISMISS the application for complaint.
Result: Application for Criminal Complaint, DISMISSED

Application for Complaint, DOES NOT ISSUE

August 2, 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 the patron was just about to leave, he turned back around and bumped into the client and another 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.

Evading Taxi Fare, DISMISSED

April 20, 2017
Evading Taxi Fare
A Boston University student was charged with evading a taxi fare. In this case, the fare was a particularly large amount of nearly five hundred dollars. The police believed in good faith that the defendant intentionally evaded the fare, and brought a complaint before a clerk-magistrate. Attorney Barabino reached out to all involved, got the fare paid, and at the hearing, client was found not responsible.
Result: CASE DISMISSED.

Annoying and Accosting, NO COMPLAINT ISSUED

April 6, 2017
Annoying and Accosting
Client made unacceptable and criminal statements. A substantive review of the client’s background revealed a history of participation in intense remedial programs, placing the client in an excellent position. These factors allowed the client to be reviewed for a probable-cause/clerk-magistrate hearing. New remedial efforts and an agreement to continue monitoring without court intervention were agreed to.
Result: NO COMPLAINT ISSUED.

Leave Scene of Property Damage, NO CRIMINAL COMPLAINT ISSUED, CASE DISMISSED

April 22, 2013
Leave Scene of Property Damage Chapter 90, Section 24 (2)(a)
Client was a hard-working professional with no prior criminal record. According to police, they received a report that the client had hit another person with a vehicle and left the scene. Client had no recollection of making any contact with any other vehicle. In fact, his recollection was an out-of-control woman yelling at him while he was parked at a stoplight, which he ignored. Prior to the defendant’s arraignment, Attorney Barabino filed a Motion to Dismiss with a memorandum of law. This motion was allowed and the matter was remanded back to a Clerk Magistrate’s Hearing at a later date. At the Magistrate’s Hearing, the Magistrate grilled the defendant and sought an additional date to continue the hearing. At the second date, the state police and Clerk Magistrate both took notice of the defendant’s lack of criminal history, the statements of the parties, and the insurance information declaring the woman was paid back all her out-of-pocket costs. The case was dismissed as a result. No record of the incident will appear on the client's record, anywhere.
Result: No Criminal Complaint Issued at Clerk Magistrate Hearing, CASE DISMISSED.