» Conviction

Assault and Battery Over 60, DISMISSED

February 1st 2018
Assault and Battery OVER 60/Disabled
Client was a Doctor of Research at a Pharmaceutical company when a family member suddenly struck him hard. He responsibly called the police to notify them of what occurred. However, after speaking to the person that struck him, the police determined that he was the aggressor and arrested him for this felony offense instead. Attorney Barabino prepared for trial confident in the innocence of his client and the strength of his case despite the severe consequences of a potential conviction--client would certainly lose his prosperous employment, be deported and separated from his wife and children (as he was on a “green card”), and possibly serve prison time as a convicted felon. At the day of trial, Commonwealth was unable to proceed as a necessary witness was unavailable, and Attorney Barabino requested that the court dismiss the charges. Dismissal was subsequently entered.
RESULT: CASE DISMISSED AT DAY OF TRIAL.

Larceny over $250, ADMISSION TO CHARGE WITH CONDITIONAL AGREEMENT FOR DISMISSAL

October 16th 2017
Larceny over $250.00
Client was a young man who stole over five thousand ($5,000.00) dollars worth of electronic goods from a chain store in the course of his employment there. The case against client was strong as the store had investigated the case for months and assembled a trove of electronic evidence. In addition, they secured an admission to the crime from client prior to him being formally charged. Negotiations continued for several months and parties involved reached an agreement: client would admit to the charge, he doesn’t pay any probation fees, agrees to take a half program to learn about theft, and pays back the money of the items that he stole. In the end, no conviction would appear on his record as long as he complies with the agreement.
RESULT: ADMISSION TO CHARGE WITH CONDITIONAL AGREEMENT FOR DISMISSAL

Probation Violations, WARRANTS RECALLED, PROBATION DISMISSED, ALL CHARGED DISCHARGED, NO JAIL TIME, NO CONVICTIONS

March 2nd 2017
Violation of Probation
Client had been on probation in two different courts for two separate felony charges. During her time on probation, she failed to meet with her probation officer and disappeared for more than two years. She was living out of state and had multiple holds for court warrants for her arrest. Fortunately, client turned her life around, by getting off drugs and staying clean. She coordinated with Attorney Barabino, who planned her arrival to the courts and probation department, resulting in both her cases having warrants removed, no jail time, no convictions, and dismissals.
RESULT: WARRANTS RECALLED, PROBATION DISMISSED AND ALL CHARGES DISCHARGED, NO CONVICTIONS, NO JAIL

Assault and Battery, CROSS COMPLAINT SECURES DISMISSAL

December 20th 2016
Assault and Battery
Client was a hard-working veteran and full-time US Army serviceman. He was charged with assaulting and battering his soon to be ex-wife. Conviction of such a crime would seriously threaten his military career. Fortunately, Attorney Barabino was able to cleverly find away around the charges. After an investigation, it was determined that the accuser appeared to have broken some laws. Attorney Barabino began the process for filing for a hearing to issue criminal charges against the accuser. The paperwork was filed and hearing was eventually held. At the conclusion of hearing, magistrate agreed with Attorney Barabino that charges should be filed against the accuser. A trial date was set but because charges were filed against accuser, she would incriminate herself if she testified. Both cases were consequently dismissed.
RESULT: Cross-complaint issued. Charges DISMISSED.

Larceny Charges, Shoplifting, NO FELONY CONVICTION, CONDITIONAL ADMINISTRATIVE PROBATION ALLOWED

September 25th 2014
Larceny over $250.00
Larceny over $250.00
Larceny over $250.00
Shoplifting
Larceny under $250.00
Larceny under $250.00
Client was pursuing his Masters in Business Administration (MBA) out of state. Prior to him enrolling in his program, he had been employed at Nordstrom’s department store. While employed at the store, he became involved with several others in taking items from the store that didn’t belong to them. The arrangement was complex, so the investigation was consequentially extensive and detailed. The charges were, in part, felonies, which was simply unacceptable for someone who intended to have a future as a professional. The District Attorney sought guilty convictions. Attorney Barabino brought the matter before a judge and the judge agreed with Attorney Barabino. Client convictions would be dismissed if defendant were to pay back the $4800.00 within eighteen months. Also, the court allowed defendant's probation to be administrative so he would not have to physically appear in the courthouse and could leave to attend his out of state MBA program.
RESULT: NO FELONY CONVICTION, Upon Completion of Probation, ADMINISTRATIVE PROBATION ALLOWED.

Probation Violation, EXTENSION BUT WITH NO JAIL TIME AND NO CONVICTION

November 28th 2012
Probation Violation/Surrender Chapter 279 Section 3
Client was a college-educated professional already on probation for drug related offenses. During her period of probation, it was alleged that she flipped a motor vehicle and left the scene. The police investigating the incident came to the conclusion that she was probably the operator of the motor vehicle, despite her repeated assertions that she was not. Moreover, the police charged her with filing a false police report since they didn’t believe her statement that the car was stolen. As a result, a probation violation was found. At the final hearing, a joint agreement to extend probation by six months and that she could keep her CWOF—meaning no conviction--was made.
RESULT: Probation Extended with NO JAIL TIME AND NO CONVICTION.

Abuse Prevention Order, DISMISSED ON THE DAY OF TRIAL

March 1st 2012
Abuse Prevention Order Chapter 209A
Client was a young man and father that was on a three year suspended sentence in New Hampshire for another crime. If he was convicted on the above offense of violating a restraining order, he would not only be charged for his crime in Massachusetts but would also serve a three year sentence in New Hampshire. According to the police, client was seen leaving a restricted area that he was ordered to stay away from. At trial, Attorney Barabino requested the court appoint an attorney to investigate if the complainant was lying to police. At the conclusion of the hearing, the complainant was required not to testify, leaving the Commonwealth with only one option---to dismiss the case.
RESULT: Restraining Order Charge DISMISSED ON THE DAY OF TRIAL.