» Counsel

August 29th 2018
Assault and Battery with a Dangerous Weapon
Malicious Destruction of Property
Client was a respected business owner who, according to police, threw an object at a car causing permanent damage to the vehicle. After the incident, words were exchanged between client and accuser (owner of the vehicle). When police arrived, accuser cooperated with their investigation into the matter, and Defendant was subsequently charged with two felony counts of Assault and Battery with a Dangerous Weapon and Malicious Destruction of Property. Attorney Barabino was hired by client and gathered witnesses, photos, and others items and exhibits to offer an alternative explanation as to what happened for the Clerk's consideration. In the end, an agreement was reached by all parties involved that client would pay the amount of damage caused to the car in exchange for a resolution of the case.
RESULT: NO APPLICATION FOR COMPLAINT TO ISSUE

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

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

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 13^th 2016
Second Offense OUI- Liquor or .08%
Marked Lanes Violation
Open Container
Client was a hard working human resources professional. According to police, she demonstrated concerning driving. She was pulled over by police. They stated she smelt like booze, had slurred speech, glassy eyes and problems performing field sobriety test. She took a portable breath test and scored three times the legal limit. After substantial consult and attempts to appeal her breath test refusal, a plea was sought. At the earliest date possible, client received non-jail alternative disposition.
RESULT: NON-JAIL ALTERNATIVE DISPOSITION. OPEN CONTAINER NOT RESPONSIBLE.

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.

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.

December 2^nd 2014
Possession to Distribute Class D
Client was a passenger driving in a motor vehicle with his friends. They were also under the eye of a special response unit or a specialized anti-drugs investigation unit. That unit converged on the vehicle and confiscated nearly 100 grams of marijuana, scales, ledgers for recording transactions, and over $1000 in cash. Attorney Barabino requested a challenge to the motor vehicle stop via a Motion to Suppress evidence. Once that motion, affidavits, and memorandum of law were filed, the police were brought into court for a hearing. The court issued a decision after a month’s wait indicating that the evidence should be thrown out. As a result, the case will be dismissed.
RESULT: Motion to Suppress All Evidence, ALLOWED. CASE DISMISSED.