» Dismissal

December 17^th 2019
Domestic Assault and Battery
Client was a hard-working government professional. According to police he assaulted and battered his child’s mother. Police came and arrested him at his home and brought him to court, where the court entered a stay-away order while the case was pending. Attorney Barabino was retained and quickly went to court to motion the court remove the stay-away provision which they did. A disposition memorandum was provided to the District Attorney and after several months a final agreement was reached whereas the commonwealth would freeze the prosecution where it was at in agreement for client to 1) not abuse spouse 2) comply with Department of Children and Family (DCF) 3) and finally get screened for abuse of alcohol and aftercare if necessary. If completes that process successfully over the next year, the case simply dismisses itself, no return to court necessary. And no admission of wrongdoing or guilt.
RESULT: District Attorney Agrees to Pre-Trial Probation, Retains the Presumption of Innocence.

December 5^th 2019
Operating on a Suspended License
Failure to Signal
Client was a very pleasant hardworking father of four who was charged with driving a suspended license. According to police, he failed to signal and when he was pulled over his license was suspended. We disputed the technical issue of a license suspended and expected a trial would be the only way to vindication—but when the district attorney offered to simply dismissed on $150.00 court cost and not responsible finding on the civil violation that was a welcomed result and accepted.
RESULT: DISMISSED on $150.00 Court Cost and Not Responsible on Civil Violation.

October 11^th 2019
Failure to Stop for Police
A hard-working IT professional was charged with failing to stop for police. The process to 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 to include 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 dismissed 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.

October 7^th 2019
Uninsured Motor Vehicle
Unregistered Motor Vehicle
Highway Civil Citation
A hard-working IT professional was charged with driving without insurance, registration and a civil violation. An oversight in his banking led to a non-payment of insurance, which led to an automatic suspension of his registration. Moreover, an oversight in paying for the ticket led to a warrant for his arrest. Fortunately, client and Attorney Barabino reviewed his case and prepared for an immediate turn in to the police station the next day. We consulted with the District Attorney and provided them the materials we had, indicating that the issue was an oversight and the client is an otherwise upstanding person with no criminal history. After consultation, they agreed to dismiss all the charges, including the civil charge, prior to arraignment. Since the charge was dismissed, PRIOR to arraignment it will never appear on his record.
RESULT: All Charges, DISMISSED, Pre-Arraignment.

June 27 th 2019
Driving on a Suspended License
Failure to Keep Right Citation
Client was was a very pleasant retired teacher who had had an imminent threat destination on her license. Which meant she was supposed to cease immediately until it was reinstated by the registry. About a week after the suspension went into effect, she was involved in another separate accident and her license had not been reinstated. At the clerks hearing the case was able to be dismissed in the entirety, including the civil violation that accompanied the criminal license suspended charge.
RESULT: DISMISSED at CLERK MAGISTRATE HEARING.

November 8th 2018
FIRST OFFENSE OUI- Liquor or .08%
Marked Lanes Violation
Mobile Phone, Operator Use Improperly
Client, a young Ph.D. Biotech manager was charged with OUI first offense. According to Police, she was seen driving erratically late at night. The police arrested her after they believed she failed the sobriety test and other indicators of intoxication. Not interested in prolonged, possibly unpredictable and more costly litigation she chooses enter a plea before the court. Attorney Barabino, moved the case so that she could close out the case sooner that it had been originally planned. Once at court, the understanding and reasonable district attorneys reviewed her background and engaged in a discussion, agreeing to a continued without-a-finding for 12 months and 45-day loss of license. They also agreed to find her Not Responsible for the Mobile Phone use ticket. Once in front of the judge, Attorney Barabino argued for the above disposition AND for her to be found NOT RESPONSIBLE on the marked lanes violation, to which the judge agreed too.
RESULT: 1st OFFENDERS Disposition, NOT RESPONSIBLE Both Civil Infractions.

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.

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.