» Dismissal

September 26th 2014
Drug, Possession Class B (Cocaine)
Conspiracy to Violate Drug Law
According to police, while on patrol in a high-crime area, they noticed what they believed to be a drug transaction. They produced a lengthy police report, which detailed their observations. However, in the end, Attorney Barabino and his client were confident that they could prove an illegal search and seizure. That confidence was actualized when an agreement was reached without even having a hearing, whereby the Conspiracy charge would be dismissed outright and the possession would also be dismissed upon payment of a $150 penalty.
RESULT: Class “A” Drug Possession and Conspiracy, DISMISSED.

September 2^nd 2014
OUI -Drugs
Client was a hard working, long-time truck driver with four children. When he was in a minor fender bender, the police thought he looked like “he could be under the influence”. He admitted to taking a sleeping pill of an unknown origin the night before, and was still sleepy. The police asked him to perform Field Sobriety Test (FST), which they said he failed. The police normally obtain at this point a Drug Recognition Expert or ‘DRE”, but they did not in this case. After examining the 911 tape, the accident scene, and witness statements, Attorney Barabino knew that the Commonwealth would be unsuccessful in proving its case. Attorney Barabino and client brought the case to trial, to which the Commonwealth stated it was not ready. Attorney Baraboo requested that the charge be dropped or “dismissed”, to which the judge agreed. Charge dismissed.
RESULT: CASE DISMISSED.

August 7^th 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.

June 17^th 2014
Aggravated Assault and Battery on Pregnant Woman
Aggravated Assault and Battery on Pregnant Woman
Aggravated Assault and Battery on Pregnant Woman
Client was charged with Assault and Battery on his pregnant girlfriend. According to police, he had hit her on three separate occasions. Prior to this charge, he was charged with a pending case of indecent assault and battery on a child and other related assault charges. Since those cases were pending prior to this matter, he was held without bail on a 58A Dangerous Hearing and Bail Revocation. At trial, Attorney Barabino requested that the court perform an investigation as to the complainant-proposed testimony to protect his Fifth Amendment rights. After the hearing was complete, client was provided a waiver from testifying, resulting in no choice but a dismissal of his most recent charges and immediate release from confinement.
RESULT: “Martins” Hearing results in DISMISSAL OF ALL CHARGES.

May 7^th 2014
Negligent Operation of Motor Vehicle
Fireworks, Possession Unlawful
Client was bright college student and band member. He was charged with Negligent Operation of a Motor Vehicle and Possession of Fireworks. According to a state police report, he was parked on the left side of the highway-asleep in his vehicle. When police interviewed him, he had alcohol on his breath and his eyes were bloodshot. Yet unusually, the police only charged him for Negligent Operation of a Motor Vehicle and also for fireworks that were within the motor vehicle and are a criminal offense under Massachusetts's law. Attorney Barabino presented to a clerk magistrate the facts and background and the magistrate eliminated the fireworks charge. Once arraigned on the remaining charge, an agreement was made with the Commonwealth whereas some conditions would be met with administrative probation on the assurance that the matter would be dismissed upon all requirements.
RESULT: APPLICATION OF COMPLAINT FOR UNLAWFUL FIREWORKS POSSESSION, DISMISSED, Upon satisfaction of certain conditions, NO CONVICTION.

April 30^th 2014
2nd Offense OUI- Liquor or .08%
Negligent Operation of Motor Vehicle
Operating Motor Vehicle with Suspended License
According to police, client drove recklessly around state police who were assisting with road construction safety. According to police report, client weaved around the police and workers in such a way that it required them to jump out of the way of his vehicle. According to the state troopers' police narrative, the defendant’s eyes were bloodshot, his speech slurred, he failed the sobriety test, and he failed a Breathalyzer test. The client weighed his options with Attorney Barabino and in the end simply wanted to bring the matter to conclusion, to get a predictable result and obtain his license back as soon as possible. Following his client’s wishes, Attorney Barabino met with the District Attorney, who remained committed to recommending a suspended six-month jail sentence, a two-week inpatient detoxification program, and related programs. The judge listened intently and diligently to all sides and in the end agreed with Attorney Barabino for a 12 Month CWOF for the OUI Second Offense and to treat it as a First Offense instead. The judge gave the District Attorney what he sought on the Negligent Operation and License Suspension.
RESULT: OUI Second Offense Reduced to First Offense Deal, SECURED, Continued Without a Finding (CWOF) for a Period of One Year, with DISMISSAL After One Year.

April 13^th 2014
Salem District Court
Leaving the Scene of Personal Injury
Leaving the Scene of Personal Injury
Leaving the Scene of Personal Injury
Client was a diligent university student who needed representation. According to police, he Left the Scene of Personal Injury for two damaged vehicles and a broken fence. With an expectation of a law enforcement career, a decision by the clerk magistrate and police to issue the complaint would have been very hurtful for client's prospects. A full and truthful hearing was held and all the facts were listened too. The police, the court, and all involved were fair and judicial. Taking everything into consideration and after a hearing, they did not issue the complaint.
RESULT: Application for Complaint DISMISSED, PRIOR to Arraignment.

February 12^th 2014
Marked Lanes Violation
Operating Motor Vehicle with Suspended License
Client was a hard working computer engineer who was stopped for a Marked Lanes Violation. When he was stopped for a marked lanes violation, the officer informed him that his license was suspended---a criminal offense. Attorney Barabino negotiated with the very reasonable and experienced Middlesex prosecutors, who after reviewing all the facts and the client's otherwise outstanding background, agreed to dismiss the charge of license suspension, with court cost, and find him not responsible for the civil infraction.
RESULT: Charge DISMISSED on Court Cost, Civil Infraction, NOT RESPONSIBLE.