» District Attorney

April 28, 2019
Assault and Battery on a Household Member
Client was a hardworking truck driver who was alleged to have assaulted and battered his ex-girlfriend. According to the ex-girlfriend, he got enraged and smashed a coffee pot while they were on their boat. It was alleged that after he smashed the coffee pot, he grabbed the complainant and then held her on the upper chest resulting in her inability to move or strike back. This testimony was challenged by Attorney Barabino on cross-examination. And after the Commonwealth rested its case, Attorney Barabino called his client to the stand. The client was relentlessly and competently cross-examined by the District Attorney. In the end, the jury closely listened to all the admissible facts and rendered a verdict of Not-Guilty.
Result: NOT-GUILTY of Assault and Battery on a Household Member.

January 10, 2019
SECOND OFFENSE OUI- Liquor or .08%
Client was a hard-working, former U.S. Army Officer and war veteran who was charged with operating under the influence of alcohol, 2^nd offense. According to police, he was operating his vehicle when he lightly struck another vehicle. He was mumbling and disheveled and intoxicated to the point where he was unable to speak coherently and maintain basic balance. Despite the egregious allegations, he did have some defenses. However, despite those defenses, he simply wanted to bring the case to conclusion as quickly as possible, which Attorney Barabino did. The law provides a minimum mandatory disposition for people charged with a second offense charge within ten years of the first charge. As a result of client’s background, Attorney Barabino was able to negotiate the minimum of a sixty-day house of correction sentence, suspended for a two-year period. Client will also be required to attend a mandatory two-week inpatient program.
Result: 2nd OFFENSE OUI, Standard 2^nd Offense Statutory Disposition

October 29, 2018
FIRST OFFENSE OUI- Liquor or .08%
Open Container
Speeding
Marked Lanes Violation
Client, a young hard-working professional was charged with Operating under the influence of alcohol. In addition to the criminal charge she was given three separate "civil" citation(s) which included possessing an open container, speeding and marked lanes violation. According to police, in the early morning hours, client was speeding and weaving. She was found with a glass of beer, red bloodshot eyes and the smell of alcohol on her breath among other indicators of intoxication. Despite what appeared to be a strong case for the Government, she did have a strong defense. Despite the existence of this defense, client understandably, simply wanted to get the case wrapped up quickly, with the least cost and effort possible. As a result, Attorney Barabino was able to negotiate with the District Attorney a 1st offense disposition whereby the charge will be dismissed after a one-year period. This is a fairly predictable result when the client has an otherwise clean record, no accident at the scene and no additional circumstances such as very high breath test result or disrespectful conduct to the officer. In addition to the 1st offense plea there was an agreement to dismiss all the "civil" infractions which is particularly important to avert an extended license suspension for the multiple surcharges which can result from civil infractions.
Result: 1st OFFENSE, 90/24D Disposition, Civil Infractions found NOT RESPONSIBLE.

September 26, 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 aggressively and this was one such case. She jumped on his bed while he was sleeping and threatened to break his television. And he simply refused to engage with 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 the 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 13, 2018
Indecent Assault & Battery Under 14
Indecent Assault & Battery Under 14
Client was a 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 the 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.

June 19, 2018
1st OFFENSE OUI - Liquor or .08%
Improper Stopping
Client, a young professional, drank more than he was used to drinking and made the mistake of driving. He was charged with driving under the influence and a civil violation of improper stopping. According to police, he tapped a car while under the influence and vomited on his car door. Because of hitting the car, vomit, admission to drinking, and inability to perform major acts of coordination, he made the decision to plead the case. Attorney Barabino negotiated in person with the District Attorney, successfully reaching a "continued without a finding" agreement, otherwise known as a CWOF. A second negotiation session resulted in a separate agreement for a not responsible finding on the civil charge. On the day of the plea, the only disagreement between Attorney Barabino and the Commonwealth was a brains-at-risk program which the latter sought. Judge ultimately agreed with Attorney Barabino, and client did not have to attend the additional program.
Result: 24D Disposition, CASE DISMISSED IN ONE YEAR, NOT RESPONSIBLE CIVIL INFRACTION, NO ADDITIONAL PROGRAM ORDERED.

May 15, 2018
Leave Scene of Property Damage
Negligent Operation of Motor Vehicle
Client was a young man who was out partying with two friends when all of them got in a car accident. After the accident, fingers pointed in different directions as to who was the driver, or “operator”. In the end, after police arrested a person who the police incorrectly thought was the driver, the other two young men stepped forward and under oath stated that the defendant was not the driver. Despite those assertions, the case was required to proceed through several court hearings, with a trial date set. On the day of trial, the District Attorney, in good judgment, simply dismissed the case as there would be insufficient evidence to move forward any longer and a dismissal was entered on both charges.
Result: Both charges, DISMISSED.

November 16, 2017
Assault and Battery
Strangulation or Suffocation
Client was a young man just out of high school when he was charged with grabbing his brother and putting him into a headlock. Police responded to the home, charged him with a felony, and the Commonwealth successfully imprisoned him until the day of his trial with no bail allowed. Attorney Barabino was successful in securing his release until the day of trial, despite the District Attorney arguing for a § 58A dangerousness hearing detention hold. After his release from custodial detention, the defense made normal preparations for trial. On the day of trial, Attorney Barabino and his client announced “Ready for Trial”, but with minutes to go before empanelment of the jury, the District Attorney announced that the complainant was refusing to cooperate and could not go forward. Attorney Barabino requested dismissal of the charges.
Result: CLIENT RELEASED PENDING TRIAL, CASE DISMISSED DAY OF TRIAL.