» Incident

Shoplifting, NO COMPLAINT TO ISSUE

October 3, 2016
Shoplifting by Asportation
Client took items that did not belong to her. To summarize, the acts that she committed were sufficient for a charge and conviction of shoplifting. However, the clerk-magistrate hearing process in Massachusetts allows for representation by an attorney at the hearing. In this case, Attorney Barabino was selected. He went to the scene of the incident, conducted a detailed review of the client's background, and had a discussion with the storeowner. After the hearing, no complaint issued. Client was free to leave with no evidence of any charge ever being filed. No charges issued.
Result: NO COMPLAINT TO ISSUE

OUI-drugs, CASE DISMISSED

September 2, 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 tests (FSTs), 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 the client brought the case to trial, to which the Commonwealth stated it was not ready. Attorney Barabino requested that the charge be dropped or “dismissed”, to which the judge agreed. Charge dismissed.
Result: CASE DISMISSED.