» Investigation

Assault and Battery, CROSS COMPLAINT SECURES DISMISSAL

December 20th 2016
Assault and Battery
Client was a hard-working veteran and full-time US Army serviceman. He was charged with assaulting and battering his soon to be ex-wife. Conviction of such a crime would seriously threaten his military career. Fortunately, Attorney Barabino was able to cleverly find away around the charges. After an investigation, it was determined that the accuser appeared to have broken some laws. Attorney Barabino began the process for filing for a hearing to issue criminal charges against the accuser. The paperwork was filed and hearing was eventually held. At the conclusion of hearing, magistrate agreed with Attorney Barabino that charges should be filed against the accuser. A trial date was set but because charges were filed against accuser, she would incriminate herself if she testified. Both cases were consequently dismissed.
RESULT: Cross-complaint issued. Charges DISMISSED.

Drug Distribution in a School Zone, CASE DISMISSED

November 2nd 2016
Drug, Possession to Distribute Class D
Drug Violation Near School/Park
Client was a young man in high school who was charged with distribution of marijuana in a school zone. After an investigation and digestion of the discovery and facts, a motion to dismiss was filed. The motion detailed the facts, the law, and argued how the case should be dismissed. The lengthy memorandum was filed and discussions with District Attorney additionally held. In the end, the hard working and professional district attorney agreed to simply dismiss the charges. All charges dismissed.
RESULT: Motion to Dismiss, FILED, CASE DISMISSED.

Deface Property, DISMISSED, NO ADMISSION TO WRONGDOING IN THREE MONTHS

July 7th 2016
Deface Property
Client was a hard-working rug maker who had recently suffered immense hardships. Those hardships culminated in him developing a severe alcohol problem. After he drank one time, he took out his aggression on a neighbors’ vehicle, breaking the glass. His legal concerns included penalties, immigration consequences, and a criminal record. After a few court dates, an investigation, and consultation with the very responsive district attorney office, an agreement was made to allow the case to be dismissed, as long as any out of pocket cost were paid.
RESULT: Deface Property, DISMISSED, In three months, NO ADMISSION TO WRONGDOING.

Malicious Destruction of Property, Breaking and Entering Nighttime, Larceny in Building, CASE DISMISSED

March 27th 2015
Malicious Destruction of Property
Breaking and Entering in the Nighttime for Felony
Larceny in Building
Client was a young, hard working juvenile who was polite, respectful, and an excellent student. According to police, he went into school late at night without permission and acted irresponsibility. This was an unacceptable act and inconsistent with his good tempered disposition and attitude. He was charged with felony offenses and the Commonwealth had a fairly strong case. Admitting to any of these types of offenses was unacceptable. Nevertheless, after several months of investigation and negotiation, Attorney Barabino today persuaded the prosecutor and the judge to place client on pre-trial probation for two months. As long as client refrains from committing any further offenses and pays back the money to the school for the damage, this case will be dismissed. No admission to any criminal act, misdemeanor, or felony.
RESULT: Sentencing Memorandum FILED, CASE DISMISSED.

Assault w/ a Dangerous Weapon, NO CRIMINAL COMPLAINT ISSUED

October 17th 2014
Assault with a Dangerous Weapon
Client was a hardworking cleaner with three children. She had a boyfriend who had a hard time letting go of their relationship and accused her of waving a knife at him. The police performed a thorough investigation, which was helpful to client. A Clerk's Hearing was ordered and at the hearing Clerk declined to issue the complaint. Although the hearing lasted fifteen minutes or less, Attorney Barabino and client had prepared nearly an entire day's worth of effort collecting documents and interviewing witnesses. In the end, the Complaint did not issue.
RESULT: NO CRIMINAL COMPLAINT ISSUED.

Leaving the Scene of Property Damage Charges, OUI-Liquor, NOT GUILTY OF OUI/DWI

July 24th 2014
Leave Scene of Property Damage
Leave Scene of Property Damage
OUI - Liquor or .08%
Client was a hard working, truck-driving grandfather. According to police, he smashed into another motor vehicle and a road sign at a parking lot and left without informing anyone. The police investigated and interviewed the defendant at his home. When they interviewed the defendant, he had slurred speech, smelt of alcohol and had a hard time standing up. Attorney Barabino filed a motion to suppress statements made by the defendant, but the judge at an earlier date did not allow the motion. After viewing the scene and interviewing the witnesses, who gave a much different account than the police, a trial was requested. At trial, a judge declared that the Defendant is not guilty. A prior agreement for leaving the scene was generally continued for six months with no admission of any wrongdoing. Client had been an immediate threat and unable to drive since the beginning of the case, but could immediately seek reinstatement from the Registry of Motor Vehicles.
RESULT: NOT GUILTY OF OUI/DWI.

False Prescription, APPLICATION FOR COMPLAINT DISMISSED

July 22nd 2013
Uttering a False Prescription Section 94C Section 33E
Client was a licensed professional who had been caught by law enforcement passing a false prescription for a narcotic. The evidence was clear, and the police did an investigation that was accurate, professional and proper. The client had no criminal record, and the police were receptive to negotiating the matter. Attorney Barabino was able to meet with law enforcement prior to the magistrates hearing and at the hearing produced mitigating documentation, which included prescription history as well as evidence of new drug screen and related matters. As long as client does not re-offend and remains out of any criminal conduct, the matter will be dismissed without client ever appearing in a courtroom and more importantly without any stains on her criminal record.
RESULT: Application for Complaint, DISMISSED.

Abuse Prevention Order, DISMISSED ON THE DAY OF TRIAL

March 1st 2012
Abuse Prevention Order Chapter 209A
Client was a young man and father that was on a three year suspended sentence in New Hampshire for another crime. If he was convicted on the above offense of violating a restraining order, he would not only be charged for his crime in Massachusetts but would also serve a three year sentence in New Hampshire. According to the police, client was seen leaving a restricted area that he was ordered to stay away from. At trial, Attorney Barabino requested the court appoint an attorney to investigate if the complainant was lying to police. At the conclusion of the hearing, the complainant was required not to testify, leaving the Commonwealth with only one option---to dismiss the case.
RESULT: Restraining Order Charge DISMISSED ON THE DAY OF TRIAL.