» Law Office of William J Barabino

1st OFFENDERS Disposition, NOT RESPONSIBLE Both Civil Infractions.

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.

CHARGE DISMISSED on DAY OF TRIAL

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.

Two Counts of Indecent Assault and Battery, NOT GUILTY

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.

Negligent Operation, Leaving the Scene, DISMISSED

May 15th 2018
Leave Scene of Property Damage
Negligent Operation of Motor Vehicle
Client was a young man was out partying with two friends when all them 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 process though several court hearings, with a trial date set. On day of trial, District Attorney, in good judgement simply dismissed the case as there would be insufficient evidence to move forward any longer and a dismissal was entered on both charges. Case Dismissed.
RESULT: Both charges, DISMISSED.

Unlicensed Operation, DISMISSAL

May 25th 2017
Unlicensed Operation of MV
Client was unable to obtain a license and was cited for (4th Offense) driving without a license. Given his background, history and surrounding circumstances, he was given a dismissal with the agreement that client pay two hundred dollar penalty.
RESULT: OPERATING UNLICENSED, DISMISSED ON COURT COST.

Use of Motor Vehicle w/out Authority, Trespassing, MOTION TO DISMISS ALLOWED

January 24th 2017
Use Motor Vehicle Without Authority
Trespassing
Smart professional employed at an airport was accused of taking a person’s car without authority. According to police, client took the keys to $205,000 Porsche that was not his. In the end, Attorney Barabino filed a Motion to Dismiss, an affidavit, and memorandum of law. All of which allowed by judge.
RESULT: Motion to dismiss, ALLOWED.

Assault and Battery, DISMISSED

June 9th 2016
Assault and Battery
Client was a hard working mechanic who was accused by his ex-girlfriend of assaulting and battering her. It was an unfounded accusation. There had been a verbal argument and the uninjured girlfriend made various statements to police. The stories she told police were inconsistent and damaged her already questionable credibility. A trial date was set. The accuser failed to appear so the court had little option but to allow Attorney Barabino’s Motion to Dismiss.
RESULT: Charge of Assault and Battery, DISMISSED.

Negligent Operation, Marked Lanes Violation, APPLICATION FOR CRIMINAL COMPLAINT NOT ISSUED

October 2nd 2014
Negligent Operation of Motor Vehicle
Marked Lanes Violation
Client was a hardworking web-programmer. She was driving her motorcycle on the state highway in a reckless manner at speeds exceeding 100 mph. When pulled over by police, she immediately complied with officer order to stop, and was apologetic. Despite her apologies, the professional and respectful trooper issued her a criminal summons, and appropriately so. Based on a number of factors, including client’s background and history, Attorney Barabino’s request to have the criminal charge be stayed and not go forward if civil portion of the claim were paid was allowed.
RESULT: Application for Criminal Complaint, NOT ISSUED.

Assault and Battery, DISMISSED, NO ADMISSION OF WRONGDOING, NO COSTS, NO FEES, NO OBLIGATIONS, NO COMMITMENTS

May 27th 2014
Assault and Battery
A hard working delivery driver was accused of assaulting his girlfriend. According to police, he pushed her onto the couch, as he wanted her out of his home. When police arrived, he denied these allegations and he was arrested. Attorney Barabino was retained and represented the matter. At the day of trial, the District Attorney was able to speak to the complainant and simply agreed to stop the prosecution with a general continuance.
RESULT: DISMISSED as a General Continuance in 6 Months. NO ADMISSION OF WRONGDOING, NO COSTS, FEES, OBLIGATIONS, OR COMMITMENTS.

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.