» Lawrence District Court

Restraining Order TERMINATED

June 4th. 2019
Restraining Order Application
A very pleasant hard-working father and full-time truck driver had been charged last year with assault and battery. That charge resulted in an acquittal after a jury trial several weeks ago (see April 29th 2019 recent case). However, despite the acquittal of the charges, there remained an active restraining order. And the person was living in his home. Today, Attorney Barabino and client appeared in court prepared to vigorously argue that the restraining order be terminated. Attorney Barabino had prepared a motion with a memorandum and affidavits. There were nearly fifty pages of attachments. After handing the documentation to other side, the responded that they simply won’t try to oppose the order and will let it terminate immediately—and it did.
RESULT: Restraining Order TERMINATED.

8 of 9 Charges Dismissed

October 24th 2018
FIRST OFFENSE OUI- Liquor or .08%
Disorderly Conduct
Resisting Arrest
Open Container
Negligent Operation of Motor Vehicle
Registration Suspended, Operation
Uninsured Motor Vehicle Chapter
Possession of Class B Drugs
Speeding
Malicious Destruction of Property
Client, a hard-working mother was charged with many criminal and civil offenses. According to State Police report, client was driving over 100 miles in hour on the highway. She was stopped, she came beligerent and taken to the ground by the officer. The officer arrested her due to her intoxication. he inventoried the vehicle after her arrest and located amphetimines pills that she did not have a prescription and he also located a bottle of alcohol. Once at the station, the client flooded the jail cell. This was a case resolved with every charge dismissed, and client being placed on probation for the OUI, enter the standard program, a drug evaluation and aftercare if necessary, an apology letter to the officer and a Brains at Risk half-day program.
RESULT: ALL CHARGES DISMISSED, with Exception of OUI Charge

Assault with a Dangerous Weapon, NOT GUILTY

June 9th 2017
Lawrence District Court
Assault with a Dangerous Weapon
Client was a hard-working, self-employed IT consultant who was accused of spray painting political signs. The case was widely publicized and the accusation was that client was painting the signs during the early hours of the morning. Moreover, it was alleged that client tried to run over accuser, who spotted the client engaging in the spray painting, when she attempted to flee. While the client admitted to spray painting the signs, the part about running over the client was not true. A deal was attempted, to which the client would admit to the sign painting and complete fifty hours of community service and stay out of trouble for one year. However, the accusation of attempting to run over the accuser went to trial. Attorney Barabino presented reputation witnesses and others to build the defense. In the end, the court delivered a verdict of not guilty of assault with a dangerous weapon.
RESULT: NOT GUILTY OF ASSAULT WITH A DANGEROUS WEAPON.

Illegally Carrying Firearms, DISMISSAL WITHOUT PREJUDICE ON ALL CHARGES

November 16th 2015
Firearm Carrying with Ammunition
Firearm Carrying without a license
The defendant was a passenger in his mother's car when it was pulled over by Massachusetts State Police. When State Police noticed he wasn’t wearing a seat belt, they wrote him a citation. When they wrote him a citation, they noticed he had active warrants. The police testified that when defendant provided his license to police, they noticed that he slid a small black pistol in between the seats. After the Defendant was arrested the police located and secured a small black revolver. After a motion to suppress, the case was set for trial. Ballistics experts, fingerprint experts, and various witnesses were called. The coordination was tedious, but all the pieces needed to be in place for the trial to begin. After five separate trial dates, the court dismissed the case, without prejudice. However, if the case is brought back to court, Attorney Barabino can move to dismiss the charges for failure to comply with time standards.
RESULT: DISMISSAL WITHOUT PREJUDICE ON ALL CHARGES. Upon re-applying for charges in future, Motion to DISMISS to be considered by court

Threats, APPLICATION FOR COMPLAINT DISMISSED

March 9th 2012
Threats to commit a crime Chapter 275 Section 2
Client, an employee of a local hospital, was charged with threats against the new girlfriend of her ex-boyfriend. The police alleged that she repeatedly called the woman with nearly fifty texts and finally threatened to hurt the other person and made a voicemail stating that she was “on her way”. Client was very concerned since this would be her first criminal offense. Client took steps prior to the hearing that included therapeutic treatment and aftercare for her unstable emotional state. Attorney Barabino presented the medical documentation along with an explanation of what occurred. After hearing from both parties, The Clerk Magistrate was in agreement that a resolution to keep it open for six months and that no complaint would be filed. The application for the complaint would be dismissed in six months. This case would never appear on client's record, nor on any background check.
RESULT: Application for Complaint, DISMISSED.