» Lynn District Court

OUI PLEA

April 22nd 2019
OUI- Liquor or .08%
Negligent Operation of Motor Vehicle
Speeding
Client was a very pleasant professional within the hospitality business. According to police, client was speeding when they decided to pull her over. When they did pull her over, they smelled alcohol and began a series of sobriety test. According to police she failed the test and they noted a series of other alcohol related indicators of intoxication. She was arrested and charged with speeding, OUI and negligent operation of a motor vehicle. After a consultation and a decision with Attorney Barabino, client decided the fastest way to get the license back and move on with her life was a plea. Based on that desire, Attorney Barabino began consulting with the District Attorney and was able to negotiate the result below. Also, the case was brought forward in court at a date earlier than scheduled so the client could begin the process of moving forward as soon as possible.
RESULT: Shortest Probation period by law shortestProbation period by law received on OUI, NOT RESPONSIBLE on the speeding ticket, Negligent Operation, DISMISSED.

Drug Possession, License Suspended, Disguise to Obstruct Justice, MOTION TO SUPPRESS FILED, NO CONVICTIONS, NO DRUG SCREENS OR PROBATION CONDITIONS REQUIRED

May 7th 2015
Possession of Class “A” Heroin
Possession of Class “E” Gabapentin
Possession of Class “B” Suboxone
License Suspended, Operating Motor Vehicle
Disguise to Obstruct Justice
Client was hard working contractor who was a target of a drug task force. The task force pulled him over with no license, and client giving a fake name and information resulted in arrest. In addition, task force had warrants. Upon searching the motor vehicle it found various drugs of different categories. He was charged with illegally possessing those as well. Also, client had recently been released after doing a committed jail sentence for various crimes. Fortunately, Attorney Barabino and client reviewed the case and Attorney Barabino found an imperfection with the arrest process---an imperfection that could lead to a judge determining that the arrest was illegal and that the evidence should be thrown out. After Attorney Barabino provided the court with a detailed legal memorandum, a hearing was set. Attorney Barabino and an experienced, seasoned DA, reviewed the progress client had been making and the probability that defense could be successful. Since drug screens would not be compatible with his job, both parties agreed on a two-year Continued Without a Finding (CWOF), which meant that the case would be dismissed after two years. No drug screens or attendance with probation would be necessary.
RESULT: Motion to Suppress, FILED, Probation with NO CONVICTIONS if continues crime free for two years. NO DRUG SCREENS OR PROBATION CONDITIONS REQUIRED.

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.