» Motion to Dismiss

Leave Scene of Property Damage, NO CRIMINAL COMPLAINT ISSUES, CASE DISMISSED

April 22nd 2013
Leave Scene of Property Damage Chapter 90, Section 24 (2)(a)
Client was a hard working professional with no prior criminal record. According to police, they received a report that client had hit another person with a vehicle and left the scene. Client had no recollection of making any contact with any other vehicle. In fact, his recollection was an out of control woman yelling at him while he was parked at a stoplight, which he ignored. Prior to the Defendant’s arraignment, Attorney Barabino filed a Motion to Dismiss with a memorandum of law. This motion was allowed and the matter was remanded back to a Clerk Magistrate’s Hearing at a later date. At the Magistrate’s Hearing, the Magistrate grilled the Defendant and sought yet an additional date to continue the hearing. At the second date, the state police and Clerk Magistrate both took notice of the Defendant’s lack of criminal history, the statements of the parties, and the insurance information declaring the woman was paid back all her out of pocket cost. The case was dismissed as a result. No record of the incident will appear on the client's record, anywhere.
RESULT: No Criminal Complaint Issues at Clerk Magistrate Hearing, CASE DISMISSED.

Possession of Heroin, MOTION TO DISMISS ALLOWED, CASE DISMISSED

March 20th 2013
Possession of Class “A” Heroin Chapter 94C Section 34
Client was a very pleasant young woman from a great family. However, unknown to her family she had developed an addiction to heroin—a very powerful one for that matter. Attorney Barabino filed a rather obscure and rarely used IIIE statute. Under IIIE, if the Defendant acknowledges their addiction, enters and completes rehabilitation, the charge against them will be dropped. The court allowed the motion to be filed nearly a year ago and after one year of negative drug screens provided to the court, the case against the client was dismissed.
RESULT: Motion to Dismiss, ALLOWED, CASE DISMISSED.

Disturbing the Peace, Carrying a Dangerous Weapon, MOTION TO DISMISS ALLOWED, CASE DISMISSED

March 5th 2013
Disturbing the Peace Chapter 272 Section 53
Dangerous Weapon, Carry, Subsequent Offense Chapter 269 Section 10(B) & (D)
Client was a hard working electrician. He was charged with Disturbing the Peace and Possession of a Dangerous Weapon, Subsequent Offense. The second charge was required to be prosecuted in Superior Court and State Prison was mandatory upon conviction. However, the District Attorney allowed the case to remain in District Court and prosecuted it as a first offense. Attorney Barabino filed a Motion to Dismiss the charges in their entirety. The motion, complete with a lengthy memorandum of law and supporting affidavit, was provided to the court and a hearing was scheduled. After the motion, the court agreed that the motion should be allowed and the case dismissed. The District Attorney simply agreed to dismiss the Disturbing the Peace charge after the hearing.
RESULT: Motion to Dismiss ALLOWED, CASE DISMISSED.

Unlicensed Operation, Alcohol in Motor Vehicle, Inspection Sticker, MOTION TO DISMISS ALLOWED, ALL THREE CHARGES DISMISSED

November 24th 2012
Unlicensed Operation of a Motor Vehicle Chapter 90 Section 10
Inspection Sticker Chapter 90 Section 20
Alcohol in Motor Vehicle, Possession Open Container Chapter 90 Section 24I
Client was an out-of-state resident who was driving in Massachusetts without a license. He was stopped by police and charged with various offenses. According to the police report, client was stopped initially due to his lack of Massachusetts license, a criminal offense. Once he was stopped he was charged with other crimes. Attorney Barabino reviewed all the reports and ticketing information processed by police for this arrest. Upon a through review, he determined the tickets issued by police were not in compliance with required regulations. As a result of the police not following the proper requirements, he filed a Motion to Dismiss, along with a lengthy memorandum of law. The court held a hearing to listen to the legal arguments presented by Attorney Barabino, and at the conclusion of the hearing the judge allowed Attorney Barabino’s Motion to Dismiss the three charges.
RESULT: Motion to Dismiss, ALLOWED. ALL THREE CHARGES DISMISSED.

Second Offense OUI, Child Endangerment, DISMISSED, MOTION TO DISMISS ALLOWED, NO JAIL TIME ON SECOND OFFENSE

February 17th 2012
2nd OFFENSE OUI- Liquor or .08%
Child Endangerment with Operating Under the Influence
Client was an employee with the Department of Defense. He was charged with Reckless Endangerment of a Child and Operating Under the Influence of Alcohol Second Offense. According to the police, the client's ex-wife received a call from client that he was intoxicated and driving around with her child. She became frantic and searched for client. When she located him, she argued with him driving the motor vehicle in the condition he was in and refused to give her the keys. She left (with her son) and called police since client had insisted on driving. She cooperated with police and police found him a few hundred years down the road. They stated that he failed the sobriety test and failed the Breathalyzer with a reading of 3.1%. 3.1% is nearly four times the legal limit. Prior to trial, Attorney Barabino made vigorous attempts to have the case thrown out in its entirety but was not successful. As the case moved forward, he sent the case down for Motion to Dismiss hearing regarding the Reckless Endangerment charge (which carried mandatory jail time), and that motion was allowed. At the day of trial, every witness appeared, leaving the client with the pre-trial option of a plea, which he eagerly sought. When the deal was argued before the judge, the Commonwealth asked the judge to force client to attend parenting classes and install a Sobrietier machine installed in his home. Attorney Barabino argued against it and was successful. The judge agreed with Attorney Barabino and the client left court with what he wanted---no jail time.
RESULT: Reckless Endangerment of a Child, DISMISSED, Motion to Dismiss, ALLOWED, NO JAIL TIME ON SECOND OFFENSE.

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