» No Conviction

PRE-TRIAL Probation Allowed, One Year, Retains Presumption of Innocence

April 4th 2019
Drug, Possession to Distribute Class D
Client was a young father to be who was charged with distribution of marijuana. According to police, he has been selling marijuana and was about to sell to someone. That moment, police responded performed what the court determined to be a legal stop of the motor vehicle that defendant was driving. The police recovered the drugs and the paraphernalia. During the period of time the case proceeded through court, Attorney Barabino drafted a three-page disposition memorandum of the defendant. The district attorney listened intently to all the issues and the facts. And after a long period of time, they agreed that if the defendant performed certain task such as drug screens, community service remain employed that they would agree to pre-trial probation. Pre-trial probation means that the defendant does not admit any wrongdoing and the case is eventually dismissed. In the end, the hard working and professional district attorney agreed to simply dismiss the charges. All charges dismissed. PRE-TRIAL Probation Allowed, One Year, Retains Presumption of Innocence. No Admission of Guilt.
RESULT: PRE-TRIAL Probation Allowed, One Year, Retains Presumption of Innocence

Negligent Operation, CONDITIONAL DISMISSAL AFTER 90 DAYS

June 8th 2016
Negligent Operation of Motor Vehicle
A retired teacher was accused of negligently operating a motor vehicle. There were four separate witnesses, including a police officer that witnessed the motor vehicle crash. The witnesses were not helpful to the defendant. A plea was made before the judge asking for ninety-days probation. The District Attorney sought slightly more probation time. In the end, the judge sided with Attorney Barabino and allowed the defendant’s case to be dismissed, as long as she stays out of trouble, for a ninety-day period—otherwise called a continued without a finding or (CWOF).
RESULT: Case to be DISMISSED AFTER 90 DAYS, with NO CONVICTION ON RECORD. Enroll in two safety driver courses.

Negligent Operation, Illegal Fireworks Possession, APPLICATION OF COMPLAINT FOR UNLAWFUL FIREWORKS POSSESSION DISMISSED, UPON SATISFACTION OF CERTAIN CONDITIONS NO CONVICTION

May 7th 2014
Negligent Operation of Motor Vehicle
Fireworks, Possession Unlawful
Client was bright college student and band member. He was charged with Negligent Operation of a Motor Vehicle and Possession of Fireworks. According to a state police report, he was parked on the left side of the highway-asleep in his vehicle. When police interviewed him, he had alcohol on his breath and his eyes were bloodshot. Yet unusually, the police only charged him for Negligent Operation of a Motor Vehicle and also for fireworks that were within the motor vehicle and are a criminal offense under Massachusetts's law. Attorney Barabino presented to a clerk magistrate the facts and background and the magistrate eliminated the fireworks charge. Once arraigned on the remaining charge, an agreement was made with the Commonwealth whereas some conditions would be met with administrative probation on the assurance that the matter would be dismissed upon all requirements.
RESULT: APPLICATION OF COMPLAINT FOR UNLAWFUL FIREWORKS POSSESSION, DISMISSED, Upon satisfaction of certain conditions, NO CONVICTION.