» No Jail Time

Illegal Firearm Carrying, Unlawful Drug Possession, MOTION TO SUPPRESS ALLOWED, NO JAIL TIME, DRUG DISTRIBUTION DISMISSED

May 16th 2013
Firearm Carrying with Ammunition
Drug, Possession to Distribute
Client was a high school student who was being watched by the Lynn Gang Task Force. According the police, they saw client speaking with a high-ranking gang member who himself had been convicted of gun charges. Moments later, they arrested client with a Loaded .380 Handgun in his pocket and seventeen ecstasy pills. He was charged with a number of offenses, including possession of a loaded firearm and drug distribution. Initially, the young man was charged as a juvenile, but soon after those charges were dismissed and he was recharged under the Youthful Offender Law. Under the Youthful Offender Law, he could be sentenced to state prison. Client was released from custody after posting a substantial bail. After nearly three years of various hearings, motions, and challenges to the evidence, the case moved closer to trial. Attorney Barabino suppressed one piece of evidence, which prevented the Commonwealth from using the Defendant's statement that he was a member of the “CRIPS”. Once that was decided, a trial date was scheduled. At the trial date, all the Commonwealth's experts and the defense experts appeared as well as other witnesses. However, moments prior to the jury being selected, a deal was made that allowed client not to serve any jail time. Defendant was placed on a suspended sentence with no jail time served. The drugs had been excluded by agreement as they had been tainted by the “Dookham drug scandal”, so the drug charge was dismissed.
RESULT: After 1st Trial, Motion to Suppress, ALLOWED. NO JAIL TIME. Drug Distribution, 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.