» Penalty

May 25^th 2017
Unlicensed Operation of MV
Client was unable to obtain a license and was cited for (4^th Offense) driving without a license. Given his background, history and surrounding circumstances, he was given a dismissal with the agreement that client pay two hundred dollar penalty.
RESULT: OPERATING UNLICENSED, DISMISSED ON COURT COST.

March 28^th 2017
Assault and Battery
Assault and Battery
Strangulation or Suffocation
Client was a hardworking federal employee. He was charged with Strangulation of his ex-girlfriend, Assault and Battery on his Girlfriend, and Assault and Battery on another involved in the incident in question. It was alleged that he was angry at his ex-girlfriend after discovering text messages from her former spouse on her phone. It was alleged that he came into her bedroom, pushed her friend into a dresser, and then proceeded to choke ex-girlfriend for nearly a minute. The district attorney applied for and received a Dangerous Hearing. Based on facts of the case, it was determined that client was too dangerous to be released into society. Attorney Barabino appealed that ruling and was successful. Client was then released pending trial. At trial, the jury ruled him not guilty of all the charges.
RESULT: 58A DANGEROUS HEARING OVERTURNED, Client released Pending Trial, NOT GUILTY OF ALL CHARGES.

October 2^nd 2015
Trafficking in Oxycodone
Felon in Possession Firearm
Conspiracy
Armed Career Criminal (ACC)
According to Federal Agents, the defendant was participating in a drug distribution ring that had an international reach. Although, not a central player by any stretch, police felt strongly enough to set up controlled “buys” at the defendant’s home. The federal government utilized their many resources, which included wiretaps to record transactions inside the home. Fortunately, the federal government lost interest in the case as their “informant” was charged with drug dealing himself. The state took over the operation and their highly skilled prosecutorial team moved forward with the case. The case was as complex as any drug case could be. After a thorough review of the massive amount of data provided, Attorney Barabino filed a Motion to Dismiss the Armed Career Criminal or ‘ACC”, which is a sentencing enhancement. That well written motion was allowed by the judge and that particular indictment was dismissed. Once that indictment was dismissed, Attorney Barabino went to work on attempting to dismiss/reduce the remaining indictments, challenging the weight of the narcotics. In summary, he called in question the method that the Commonwealth uses to weight out and eventually charge people. He hired an expert and argued the motion with a lengthy and detailed memorandum of law. Although denied after a 6-month review by the judge, Attorney Barabino appealed it to a single justice of the Massachusetts Supreme Court, and eventually the full Bench of the Massachusetts Supreme Court. Disappointed that they did not take the case, he continued his advocacy. With the aide of another co-defendant lawyer, a loophole in the search warrant discovery process was determined and a partial motion to suppress was allowed. The result was after years of intense litigation, and an outstanding advocacy from the Commonwealth’s attorney as well, an admission of guilt was rendered with a penalty of a $50 fine. All remaining counts were dismissed. No Minimum Mandatory Sentence.
RESULT: Motion to Dismiss Armed Career Criminal, ALLOWED, Motion to Suppress, ALLOWED (In part), APPEAL to Massachusetts Supreme Court.