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SECOND OFFENSE DWI provided 1st OFFENSE DISPOSITION.

October 25th 2018
SECOND OFFENSE OUI- Liquor or .08%
Open Container
Marked Lanes Violation
Client, was a world-class martial artist, dad and otherwise responsible citizen. According to the police, the client was driving erratically when a citizen called the police to investigate. When police arrived, they found client was operating his vehicle and in possession of an open bottle of brandy. The client agreed to a breathalyzer test and blew a .26 which is three times the legal limit. The Commonwealth sought a six-month suspended sentence and two-year loss of license. In addition, they requested a two-week impatient program. Attorney Barabino sought a first offense which the law allows, if the prior offense was more than ten years as was the case. Attorney Barabino provided a memorandum to the court outlining the clients unquiet and distinctive career path. In the end, the court agreed with Attorney Barabino for a 1st offense disposition. So, he received a guilty conviction, but as a first offender. The result will be he will be allowed to request a hardship license before the registry at a sooner date and support his family while maintaining safety and sobriety for the him and the community in general. Also, client does not have to attend the two-week impatient program.
RESULT: 2nd OFFENSE provided 1st OFFENSE DISPOSITION.

License Suspended, Subsequent Offense, REDUCED

June 27th 2018
License Suspended, Operation Motor Vehicle, Subsequent Offense
Client was a hardworking father who was in a traffic accident. Upon police inquiry, they determined that his license was suspended. In fact, he had been convicted of the offense before. As a result, the police officer properly charged client with driving on a suspended license, subsequent offense. After several hearing and courts dates, a trial was scheduled, and at the trial date Attorney Barabino was able to obtain an agreement with the District Attorney to reduce the subsequent offender portion of the charge and make a deal for short probation, no conditions of the lesser included offense only.
RESULT: Subsequent Offense, REDUCED, SHORT PROBATION, NO CONDITIONS

Probation Violations, WARRANTS RECALLED, PROBATION DISMISSED, ALL CHARGED DISCHARGED, NO JAIL TIME, NO CONVICTIONS

March 2nd 2017
Violation of Probation
Client had been on probation in two different courts for two separate felony charges. During her time on probation, she failed to meet with her probation officer and disappeared for more than two years. She was living out of state and had multiple holds for court warrants for her arrest. Fortunately, client turned her life around, by getting off drugs and staying clean. She coordinated with Attorney Barabino, who planned her arrival to the courts and probation department, resulting in both her cases having warrants removed, no jail time, no convictions, and dismissals.
RESULT: WARRANTS RECALLED, PROBATION DISMISSED AND ALL CHARGES DISCHARGED, NO CONVICTIONS, NO JAIL

Use of Motor Vehicle w/out Authority, Trespassing, MOTION TO DISMISS ALLOWED

January 24th 2017
Use Motor Vehicle Without Authority
Trespassing
Smart professional employed at an airport was accused of taking a person’s car without authority. According to police, client took the keys to $205,000 Porsche that was not his. In the end, Attorney Barabino filed a Motion to Dismiss, an affidavit, and memorandum of law. All of which allowed by judge.
RESULT: Motion to dismiss, ALLOWED.

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.

Illegal Drug Possession, CHARGE DISMISSED, Conspiracy, REDUCED AND DISMISSED AFTER 21 DAYS PROBATION

November 18th 2015
Drug, Possession to Distribute Class D
Conspiracy
Client was a high school student and charged with Conspiracy to Distribute Marijuana and a separate charge of Possession with Intent to Distribute. After a previous dismissal, he found himself back at the same court for trial. With nearly a fourth a pound of marijuana, cash, and a scale, we were ready for trial. Moments before the trial began we agreed to a deal with the Commonwealth that would dismiss the Conspiracy charge, reduce the possession to distribute charge to simple possession, and dismiss the simple possession charge after a 21-day probation.
RESULT: CHARGE DISMISSED. SECOND CHARGE REDUCED AND DISMISSED AFTER PROBATION OF 21 DAYS. NO CONDITIONS.

Failure to Register, CONDITIONAL DISMISSAL

June 24th 2015
Failure to Register as a Sex Offender
Client made several mistakes nearly ten years prior. Those mistakes led him to be listed as a sex offender, with all the requirements of registration. He had several children and was a law abiding person working many hours to maintain stability for his family. According to police, he made mistakes on his registration and was charged with failure to register as a sex offender. The investigation into defendant was very sophisticated and intensive. The police tracked the defendant to locations outside of his hometown and took photographs. Police applied for an received a search warrant for a GPS tracking device for his motor vehicle. Police also installed a hidden motion detector on a telephone pole at a fixed location, among conducting other investigative techniques. They also secured an videotaped admission from the defendant. After an exhaustive review of the thousands of pieces of evidence, Attorney Barabino filed a motion to suppress, with a lengthy memorandum of law. On that day, prior to the hearing, the judge, who would also allow defendant to admit to the allegation, took an agreed tender that if defendant stays out of legal trouble for about a year and one half, the charge would be dismissed. This disposition is called a Continued Without a Finding or “CWOF”. The probation is administrative, so client does not have to appear at the probation department.
RESULT: Motion to Dismiss, FILED, PLEA Entered and if Abides by Probation Terms Case will be DISMISSED.

Illegal Drug Possession, MOTION TO SUPPRESS ALLOWED, CASE DISMISSED

December 20th 2012
Drug, Possession to Distribute Class D Chapter 94C Section 32C(a)
Client was a young man with no criminal record. According to police, client was in a motor vehicle when police approached and saw what they described as smoke emitting from the windows. The police searched and interviewed all the people in the vehicle. During the search of the vehicle, they discovered two scales used for weighing marijuana, and marijuana itself. The amount of marijuana combined with the scales and statements resulted in the arrest of client and another. A Motion to Suppress was filed and testimony was elicited from the arresting officers as well as the parties charged with this crime. After a hearing, the court took the matter under advisement. At the next court date, the court issued their ruling, declaring that the police acted unconstitutionally and that the evidence should be thrown out as inadmissible. As a result, the charges were dismissed.
RESULT: Motion to Suppress, ALLOWED, CASE DISMISSED.

Leaving the Scene of Property Damage, DISMISSED

December 13th 2012
Leave Scene of Property Damage
Client was a hard working music teacher and single dad. According to police, he was in a parking lot and accidently hit another motor vehicle and purposely refused to stop. Client had no criminal history and an excellent driving record. The District Attorney’s main concern was that the other party being made whole and that they had no out-of-pocket expenses. Once that was confirmed, Prosecution simply dismissed the charge with a $200 court cost. Client was very pleased with end result. Case dismissed.
RESULT: Leaving the Scene of Property Damage, 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.