Recent Cases

April 24, 2018
Assault and Battery with a Dangerous Weapon
Client, a young adolescent, was being bullied and simply didn’t want to be bullied any longer. Finally, client decided to challenge the bully to a fistfight and subsequently won the fight. However, after the fight the bully called police and an investigation followed. According to police, client had hit him multiple times, resulting in a concussion and other small injuries. However, the medical documentation that the District Attorney sought was not available and co-defendants who had also been involved in the fight were not able to provide evidence. In the end, Attorney Barabino and client sought and received a jury trial date and when the person who made the complaint failed to appear as a witness at the trial date, the case was forced to be dismissed.
Result: Assault and Battery with a D/W (Dangerous Weapon), FELONY DISMISSAL

March 15, 2018
Assault and Battery OVER 60/Disabled
Client was a respected professional when a family member struck her. In response to her being struck, she reacted in self-defense. When police arrived at the scene, client, and not other party, was arrested. Confident in the innocence of the client, Attorney Barabino prepared for trial even though it was clear that consequences of potential conviction would be severe. Client would certainly lose her prosperous employment, and possibly serve jail time as a convicted felon. On the day of trial, the Commonwealth was unable to proceed, as a necessary witness was unavailable. Attorney Barabino requested that the court dismiss the charges. Dismissal was entered.
Result: CASE DISMISSED AT DAY OF TRIAL

February 21, 2018
Disorderly Conduct
Assault on a Household Member
Client was a hard-working cement contractor who was arrested for giving his son a bloody lip (at the police station). Client’s son was arrested for operating under the influence of drugs and client went to police station to bail him out. When son got aggressive with father in the police station parking lot, father popped him giving him a bloody lip. Father was arrested and charged with assault and battery and disorderly conduct. Eventually, a trial was scheduled and set and moments before the trial was about to begin a deal was struck whereby the defendant would receive a general continuance for six months on the assault and battery charge. The disorderly conduct charge was continued without a finding for three months.
Result: Assault and Battery charge GENERALLY CONTINUED FOR SIX MONTHS, disorderly conduct charge CONTINUED WITHOUT A FINDING FOR THREE MONTHS

February 15, 2018
Disorderly Conduct
Assault on a Household Member
Disturbing the Peace
Client was a hard-working father who had a dispute with his daughter that resulted in him being charged with assault and battery, disturbing the peace, and disorderly conduct. A trial was eventually scheduled and held. There were a number of different versions of the event but the client and his witnesses were consistent on the witness stand with their version of the events. The Commonwealth’s witnesses wavered and were not consistent. As a result, the court delivered not guilty verdicts on the assault and battery and disorderly conduct charges, and only a one-hundred-dollar fine for disturbing the peace.
Result: NOT GUILTY OF ASSAULT AND BATTERY AND DISORDERLY CONDUCT

February 1, 2018
Assault and Battery OVER 60/Disabled
Client was a doctor of research at a pharmaceutical company when a family member suddenly struck him hard. He responsibly called the police to notify them of what occurred. However, after speaking to the person that struck him, the police determined that he was the aggressor and arrested him for this felony offense instead. Attorney Barabino prepared for trial confident in the innocence of his client and the strength of his case despite the severe consequences of a potential conviction. Client would certainly lose his prosperous employment, be deported and separated from his wife and children (as he was on a “green card”), and possibly serve prison time as a convicted felon. On the day of trial, the Commonwealth was unable to proceed as a necessary witness was unavailable, and Attorney Barabino requested that the court dismiss the charges. Dismissal was subsequently entered.
Result: CASE DISMISSED AT DAY OF TRIAL.

January 30, 2018
2nd OFFENSE OUI- Liquor or .08%
Leave Scene of Property Damage
Disorderly Conduct
Resisting Arrest
License Suspended, For OUI, Operating with Chapter 90 Section 23
Client, a young woman who was on probation for operating under the influence, was charged a second time for the offense. She had a list of additional charges that followed after her arrest. The case involved several eyewitnesses and statements. A comprehensive investigation by the defense followed, and eventually a trial was scheduled. On the day of trial, the Commonwealth stated that they simply did not have the evidence to support the requisite element of “operation”.
Result: ALL CHARGES DISMISSED AT DAY OF TRIAL

January 22, 2018
Assault on a Household Member
Probation Violation/Surrender
Client, a federal government employee, was charged with assaulting a family member. After police came to his home, he was arrested and arraigned in court the following Monday. Client was on probation at the time in that very same court for operating under the influence of alcohol, second offense. The judge released him after an arraignment and a probation hearing was held the following month. At that hearing, the defendant agreed to a violation and was allowed to continue with no change in his probation. Attorney Barabino and client began to prepare for trial. At trial, the Commonwealth, after speaking to the alleged victim, decided there was no case and dismissed the charge.
Result: PROBATION SURRENDER SUCCESSFUL, CRIMINAL CHARGE DISMISSED.

January 9, 2018
Indecent Assault & Battery Under 14
Indecent Assault & Battery Under 14
Client was a long-time senior manager for the Commonwealth of Massachusetts. Highly publicized accusations cost him nearly everything, with even the Governor of Massachusetts making his position on the case known to the media. After nearly two years of protracted hearings and preparation, client's case went to trial. Client was found not guilty on both counts.
Result: Both Counts, NOT GUILTY.