Recent Cases

July 9, 2014
Resisting Arrest
Failure to Stop for Police
A mother of three was driving her car without a registration when police stopped her. She was aware that her registration had expired and that she had been given a break two days prior by the same police department for committing the offense. The officer became aggressive with the defendant and at one point reached into her car. When that occurred, the defendant left and drove to her home, which was also a dead-end street. She calmly waited at her home, in her car, expecting to discuss with police her concerns when the officers arrived. Suddenly, the officer appeared, grabbed her by the arm, and began the process of attempting to pull her from her vehicle. When he incurred some delay in his attempt to pull her onto the driveway and cuff her, he sprayed her in the face with pepper spray three times. As this was occurring, another officer came and began the process of physically handcuffing her and processing her for arrest. The jury went into a second day of deliberations, considering the various arguments, and asking for clarifications on various legal issues. In the end, they all agreed that whatever force was used by the defendant was reasonable, and agreed she was not guilty of Resisting Arrest. The remaining charge was resolved in a $100 fine.
Result: Resisting Arrest, NOT GUILTY After Jury Trial.

June 18, 2014
Probation Violation/Surrender
Client was a bright young man who required representation for a probation violation. He had several violations. His violations included multiple positive drug screens—meaning he used drugs in violation of his contractual agreement. He also failed to appear for probation, and additionally, while he was waiting for his final probation surrender, he was charged with another probation violation of assault and battery inside the jail. After months of discussions, the judge said he would release the defendant with conditions. Client stayed in jail for nearly four months—but in the end avoided a lengthy state prison sentence and was released from custody.
Result: CLIENT REPROBATED, with Additional Conditions. NO STATE PRISON TIME.

June 17, 2014
Aggravated Assault and Battery on Pregnant Woman
Aggravated Assault and Battery on Pregnant Woman
Aggravated Assault and Battery on Pregnant Woman
Client was charged with Assault and Battery on his pregnant girlfriend. According to police, he had hit her on three separate occasions. Prior to this charge, he had a pending case of indecent assault and battery on a child and other related assault charges. Since those cases were pending prior to this matter, he was held without bail on a § 58A dangerousness hearing and bail revocation. At trial, Attorney Barabino requested that the court perform an investigation as to the complainant-proposed testimony to protect his Fifth Amendment rights. After the hearing was complete, the client was provided a waiver from testifying, resulting in no choice but a dismissal of his most recent charges and immediate release from confinement.
Result: “Martins” Hearing results in DISMISSAL OF ALL CHARGES.

June 12, 2014
Assault and Battery with a Dangerous Weapon
A married insurance professional was suffering some emotional struggles and called police to admit to a criminal act. Upon admitting the act over a recorded telephone call, police went to the home. Upon arrival, police realized that the client was intoxicated and emotionally distraught. The case could not be proven without the wife's testimony and with an expectation that she would not be forced to testify, Attorney Barabino placed the matter on for trial. At trial, the seasoned District Attorney, well versed in the rules of evidence, knew there was simply insufficient evidence to prosecute the case without the wife's testimony, as she asserted her marital privilege. Attorney Barabino requested that the matter be dismissed, which the court allowed. Case dismissed.
Result: Assault and Battery w/Dangerous Weapon, DISMISSED.

June 11, 2014
Assault and Battery
A young, classy U.S. Marine war veteran and college student was charged with Domestic Assault and Battery against his wife. According to police, he spit in her face and pushed her with two hands. Attorney Barabino brought the matter to trial, and on the day of trial, the wife asserted her privilege not to testify against her husband. With no other evidence, the judge allowed a Motion to Dismiss, and the defendant was discharged. Case dismissed.
Result: Domestic Assault and Battery, DISMISSED.

May 27, 2014
Assault and Battery
A hard-working delivery driver was accused of assaulting his girlfriend. According to police, he pushed her onto the couch, as he wanted her out of his home. When police arrived, he denied these allegations and he was arrested. Attorney Barabino was retained and represented the matter. On the day of trial, the District Attorney was able to speak to the complainant and simply agreed to stop the prosecution with a general continuance.
Result: DISMISSED as a General Continuance in 6 Months. NO ADMISSION OF WRONGDOING, NO COSTS, FEES, OBLIGATIONS, OR COMMITMENTS.

May 7, 2014
Negligent Operation of Motor Vehicle
Fireworks, Possession Unlawful
Client was a 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 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 whereby 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.

May 4, 2014
Assault and Battery
A hard-working father, employee, and candidate for the police academy was arrested for fighting with his brother. Police charged the client with assault and battery. Mandatory disqualification from carrying a firearm if convicted, among many other consequences such as job termination, refusal to enter school property, and possibly jail time. During the case, the District Attorney sought to summon potentially damaging medical records into the court. Fortunately, after a complicated hearing attempt to obtain those records, the Commonwealth chose a compromise, which resulted in a trial date set and a dismissal on that trial date. As agreed, a dismissal entered on the trial date. Case Dismissed. Client can reapply for License to Carry Concealed Permit (LTC) card right away.
Result: Charge of Assault and Battery, DISMISSED. Client CAN reapply for License to Carry Concealed Permit (LTC) card, right away.