Recent Cases

January 16th 2009
Vandalize Property
Tagging
Vandalize Property
Tagging
Client was nationally known as someone who "tags". A tagger is someone who spray paints their name or "sign" on various items such as buildings, cars, bridges, etc. The Commonwealth knew they had someone who had been known to tag in several states and were eager to prosecute. However, their eagerness did not transform into evidence. The case was placed for both a Motion to Dismiss and trial. Fortunately, the Motion to Dismiss was successful and the client's case was dismissed.
RESULT: MOTION TO DISMISS ALLOWED, CASE DISMISSED

January 9th 2009
Assault and Battery
Malicious Destruction of Property
Intimidation of a Witness
Client was charged with three charges listed above. At trial, the alleged victim testified that her ex-boyfriend was jealous and jumped into her motor vehicle on her way home from her employment. She continued to testify that he punched her in the face while restraining her wrist. After several blows to the face, she was unable to locate her cell phone and she added that he grabbed her rear view mirror off the windshield and continued beating her in the head with it. She immediately reported the crime and was interviewed by a specialist in domestic violence at the Salem Police Department. As part of the specialist's investigation, he corroborated the broken rear view mirror and took her shirt that had the buttons torn off into evidence. Also admitted as evidence was a signed letter to the alleged victim, admitting client hit her. After trial, the jury returned an acquittal.
RESULT: ALL CHARGES NOT GUILTY

January 6th 2009
Assault and Battery
Assault and Battery OVER 60/Disabled with Injury
Client was charged with two counts of Assault and Battery on two different people. The police alleged that client became irate at his girlfriend when he took their son to her grandfather's home. After client made several phones calls to girlfriend, he came to grandfather's home (where girlfriend was) at 4:00 a.m. and started arguing with girlfriend when the elderly grandfather came downstairs. The grandfather testified that he was pushed into the wall hard enough to leave a bump in his head and lose his breath. The girlfriend jumped in front of him and he pushed her to the ground while exiting the home. After a jury trial, a verdict was returned unanimously in favor of the defense.
RESULT: NOT GUILTY ON ALL CHARGES

December 17th 2008
License Suspended, Operation Motor Vehicle, Subsequent Offense
Client had retained a different attorney in a prior case for driving without a license and was sentenced to sixty-days (60 Days in Jail). Fast-forward to the present, Attorney Barabino's case, the defendant was charged with operating with a suspended license again. The facts against him were strong. They included an admission of wrongdoing and a state trooper that was prepared to testify that she stopped him for the crime and witnessed him operating the motor vehicle on a public way.
RESULT: REDUCTION TO FIRST OFFENSE, NO JAIL TIME, NO CONVICTION

December 9th 2008
Probation Violation/Surrender
Assault and Battery
Assault with a Dangerous Weapon
Threats to commit a crime
Carrying a Dangerous Weapon
Carrying a Dangerous Weapon
Client was charged with threatening his girlfriend with a pistol after a dispute about his alleged infidelity. When he arrived home, they argued. Client denied ever threatening her and when police arrived they surrounded the home only to find client calmly working on his desktop computer. The alleged victim told several stories to police and the district attorney and at trial, she simply refused to appear -leaving the district attorney no choice but to allow the defendant's motion for a dismissal. The weapons that were found were also dismissed since they could not prove the "carrying" element of the crime.
RESULT: CASE DISMISSED

December 8th 2008
Probation Violation/Surrender
Assault and Battery
Client was charged with violating Probation as a result of his refusal to keep appointments with his probation officer as he agreed to do so. Also, he violated probation because of a new charge of Assault and Battery on his wife. Since he was originally placed on probation for Assault with a Dangerous Weapon and simple Assault and Battery, the Judge held him in custody pending the final probation surrender hearing. At the final hearing, Attorney Barabino filed a disposition memorandum and asked the court to simply terminate and discharge the probation to which the court agreed. The client's probation case was dismissed and this prior disposition of a continued without a finding was also dismissed. As a result, no conviction entered and he could apply for his citizenship in the United States as originally intended. Also, his new case of Assault and Battery was dismissed, as the Commonwealth has insufficient evidence (witnesses) to proceed at trial.
RESULT: CASE DISMISSED, PROBATION MATTER DISMISSED.

December 5th 2008
Attempt to Commit a Crime
Attempt to Commit a Crime
Attempt to Commit a Crime
Assault with a Dangerous Weapon
Assault with a Dangerous Weapon
Assault with a Dangerous Weapon
Malicious Destruction of Property
Several youths, including client, were stopped after client was reported to be with several other youths brandishing an otherwise real looking handgun and jumping on a civilian's motor vehicle and demanding that the occupants "open the door" and "give them the money". The group of youths were stopped and an out of court identification was completed and the witnesses identified two people having one handgun. One witness identified client and two other witnesses identified another individual. After consultation with the District Attorney, the case was dismissed.
RESULT: CASE DISMISSED

November 12th 2008
Assault and Battery with a Dangerous Weapon
Client was accused of throwing an I-Pod device at his wife causing bruising to her arm and a welt on her face. After wife was transported to the hospital via ambulance, the police became involved and arrested husband for two counts of Assault and Battery with a Dangerous Weapon. Attorney Barabino sought an evidence motion called a "marriage waiver" which would exclude any testimony of the alleged victim. As a result, the judge dismissed the case since no case could be proven without her testimony.
RESULT: CASE DISMISSED