Recent Cases

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

November 10th 2008
Assault and Battery
Client was accused of pushing an ex-girlfriend out of his vehicle while the vehicle was in motion. The client denied the accusation and had been with a friend at another location at time of the accusation --as a result that friend became his alibi witness. Attorney Barabino appeared for trial ready with his client with the alibi witness and two Marblehead Police Officers who became involved in the investigation. At trial, the Commonwealth had one witness to the alleged incident but not the complainant. Consequently, Attorney Barabino sought and received a dismissal.
RESULT: CASE DISMISSED

October 27th 2008
OUI- Liquor or .08%
Breakdown Lane Violation
Marked Lanes Violation
Client was reportedly driving erratically when police arrived at the scene and observed the same. Upon an investigatory stop, the police took note of a nearly empty vodka bottle and an apologetic client. According to the police officer, client was unable to comprehend the instructions he had been given. During the stop, the officer made observations that included red glassy eyes, slurred speech and the pungent smell of alcohol. Additionally, the officer indicated that the client made several admissions to driving under the influence. With the following facts before the court, Attorney Barabino and client sought to make an admission so that he could be allowed to regain his right to drive and put the matter in the past. Attorney Barabino was able to negotiate a "not responsible" on one of the two civil infractions and the optimal disposition allowed by law on the OUI, short of a not guilty.
RESULT: ONE COUNT NOT RESPONSIBLE, OUI Liquor Probation for twelve months with minimum fines and fees allowed by law; upon completion of probation case will be DISMISSED if completed probation.

October 14th 2008
Assault and Battery
Intimidation of a Witness
Boyfriend and girlfriend had been drinking more than they should have. As the night went on, client was accused of calling accuser slanderous names and eventually attempting to choke her. Accuser called 911 and wrote witness statements and reported the incident to police as well as providing documentation of her swollen facial area. At trial, the accuser was unavailable, and as a result, the case was dismissed upon request of Attorney Barabino.
RESULT: CASE DISMISSED

October 10th 2008
Assault
Husband and wife have been having marriage difficulties. During an argument, the husband said and did things to the wife that could constitute the crime of Assault. Attorney Barabino moved to have the wife enter into a Marriage Waiver during a hearing which would eliminate the possibility of her testifying at trial -her testimony was excluded and the District Attorney was left with no option but to dismiss the matter.
RESULT: CASE DISMISSED

October 8th 2008
Assault and Battery
Client was charged with Assault & Battery after he entered into an argument with a fellow shopkeeper in Beverly. After client went into shopkeeper's building, it was alleged that he pushed the accuser with such force that his shoulder was dislocated. After an investigation, an independent witness surfaced that supported the accuser's story. Nonetheless, Attorney Barabino and client remained confident in their case and the jury's ability to find the truth. At trial, the judge, Attorney Barabino, and the District Attorney agreed that client would pay $599.80 and the case would simply be dismissed and closed.
RESULT: CASE DISMISSED upon payment of $599.80