Recent Cases

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

September 18th 2008
Assault and Battery
Threats to commit a crime
Disturbing Lawful Assembly
Client had been in a special school for challenged kids. The teacher instructed the student to comply with certain rules and regulations and the student refused. An altercation ensued outside the classroom that resulted in the teacher alleging that he had been pushed multiple times by the student. In addition, the police report indicated that the student made threats to kill the teacher and disrupted the school breakfast for pushing a lunch tray rack over in the presence of several students. Attorney Barabino took the case to trial at which time the District Attorney did not have a key witness, resulting in the judge allowing Attorney Barabino's Motion to Dismiss.
RESULT: CASE DISMISSED

September 15th 2008
Assault with a Dangerous Weapon
Disorderly Conduct
Vandalize Property
Client was charged with the above listed charges, and according to police, admitted to the acts. As stated by the criminal complaint, client had threatened a neighbor with a steel pipe and wrote threatening notes. Additionally, the complainant alleged that defendant kicked and permanently damaged his door. Attorney Barabino brought the case to a jury trial at which point the District Attorney was ready with photographs and witnesses. However, prosecution offered to dismiss the payment of a new door for the complainant of $875.00. As a result of this general continuance or pre-trial disposition of six months, the case was dismissed, preserving his record.
RESULT: CASE DISMISSED

September 9th 2008
Shoplifting
Malicious Destruction of Property
Client was charged with two separate criminal complaints. One complaint stated that he was shoplifting at a local mall and another criminal complaint alleged that he maliciously broke a window of a neighbor after a dispute. Attorney Barabino sought the expert advice of a reputable doctor to examine the client to determine if he was competent enough to stand trial. Prior to the results being provided, the District Attorney agreed to pre-trial probation which allows a full dismissal with no admission of any crime after a three month period of time, with no obligation to the court other than pay $100 for the broken window.
RESULT: CASE DISMISSED

September 8th 2008
Aggravated Assault and Battery on a Child under 14
Aggravated Assault and Battery on a Child under 14
Client, a serviceman in the US Army, was charged with two counts of Aggravated Assault and Battery on a Child Under 14. After several courts dates and hearings, Attorney Barabino took the case directly to trial. At two separate trial dates, the Commonwealth informed the court that they were unable to proceed and both cases were dismissed. As a result, client successfully was able to return to the US Army with no record of any crime.
RESULT: CASE DISMISSED

September 5th 2008
Fugitive from Justice
Client was charged as a Fugitive from Justice for violating his terms of probation in New Hampshire. As a result of his status, Attorney Barabino refused extradition on behalf of client, thus requiring the Governor of New Hampshire to sign a "Governor's Warrant" to bring him back to Massachusetts. After a ninety day period, the Governor of New Hampshire failed to sign the warrant as the statute required and a Motion to Dismiss was filed and accepted by the court. As a result, case dismissed.
RESULT: CASE DISMISSED

August 28th 2008
Unlawful Drug Possession
Client was charged with Possession of Heroin after being seen by what the police described as suspicious behavior at the Liberty Tree Mall in Danvers. The authorities took this possession charge more seriously than most, since client had previously served nearly a decade in federal prison for importing heroin from Thailand and also served nearly another decade for trafficking heroin in Massachusetts. Nonetheless, Attorney Barabino sought to challenge the constitutionally of the initial police investigation that led to his arrest in this case. After several months, the sitting justice asked to discuss the matter and an agreement was reached between defense and prosecution. In return, Attorney Barabino would not challenge the Commonwealth's case. After discussion with client, he sought to accept the disposition of one year for the probation case.
RESULT: CASE DISMISSED AFTER ONE YEAR PROBATION