Recent Cases

May 27th 2008
Indecent Assault and Battery on a child over 14
Indecent Assault and Battery on a child over 14
Assault and Battery
Client, a juvenile, was charged with two separate counts of Indecent Assault and Battery on two separate people and one count of Assault and Battery. The case began over two years ago and after several hearings and investigations, a trial date was set. However, because the evidence against client was strong and the victims were very involved in the process, Defense decided on a jury trial. After answering ready at trial, the District Attorney made an offer which included the juvenile accepting a commitment to the department of youth services and in exchange there would be a dismissal of the two sex related charges. Client had both sex-related charges withdrawn by prosecution (dismissed) and had no obligation to register as a sex offender. In exchange, client would commit to a three-to five month commitment to the department of youth services, but client could return to high school in the Fall of 2008.
RESULT: SEX CHARGES WITHDRAWN ON CONDITIONAL AGREEMENT.

May 5th 2008
Vandalizing Property
Client was an adult already serving five years in state prison and awaiting trial on another charge, which was likely to result in up to ten additional years in prison when Attorney Barabino accepted representation on a separate issue. According to the officials at the house of correction, the client ripped the sprinkler system out of the ceiling, resulting in the activation of those sprinklers and causing a major disruption and some damage to the facility. The District Attorney charged him with Destruction of Property, Disconnected a Sprinkler System and Prisoner Vandalizing Prison Property. The client initially admitted to the charges, but then the judge sentenced him to an additional thirty days from and after the completion of his current sentence. At this time, Attorney Barabino decided to withdraw the plea agreement and went to trial instead. At trial, additional negotiations took place and client accepted a disposition that resulted in no additional jail time.
RESULT: Charge of Prisoner Vandalizing Prison Property DISMISSED. Remaining two charges result in an admission with prison time served and NO ADDITIONAL TIME TO SERVE after initial sentence.

April 14th 2008
Uttering a False Check
Uttering a False Check
Conspiracy
Conspiracy
Client, a young man, was charged with six specific criminal charges, which included Uttering a False Check (two counts), Counterfeit Travelers Check (two counts), and Conspiracy (two counts), after it was alleged that he engaged in activities with several other people which included the purchase of counterfeit travelers checks. After several months of pre-trial hearings and motions, Attorney Barabino requested a jury trial. At client's jury trial, the Commonwealth made a decision not to pursue the accused and allowed him to have general continuance, which prevents any record or penalties for these serious crimes.
RESULT: ALL CHARGES DISMISSED after six months with NO PROBATION REQUIREMENTS NOR OBLIGATIONS. NO ADMISSION TO CRIME.

March 25th 2008
Armed Robbery
Armed Robbery
Client, a fifteen year old was out on a "Liberty Pass" from his commitment to the Department of Youth Services when he was indicted as a youthful offender of two counts of Armed Robbery with a knife. The case involved several youths and took place over the course of nearly two years. Attorney Barabino and his client worked together to rebut the accusation made against him and prepare for trial. Trial preparation included gathering defense witnesses and their preparation, compiling a review of trial transcripts, defense investigation of several people, and related trial rehearsal for a potential penalty that had the potential to include decades of imprisonment if convicted. After several trial dates, the court and the Defense were ready, and the District Attorney was ready to proceed. However, before the jury was sworn in, Attorney Barabino requested that the judge have a third attorney interview an accuser in the case to see if his testimony would incriminate him under the Fifth Amendment to the U.S. Constitution. After consulting with a third party attorney, the client sought not to testify, leaving one additional accuser who did not appear for unknown reasons.
RESULT: CASE DISMISSED

March 20th 2008
Possession with Intent to Distribute Cocaine
Client, a fifteen year old, was out on "Liberty Pass" from his commitment at the Department of Youth Services when he was charged with Assault with a Dangerous Weapon. The police report alleged that client fired a weapon at accuser and his girlfriend. However, the defense investigation discovered facts to the contrary. After an examination of the forensic evidence, review of 911 transcripts, fingerprint evidence, and a search warrant, Defense knew that not only was the client innocent but it could be proven at trial. The young man was potentially facing several years of incarceration since he was indicted as a Youthful Offender. Defense answered ready for trial but with limited evidence at their disposal the Commonwealth was not positioned to proceed.
RESULT: CASE DISMISSED

March 17th 2008
Probation Violation/Surrender
Client, a man in his late thirties, was accused of stalking a girlfriend of nearly seven years. Additionally, he was on probation with a three-year suspended sentence for violation of a restraining order against his accuser of the stalking. The District Attorney sought to take him into custody under the dangerous statute (58A) and ultimately incarcerate him. Attorney Barabino moved to have a full hearing, and the judge agreed that the 58A should be dismissed. However, probable cause was found for a probation violation and client was held in custody. Client was re-probated with no additional prison time and two of three probation violations dismissed. The stalking charge was plead with a (CWOF Disposition) and will be dismissed when client finishes probation. Upon completion of probation, new charges would be dismissed and probation completed with no additional prison time after hearing.
RESULT: TWO OF THREE PROBATION VIOLATION CHARGES DISMISSED, CONDITIONAL DISMISSAL OF OTHER CHARGES

March 11th 2008
Assault and Battery with a Dangerous Weapon
Assault and Battery with a Dangerous Weapon
Assault and Battery with a Dangerous Weapon
Intimidation of a Witness
Assault with a Dangerous Weapon
Client, a smart, hardworking immigrant working toward finishing school and applying for citizenship was accused by police of multiple violent actions. The accusation included multiple counts of Assault and Battery with a Dangerous Weapon (mostly household items), two counts of Assault and Battery, one count of Assault, and one count of witness intimidation. Attorney Barabino worked closely with client very early in the process, and all parties went to court over the accusations. After a Fifth Amendment was entered at Attorney Barabino's request, the charges were dropped.
RESULT: CASE DISMISSED

March 6th 2008
Malicious Destruction of Property
Client was charged with driving a vehicle that shot paintball pellets at another vehicle. Three people in total were charged with the same offense. The other two defendants admitted to the crime and were given probation. Attorney Barabino and his client went to trial, and the case was dismissed.
RESULT: CASE DISMISSED