» Charges

Rape Investigation, NO CHARGES FILED

October 5th 2016
Rape of Child, Force
Client was living out of state when he found out that he was being investigated for rape allegations. The allegations were from nearly two decades ago. The victim was related to him, and there were various family dynamics that caused the case to re-surface. In the end, no-charges filed.
RESULT: NO CHARGES FILED.

Not Guilty of Attempted Murder and More

August 18th 2016
Attempted Murder
Stalking
Intimidation of a Witness
Assault with a Dangerous Weapon
Assault and Battery
Assault and Battery
Assault and Battery
Client was a young man who was indicted on the above charges. The case involved a variety of legal issues and challenges to prepare the case for trial, which occurred over a two-year period. In addition to various discoveries, Attorney Barabino had physician expert on standby ready to testify for the defense. After four days of trial, the jury returned verdict of not guilty on all counts, with the exception of two misdemeanors.
RESULT: Jury Verdict: NOT-GUILTY OF ATTEMPTED MURDER, STALKING, INTIMIDATION OF A WITNESS, ASSAULT AND BATTERY AND ASSAULT WITH A DANGEROUS WEAPON.

Assault and Battery on a Police Officer, DISMISSED. Remaining Charges Dismissed if complete 6 months Unsupervised probation.

June 28th 2016
Assault and Battery on a Police Officer
Resisting Arrest
Disturbing the Peace

Client was a hard working waitress who was in a car accident. Police responded to accident. There was a dispute as to what happened next—however the defendant ends up being charged with assault and battery on a police officer, resisting arrest, and disturbing the peace. When police arrived, she was not comfortable with the officers that arrived so she called the police on the police. At that moment, police entered into a struggle with the defendant. The struggle ended up with defendant on the ground and the her being charged with assault on a police officer. Also, the client had two previous charges and admissions to assaulting and battering a police officer in the past. This case went to trial. The experienced district attorney saw that Attorney Barabino was ready and a trial was unavoidable. It was either dismiss the case or a trial. Defense would accept nothing less. Within moments before starting the trial, the district attorney agreed to simply dismiss the charge of assault and battery if client would take a six-month probationary period on the remaining two charges. The probation for the remaining two charges was a “CWOF”, which means continued without a finding, so that at the conclusion of the probationary period the two remaining charges would be dismissed. No Criminal Record and Assault and Battery on the officer.
RESULT: Assault and Battery on a Police Officer, DISMISSED. REMAINING CHARGES DISMISSED UPON CONDITIONS OF SIX MONTHS UNSUPERVISED PROBATION.

Resisting Arrest, NO JAIL TIME, Assault and Battery on a Police Officer, DISMISSED

December 17th 2013
Resisting Arrest
Assault and Battery on a Police Office
Client, a hairdresser, had accumulated several criminal complaints against her, alleging she had committed several different crimes. In each case, the police alleged that the defendant was unruly and offensive to police when they arrived to respond to the 911 emergency calls. On one occasion, the defendant went into her home and refused to leave. When police asked her to step outside she, according to Police, pushed the officer from behind and used some profanity. When police began to arrest her, they claimed she required three cops to arrest her due to her violent nature and actions. Attorney Barabino and the defendant were comfortable in having a jury decide whether she intended to commit Assault and Battery on an Police Officer. However, at the trial date, it was unnecessary as the District Attorney simply dismissed the charge. Probation was allowed on the remaining charges and no jail time as a result.
RESULT: Assault and Battery on a Police Officer, DISMISSED. NO JAIL TIME ON OTHER CHARGE, RELEASED FROM CUSTODY.

Assault and Battery, Vandalism, BOTH CHARGES DISMISSED

July 18th 2012
Assault and Battery
Vandalize Property
Client, a former NHL Player and Vietnam War veteran, was charged with assault and battery and vandalizing property. According to the police report, a young boy in the neighborhood was acting unruly and assaultive towards other young boys and girls. Client, witnessing this dangerous behavior, took action by restraining the young boy—leaving a small mark and (possibly) ripping his shirt. Fortunately, a seasoned and experienced district attorney was assigned to the case, who after speaking and doing her own investigation, determined that the actions of defendant should not be criminally prosecuted---the case was dismissed.
RESULT: BOTH CHARGES DISMISSED.