» Complaint Dismissed

5th AMENDMENT

April 17, 2019
Assault and Battery on a Family Member
A wonderfully supportive mother of a young college student asked her son to clean his room. Son felt that mother’s requests were unreasonable and began videotaping mother with his phone as he lay in bed. Mother got agitated and tried to grab the phone from son. Son called police and police arrested mother. Police charged MOTHER with assault and battery. They arrested mother despite the son admitting that he bit his mother. The Essex County district attorney sought cash bail believing that the community member who had lived and worked in the area for thirty years and had no criminal record would flee the jurisdiction. Attorney Barabino asked for and received personal recognizance with some conditions pending trial. A trial was sought as the district attorney refused to dismiss the charges. Ironically, it was the mother who woke up son and drove him to court for her trial. At trial, Attorney Barabino sought that the young man be appointed a lawyer for a Fifth Amendment privilege, despite the district attorney believing that one did not exist. The judge allowed Attorney Barabino’s request and the victim asserted his Fifth Amendment right to self-incrimination. The judge dismissed the case.
Result: CHARGE DISMISSED AT TRIAL via Fifth Amendment Assertion.

Suspended License Violation, APPLICATION FOR COMPLAINT DISMISSED PRIOR TO ARRAIGNMENT

July 17, 2014
Operating Motor Vehicle with Suspended License
Client was a hard-working, perfect SAT-scoring engineer, who was simply accruing too many moving violations, which confusingly triggered multiple license suspensions. After clearing up one of the violations in a different court, the above complaint issued, but fortunately he applied for and received a clerk-magistrate hearing. The clerk magistrate was diligent, fair, and respectful. He stated that if three months were to elapse without any further offenses, client should expect no complaint to issue. Client appeared with Attorney Barabino and the case was in fact dismissed, prior to arraignment, and the paperwork shredded by the court.
Result: Application for Complaint DISMISSED, PRIOR to Arraignment.