» Conditions

Assault, Threats, CASE DISMISSED AFTER ONE YEAR

March 27th 2017
Assault
Threats to Commit a Crime
Client was a hardworking professional with a limited prior record. He was charged with Assault of his girlfriend and making threats. According to police, after night of drinking he made threatening gesture and statements, all of were which supported by police charges. Client wanted to resolve the matter without delay and take responsibility. However, even though the District Attorney presented a reasonable recommendation, it included the lengthy (42) forty-two week Batterers Intervention program. Also, the District Attorney wanted random drug testing. After a hearing, the judge agreed with Attorney Barabino that the prior two conditions were not necessary as long as defendant agreed to remain alcohol free.
RESULT: No Batterers Program Required and No Drug and Alcohol Screens- CASE DISMISSED AFTER ONE YEAR

Assault and Battery, CONDITIONAL PROBATION WITHOUT GUILT

July 12th 2016
Assault and Battery
Client was a hard working electrician accused by family member of assault and battery. The family member was relentless in her pursuit, alleging long term abuse. In this event she alleged that long term abuse by an alcohol abusing family member resulted in a bruise on her leg and PTSD. After intensive discovery pursuits of relevant materials, the case was scheduled for trial. On the day of trial, a last minute deal was struck whereby the defendant was to admit to “sufficient facts” for the charge and agree to be on probation for a period of a year. He would also complete and anger management program and alcohol screens—only if an independent evaluator determines he has a problem with alcohol. Otherwise, if the conditions are met, after one year of time, his case will be terminated with a dismissal.
RESULT: Assault and Battery, CONDITIONAL PROBATION WITHOUT GUILT.

Domestic Assault and Battery, DISMISSAL

January 12th 2016
Domestic Assault and Battery
Client was a hard working nurse, wife, and mother. According to witnesses, she drank a bit too much and slapped her husband several times. Department of Children and Family Services were called but declined to investigate further. At arraignment, Commonwealth sought random alcohol screens and Attorney Barabino argued they were not necessary as a condition of release. The court agreed with Attorney Barabino, and the case was dismissed at trial with a marital privilege exception.
RESULT: DISMISSAL