» Criminal Charges

Assault and Battery, CHARGES NOT ISSUED

March 31st 2016
Assault and Battery
Client was a young man who had an emotional outburst. Being hard to manage, his mother called the police to give him aid. When police arrived, they witnessed an assault and battery. This was not the first time the police had been to the home. Charges were filed and a clerk magistrate hearing was held to determine if there was: 1) probable cause for the charges to be officially filed; and 2) if probable cause existed could this case be deferred or resolved without criminal charges. Probable cause was found, but based on the complexity of all the issues, age of the child, and background, it was determined that charges would not go forward and none would issue.

Assault and Battery, Intimidation of a Witness, REQUEST TO DISMISS ALLOWED

February 13th 2012
Assault and Battery Chapter 265 Section 15a
Intimidation of a Witness Chapter 268 Section 13b
Client was a non-citizen computer programmer with a bright future. As a married professional from Pakistan with children born in the United States, he had every expectation of continuing his life and career in the US. He was charged with Assault and Battery and Intimidation of a Witness (his wife). The police alleged that he assaulted her with a boot and refused to allow her to call police. Eventually, she went inside her home and called police. When police arrived, she made damaging statements to them and allowed them to take pictures of her injury. Attorney Barabino took the case to trial and since the wife was precluded from testifying as a result of a “spousal privilege”, the case was dismissed entirely.
RESULT: Defendant’s Request to Dismiss, ALLOWED. NO RECORD.