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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.

Abuse Prevention Order Violation, FILED AND ALLOWED, CASE DISMISSED

January 21st 2014
Abuse Prevention Order
Client was a hard working woman with no criminal record. According to police, her ex-lover said she violated a recent restraining order that was in place. Police could have mailed her a letter ordering her to court—but choose to arrest her instead while in her workplace. Humiliated about the workplace arrest and concerned about a possible criminal record, she and Attorney Barabino filed several motions to help her case, including a Motion to Dismiss. That motion had a legal memorandum outlining the reasons and justification for the court to order dismissal. The court arranged for a hearing date, and today, after a hearing had been previously held nearly two months ago, the court entered a formal dismissal in her favor, outlining the reasons for the motion to be allowed. Case dismissed.
RESULT: Motion to Dismiss, FILED, ALLOWED, CASE DISMISSED.

False Prescription, APPLICATION FOR COMPLAINT DISMISSED

July 22nd 2013
Uttering a False Prescription Section 94C Section 33E
Client was a licensed professional who had been caught by law enforcement passing a false prescription for a narcotic. The evidence was clear, and the police did an investigation that was accurate, professional and proper. The client had no criminal record, and the police were receptive to negotiating the matter. Attorney Barabino was able to meet with law enforcement prior to the magistrates hearing and at the hearing produced mitigating documentation, which included prescription history as well as evidence of new drug screen and related matters. As long as client does not re-offend and remains out of any criminal conduct, the matter will be dismissed without client ever appearing in a courtroom and more importantly without any stains on her criminal record.
RESULT: Application for Complaint, DISMISSED.