» Dismissal

April 3, 2017
Assault and Battery
Client was a hard-working contractor. He was charged with assaulting and battering his houseguest. Charges were filed against both parties as even the police believed “mutual combat” had taken place. In the end, prior to starting the trial, the accuser failed to appear—resulting in a dismissal of the charge.
Result: CHARGE DISMISSED ON THE DAY OF TRIAL.

March 27, 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 a night of drinking he made threatening gestures and statements, all of which were 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 forty-two-week (42-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

March 20, 2017
Solicitation
Client was a hardworking professional and father. Client sought the services of a person who attempted to engage in sexual relations for a fee, but found himself caught up in a sting operation coordinated by police instead. He was charged and arraigned in court. Upon reviewing the client's background and the facts, which included a lack of criminal history, a deal was negotiated where the client would have the case dismissed upon a payment of $500.00.
Result: CASE DISMISSED, upon payment of five hundred dollars.

March 7, 2017
Assault and Battery with a Dangerous Weapon
Client was a married and accomplished professional with no prior record. A conviction or admission to charges of Assault and Battery With a Dangerous Weapon would have been catastrophic to his career path. After consultation with all parties, an agreement was reached invoking a marital privilege on the day of trial.
Result: ALL CHARGES DROPPED on the day of trial

March 2, 2017
Violation of Probation
Client had been on probation in two different courts for two separate felony charges. During her time on probation, she failed to meet with her probation officer and disappeared for more than two years. She was living out of state and had multiple court warrants for her arrest. Fortunately, client turned her life around by getting off drugs and staying clean. She coordinated with Attorney Barabino, who planned her arrival to the courts and probation department, resulting in both her cases having warrants removed, no jail time, no convictions, and dismissals.
Result: WARRANTS RECALLED, PROBATION DISMISSED AND ALL CHARGES DISCHARGED, NO CONVICTIONS, NO JAIL

December 20, 2016
Assault and Battery
Client was a hard-working veteran and full-time US Army serviceman. He was charged with assaulting and battering his soon-to-be ex-wife. Conviction of such a crime would seriously threaten his military career. Fortunately, Attorney Barabino was able to cleverly find a way around the charges. After an investigation, it was determined that the accuser appeared to have broken some laws. Attorney Barabino began the process for filing for a hearing to issue criminal charges against the accuser. The paperwork was filed and a hearing was eventually held. At the conclusion of the hearing, the magistrate agreed with Attorney Barabino that charges should be filed against the accuser. A trial date was set but because charges were filed against the accuser, she would incriminate herself if she testified. Both cases were consequently dismissed.
Result: Cross-complaint issued. Charges DISMISSED.

June 28, 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 the accident. There was a dispute as to what happened next, however, the defendant ended 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 the defendant on the ground and 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 the 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 for 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.

June 20, 2016
Assault and Battery with a Dangerous Weapon
Assault and Battery
Client was accused of fighting an adult and using a knife. Client claimed he defended himself and never possessed the knife. Opposing party called police first, so the client was targeted by police, using all resources they had available. Those resources included detailed video interrogations, DNA analysis, fingerprint analysis, as well as out-of-court identification processes. After challenging the detailed and professional job of the prosecutor for nearly a year on various points, a motion to suppress the out-of-court identification was filed and a hearing date was set. At the hearing, the District Attorney agreed that the motion should be allowed and that it was dispositive to the case. Case dismissed.
Result: ALL CHARGES DROPPED, MOTION TO SUPPRESS.