» Fifth Amendment

Accessory After the Fact for Murder, GRAND JURY AND FIFTH AMENDMENT REPRESENTATION

December 23rd 2016
Accessory After the Fact for Murder
Intimidation of a Witness
Client was a young lady believed to be a key witness to a murder. Attorney Barabino reviewed various pieces of discovery and evidence. Compiled background, interview of client, and advise for decision-making.
RESULT: GRAND JURY REPRESENTATION, FIFTH AMENDMENT REPRESENTATION

Assault and Battery Charges, DISMISSAL OF ALL CHARGES

June 17th 2014
Aggravated Assault and Battery on Pregnant Woman
Aggravated Assault and Battery on Pregnant Woman
Aggravated Assault and Battery on Pregnant Woman
Client was charged with Assault and Battery on his pregnant girlfriend. According to police, he had hit her on three separate occasions. Prior to this charge, he was charged with a pending case of indecent assault and battery on a child and other related assault charges. Since those cases were pending prior to this matter, he was held without bail on a 58A Dangerous Hearing and Bail Revocation. At trial, Attorney Barabino requested that the court perform an investigation as to the complainant-proposed testimony to protect his Fifth Amendment rights. After the hearing was complete, client was provided a waiver from testifying, resulting in no choice but a dismissal of his most recent charges and immediate release from confinement.
RESULT: “Martins” Hearing results in DISMISSAL OF ALL CHARGES.

Assault and Battery, DISMISSED

August 2nd 2012
Assault and Battery Chapter 265 Section 15
According to police, client and boyfriend had called police twice in one night. The first time police spoke with both the client and her boyfriend and left the home---assured that no further commotion would occur. When police were called to the home a second time, they noticed that the boyfriend had marks and scraps that were not visible before. The police then made inquiry to the client and after doing so were satisfied that she was the aggressor. As a result, they charged her with assault and battery. As a non-citizen, a dismissal was essential and an acquittal had to be obtained. At trial, the boyfriend became “unavailable” as a result of a Fifth Amendment hearing, ultimately resulting in a dismissal of the charge.
RESULT: Fifth Amendment of Witness at Trial Results in Assault and Battery Charge DISMISSED