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Assault and Battery with a D/W (Dangerous Weapon), FELONY DISMISSAL

April 24th2018
Assault and Battery with a Dangerous Weapon
Client, a young adolescent, was being bullied and simply didn’t want to be bullied any longer. Finally, client decided to challenge bully to fistfight and subsequently won the fight. However, after the fight bully and called police and an investigation followed. According to police, client had hit him multiple times, resulting in a concussion and other small injuries. However, the medical documentation that the District Attorney sought was not available and co-defendants that had also been involved in the fight were not able to provide evidence. In the end, Attorney Barabino and client sought and received a jury trial date and when the person who made the complaint failed to appear as a witness at the trial date, the case was forced to be dismissed. Felony Case Dismissed.
RESULT: Assault and Battery with a D/W ( Dangerous Weapon), FELONY DISMISSAL

Unlicensed Operation, Alcohol in Motor Vehicle, Inspection Sticker, MOTION TO DISMISS ALLOWED, ALL THREE CHARGES DISMISSED

November 24th 2012
Unlicensed Operation of a Motor Vehicle Chapter 90 Section 10
Inspection Sticker Chapter 90 Section 20
Alcohol in Motor Vehicle, Possession Open Container Chapter 90 Section 24I
Client was an out-of-state resident who was driving in Massachusetts without a license. He was stopped by police and charged with various offenses. According to the police report, client was stopped initially due to his lack of Massachusetts license, a criminal offense. Once he was stopped he was charged with other crimes. Attorney Barabino reviewed all the reports and ticketing information processed by police for this arrest. Upon a through review, he determined the tickets issued by police were not in compliance with required regulations. As a result of the police not following the proper requirements, he filed a Motion to Dismiss, along with a lengthy memorandum of law. The court held a hearing to listen to the legal arguments presented by Attorney Barabino, and at the conclusion of the hearing the judge allowed Attorney Barabino’s Motion to Dismiss the three charges.
RESULT: Motion to Dismiss, ALLOWED. ALL THREE CHARGES DISMISSED.