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Second Offense OUI, DISMISSED

January 30th 2018
2nd OFFENSE OUI- Liquor or .08%
Leave Scene of Property Damage
Disorderly Conduct
Resisting Arrest
License Suspended, For OUI, Operating with Chapter 90 Section 23
Client, a young woman who was on probation for operating under the influence, was charged a second time for the offense. She had a list of additional charges that followed after her arrest. The case involved several eyewitnesses and statements. A comprehensive interview followed from the defense and eventually trial was scheduled. On day of trial, Commonwealth stated that they simply did not have the evidence to support the requisite element of “operation”. Case Dismissed. All Charges Dropped.
RESULT: ALL CHARGES DISMISSED AT DAY OF TRIAL

Assault and Battery on a Family Member, CHARGES DISMISSED AT TRIAL

July 18th 2017
Assault and Battery on a Family Member
Client and his girlfriend were arguing in early morning hours in the street. Police were called and interviewed both parties. Girlfriend said she was punched in the face, but soon after denied it, and was consistent in her statement. At the time of trial, couple had since broken up. Despite that breakup, she again came to court and said a lie is a lie, that she would not say he did it, ever—because he did not, she claimed. The District Attorney dismissed the case.
RESULT: BOTH CHARGES DISMISSED AT TRIAL.

Assault with a Dangerous Weapon, Disorderly Conduct, MOTION TO SUPPRESS ALLOWED, ASSAULT WITH A DANGEROUS WEAPON DROPPED

April 12th 2012
Assault with a Dangerous Weapon Chapter 265 Section 15B (b)
Disorderly Conduct Chapter 272 Section 53
Client was unemployed and was charged with Assault with a Dangerous Weapon as well as Disorderly Conduct. Police allege that he was purchasing alcohol when he had a dispute with another gentleman and that man's female friend. Eventually a knife was alleged to have been displayed by client and client was subsequently arrested. Initially, client refused to admit to wrongdoing to the police—yet when police interviewed him a second time, he admitted threatening the other man. However, when police interviewed client that second time, he was not given his Miranda Rights. When that was discovered, Attorney Barabino filed for a Motion to Suppress all the statements made, since the police did not “mirandize” client. The court, after reviewing and hearing testimony, agreed with Attorney Barabino and allowed his Motion to Suppress the admission of guilt. At the day of trial, the witnesses recanted their testimony---the District Attorney simply dropped the charge of Assault with a Dangerous Weapon.
RESULT: Motion to Suppress, ALLOWED, Assault with a Dangerous Weapon, DROPPED.