» Marital Privilege

Assault and Battery w/Dangerous Weapon, DISMISSED

March 7th 2017
Assault and Battery with a Dangerous Weapon
Client was 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 the day of trial. Case Dismissed, Restraining Order Vacated.
RESULT: ALL CHARGES DROPPED at day of trial

Assault and Battery, DISMISSED

August 10th 2015
Assault and Battery
A retired, married client with no previous record was accused of assault and battery on his wife. There had been recent tension in the marriage and an argument became slightly physical with unpermitted touching. No injuries or marks. The touching was brief and modest. After several court dates and a full evaluation of the evidence collected, the Commonwealth agreed that there was no case if the wife asserted her marital privilege. On today's date, she asserted that right and the case was dismissed.
RESULT: Charge of Assault and Battery, DISMISSED

Assault and Battery w/Dangerous Weapon, DISMISSED

June 12th 2014
Assault and Battery with a Dangerous Weapon
A married insurance professional was suffering some emotional struggles and called police to admit to a criminal act. Upon admitting the act over a recorded telephone call, police went to the home. Upon arrival, police realized that client was intoxicated and emotionally distraught. The case could not be proven without the wife’s testimony and with an expectation that she would not be forced to testify, Attorney Barabino placed the matter on for trial. At trial, the seasoned District Attorney, well versed in the rules of evidence, knew there was simply insufficient evidence to prosecute the case with the wife, as she asserted her marital privilege. Attorney Barabino requested that the matter be dismissed, which the court allowed. Case dismissed.
RESULT: Assault and Battery w/Dangerous Weapon, DISMISSED.

Domestic Assault and Battery, DISMISSED

June 11th 2014
Assault and Battery
A young, classy U.S. Marine war veteran and college student was charged with Domestic Assault and Battery against his wife. According to Police, he spit in her face and pushed her with two hands. Attorney Barabino brought the matter to trial, and at the day of trial, the wife asserted her privilege not to testify against her husband. With no other evidence, the judge allowed a Motion to Dismiss, and the defendant was discharged. Case dismissed.
RESULT: Domestic Assault and Battery, DISMISSED.