» Mistrial


September 11th 2015
OUI - Liquor or .08%
Client was a hard working hairstylist and single mother. According to police, she drank alcohol while under the influence. This case presented a variety of legal issues. Those included conflicting statements by the accused and a parking clerk that stated that she could barely stand. Police officers testified accurately that the accused performed her sobriety test in “less than ideal” conditions and had zero problems with at least one test. In the end, the jury could not reach a verdict. In any criminal trial, all the jurors must agree that the accused is “guilty” beyond a reasonable doubt of the crime charged or “not guilty”. Generally, an agreement is reached, one-way or the other. Sometimes that agreement takes longer than expected. In this case, the jury was deadlocked and simply could not agree. In the end, the parties agreed to a “Rodriguez” charge, which means that the judge is giving them one more opportunity to come to an agreement. Here, the instruction was given, but in the end, the jurors simply could not agree and the court ruled the matter a mistrial. During today's trial, the case was tried again and the witness/employee of the parking garage had an even different version of the events than before. On today's date, the jury had a quick and decisive decision with a brief deliberation and returned a verdict of not guilty.


September 4th 2013
Negligent Operation of Motor Vehicle
Speeding in Violation of Special Regulation
License Suspended, Operation Motor Vehicle, Subsequent Offense
Assault with a Dangerous Weapon
Resisting Arrest
Attempted Murder
Client was a hardworking father and employee who required representation for several charges. According to police he was a member of a reputed motorcycle gang and was intent on killing a high-ranking member of the local police force. The client was charged with Attempted Murder, Assault and Battery with a Dangerous Weapon, Assault and Battery on a Police Officer, Negligent Operation of a Motor Vehicle, Operating with a Suspended Licenses Subsequent Offense, Resisting Arrest and some civil ordinance violations. According to police, he tried to evade a stop, and tried to kill the officer with his motorcycle and upon being physically stopped tried to assault and beat the officer and resist arrest. A struggle lasted in what the District Attorney stated was one of this officer's most violent struggles. At one point the police alleged that he came dangerously close to his firearm. Eventually, the struggle ended and client was charged with the crimes noted above. Attorney Barabino and client moved through the court process, which the Attempted Murder was first dismissed and no indictment occurred. The matter resolved in District Court and the jury concluded that despite all the allegations, the Commonwealth did not prove that client intended to harm anyone.
RESULT: NOT-GUILTY on Assault and Battery with a D/W, Attempted Murder DISMISSED, License Suspension Subsequent DISMISSED, Assault and Battery on Police Officer DISMISSED after Verdict MISTRIAL.