» Resisting Arrest

All Charges DISMISSED

January 25, 2019
Resisting Arrest
Failure to Stop for Police
Negligent Operation of a Motor Vehicle
Hardworking single father of two young children was arrested for Resisting Arrest, Failure to Stop for Police and Negligent Operation of a Motor Vehicle. According to police, client was wanted for assault and battery and to serve a restraining order. Police allege that he was intentionally avoiding police, when in fact he was on the phone with his lawyer (different lawyer) and simply taking his kids to soccer practice. As he left for soccer practice the police flipped on the sirens and pulled him over. They all drew their guns on the children and client. Eventually, they pushed client to the ground and fractured his elbow. All while his kids watched from the vehicle. Upon review, there was no actual warrant for his arrest. After various stages of litigation, an agreement was crafted where the Commonwealth would freeze the case in the position it was, and, if nothing else occurs (such as another arrest), in five months’ time, the case will simply be dismissed with NO admission of wrongdoing.
Result: All CHARGES DISMISSED, with NO admission of Wrongdoing

Second Offense OUI, DISMISSED

January 30, 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 investigation by the defense followed, and eventually a trial was scheduled. On the day of trial, the Commonwealth stated that they simply did not have the evidence to support the requisite element of “operation”.
Result: ALL CHARGES DISMISSED AT DAY OF TRIAL

Resisting Arrest, NOT GUILTY

July 9, 2014
Resisting Arrest
Failure to Stop for Police
A mother of three was driving her car without a registration when police stopped her. She was aware that her registration had expired and that she had been given a break two days prior by the same police department for committing the offense. The officer became aggressive with the defendant and at one point reached into her car. When that occurred, the defendant left and drove to her home, which was also a dead-end street. She calmly waited at her home, in her car, expecting to discuss with police her concerns when the officers arrived. Suddenly, the officer appeared, grabbed her by the arm, and began the process of attempting to pull her from her vehicle. When he incurred some delay in his attempt to pull her onto the driveway and cuff her, he sprayed her in the face with pepper spray three times. As this was occurring, another officer came and began the process of physically handcuffing her and processing her for arrest. The jury went into a second day of deliberations, considering the various arguments, and asking for clarifications on various legal issues. In the end, they all agreed that whatever force was used by the defendant was reasonable, and agreed she was not guilty of Resisting Arrest. The remaining charge was resolved in a $100 fine.
Result: Resisting Arrest, NOT GUILTY After Jury Trial.

NOT GUILTY ASSAULT AND BATTERY, ATTEMPTED MURDER DISMISSED

September 4, 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 License 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 ensued that 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 the client was charged with the crimes noted above. Attorney Barabino and the client moved through the court process, and the Attempted Murder charge was first dismissed and no indictment occurred. The matter resolved in the district court and the jury concluded that despite all the allegations, the Commonwealth did not prove that the 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.