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Violation of Abuse Prevention Order, NOT GUILTY AFTER TRIAL

September 5th 2017
Abuse Prevention Order
Client, a hard-working father, had been in a romantic relationship with a woman years ago. When the relationship ended, she secured a restraining order which prohibited him from being within 100 yards of her at all times. According to her, while she was working at her place of employment, he went to the place of employment and stared at her in violation of the order. Defense agreed that he did briefly walk by her store where she was working, but that he did not know she worked there and he was as surprised as she was to discover her there. Although a strong case for the defense, the Commonwealth felt otherwise. The Commonwealth brought the case to trial and even obtained prior allegations against the defendant to show his “bad acts”. At trial, judge ruled that the Commonwealth could not admit the prior bad acts, as a guilty verdict would surely mean deportation for the otherwise, innocent defendant. However, after witness after witness testified, a not guilty verdict was returned.

Assault and Battery Charges, DISMISSAL OF ALL CHARGES

June 17th 2014
Aggravated Assault and Battery on Pregnant Woman
Aggravated Assault and Battery on Pregnant Woman
Aggravated Assault and Battery on Pregnant Woman
Client was charged with Assault and Battery on his pregnant girlfriend. According to police, he had hit her on three separate occasions. Prior to this charge, he was charged with a pending case of indecent assault and battery on a child and other related assault charges. Since those cases were pending prior to this matter, he was held without bail on a 58A Dangerous Hearing and Bail Revocation. At trial, Attorney Barabino requested that the court perform an investigation as to the complainant-proposed testimony to protect his Fifth Amendment rights. After the hearing was complete, client was provided a waiver from testifying, resulting in no choice but a dismissal of his most recent charges and immediate release from confinement.
RESULT: “Martins” Hearing results in DISMISSAL OF ALL CHARGES.

Larceny from a Building, NOT GUILTY

September 18th 2013
Larceny from a Building
Client was a young man charged with the felony offense of Larceny from a Building. According to police and surveillance video provided by the establishment, the Defendant did take a pocketbook. However, after several witnesses testified that the bag was left untouched in his friend’s car and the Defendant testified himself explaining that his girlfriend had the same type of purse, the jury quickly agreed that he simply made a mistake.