» Testimony

Assault and Battery, CROSS COMPLAINT SECURES DISMISSAL

December 20th 2016
Assault and Battery
Client was a hard-working veteran and full-time US Army serviceman. He was charged with assaulting and battering his soon to be ex-wife. Conviction of such a crime would seriously threaten his military career. Fortunately, Attorney Barabino was able to cleverly find away around the charges. After an investigation, it was determined that the accuser appeared to have broken some laws. Attorney Barabino began the process for filing for a hearing to issue criminal charges against the accuser. The paperwork was filed and hearing was eventually held. At the conclusion of hearing, magistrate agreed with Attorney Barabino that charges should be filed against the accuser. A trial date was set but because charges were filed against accuser, she would incriminate herself if she testified. Both cases were consequently dismissed.
RESULT: Cross-complaint issued. Charges DISMISSED.

Motion to Suppress, PARTIALLY ALLOWED, CASE DISMISSED

March 5th 2015
Unarmed Robbery
Assault and Battery
Client was charged with Unarmed Robbery and Assault and Battery. According to police, a man called police and said three people just beat him up and robbed him. Unfortunately for defendant and two friends, they had been walking down the street from a party just a few blocks away. Initially, police found money in their pockets similar to what had been taken, blood on one person's shirt, and positive identification from the victim. However, soon it became clear that they were a victim themselves as a large party of similar looking people had just concluded. There was no blood and the money was simply their own. Nevertheless, the case proceeded through the court system. The police testified at a hearing that the young men were all friendly and respectful. Prior to trial, a challenge by Attorney Barabino and his two co-defendant lawyers petitioned to Suppress the Identification—as it was simply the wrong one---or a misidentification. Ultimately, that motion was partially allowed and the District Attorney elected to dismiss all charges. Case dismissed.
RESULT: Motion to Suppress, ALLOWED (In Part), Case DISMISSED.

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.
RESULT: Jury Verdict: NOT- GUILTY

Illegal Drug Possession, MOTION TO SUPPRESS ALLOWED, CASE DISMISSED

December 20th 2012
Drug, Possession to Distribute Class D Chapter 94C Section 32C(a)
Client was a young man with no criminal record. According to police, client was in a motor vehicle when police approached and saw what they described as smoke emitting from the windows. The police searched and interviewed all the people in the vehicle. During the search of the vehicle, they discovered two scales used for weighing marijuana, and marijuana itself. The amount of marijuana combined with the scales and statements resulted in the arrest of client and another. A Motion to Suppress was filed and testimony was elicited from the arresting officers as well as the parties charged with this crime. After a hearing, the court took the matter under advisement. At the next court date, the court issued their ruling, declaring that the police acted unconstitutionally and that the evidence should be thrown out as inadmissible. As a result, the charges were dismissed.
RESULT: Motion to Suppress, ALLOWED, CASE DISMISSED.

Probation Violation, EXTENSION BUT WITH NO JAIL TIME AND NO CONVICTION

November 28th 2012
Probation Violation/Surrender Chapter 279 Section 3
Client was a college-educated professional already on probation for drug related offenses. During her period of probation, it was alleged that she flipped a motor vehicle and left the scene. The police investigating the incident came to the conclusion that she was probably the operator of the motor vehicle, despite her repeated assertions that she was not. Moreover, the police charged her with filing a false police report since they didn’t believe her statement that the car was stolen. As a result, a probation violation was found. At the final hearing, a joint agreement to extend probation by six months and that she could keep her CWOF—meaning no conviction--was made.
RESULT: Probation Extended with NO JAIL TIME AND NO CONVICTION.

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.

Abuse Prevention Order, DISMISSED ON THE DAY OF TRIAL

March 1st 2012
Abuse Prevention Order Chapter 209A
Client was a young man and father that was on a three year suspended sentence in New Hampshire for another crime. If he was convicted on the above offense of violating a restraining order, he would not only be charged for his crime in Massachusetts but would also serve a three year sentence in New Hampshire. According to the police, client was seen leaving a restricted area that he was ordered to stay away from. At trial, Attorney Barabino requested the court appoint an attorney to investigate if the complainant was lying to police. At the conclusion of the hearing, the complainant was required not to testify, leaving the Commonwealth with only one option---to dismiss the case.
RESULT: Restraining Order Charge DISMISSED ON THE DAY OF TRIAL.