» Trial

July 17th 2018
Animal Cruelty Chapter
Threats to Commit a Crime
Assault and Battery Chapter
Assault and Battery Chapter
Client was a young man who suffered from serious long-term mental health challenges. He admittingly committed an act of animal cruelty on his girlfriend's pet. In addition, he physically struck two people and made a threat of physical harm. Attorney Barabino got client released from a custodial prison request from the Commonwealth. Client was released to a mental health hospital. After months and months of care and treatment, Attorney Barabino and a number of support staff had an evaluation conducted with a goal to prove that client was not guilty by reason of insanity. Once that expert conducted the evaluation, a trial date was set and on the trial date, no trial was held as the victims were not available. CASE DISMISSED
RESULT: ALL CHARGES DISMISSED.

June 27th 2018
License Suspended, Operation Motor Vehicle, Subsequent Offense
Client was a hardworking father who was in a traffic accident. Upon police inquiry, they determined that his license was suspended. In fact, he had been convicted of the offense before. As a result, the police officer properly charged client with driving on a suspended license, subsequent offense. After several hearing and courts dates, a trial was scheduled, and at the trial date Attorney Barabino was able to obtain an agreement with the District Attorney to reduce the subsequent offender portion of the charge and make a deal for short probation, no conditions of the lesser included offense only.
RESULT: Subsequent Offense, REDUCED, SHORT PROBATION, NO CONDITIONS

February 21^st 2018
Disorderly Conduct
Assault on a Household Member
Client was hard working cement contractor who was arrested for giving his son a bloody lip (at the police station). Client’s son was arrested for operating under the influence of drugs and client went to police station to bail him out. When son got aggressive with father in the police station parking lot, father popped him giving him a bloody lip. Father was arrested and charged with assault and battery and disorderly conduct. Eventually, a trial was scheduled and set and moments before the trial was about to begin deal was struck which the defendant would receive a general continuance for six months on the assault and battery charge. The disorderly conduct charge was continued without a finding for three-month’s time.
RESULT: Assault and Battery charge GENERALLY CONTINUED FOR SIX MONTHS, disorderly conduct charge CONTINUED WITHOUT A FINDING FOR THREE MONTHS

February 15^th 2018
Disorderly Conduct
Assault on a Household Member
Disturbing the Peace
Client was a hard working father who had dispute with his daughter that resulted in him being charged with assault and battery, disturbing the peace, and disorderly conduct. A trial was eventually scheduled and held. There were a number of different versions of the event but the client and his witnesses were consistent on the witness stand with their version of the events. The Commonwealth’s witnesses waivered and were not consistent. As a result, the court delivered not guilty verdicts on the assault and battery and disorderly conduct charges, and only a one-hundred dollar fine for disturbing the peace.
RESULT: NOT- GUILTY OF ASSAULT AND BATTERY AND DISORDERLY CONDUCT

February 1^st 2018
Assault and Battery OVER 60/Disabled
Client was a Doctor of Research at a Pharmaceutical company when a family member suddenly struck him hard. He responsibly called the police to notify them of what occurred. However, after speaking to the person that struck him, the police determined that he was the aggressor and arrested him for this felony offense instead. Attorney Barabino prepared for trial confident in the innocence of his client and the strength of his case despite the severe consequences of a potential conviction--client would certainly lose his prosperous employment, be deported and separated from his wife and children (as he was on a “green card”), and possibly serve prison time as a convicted felon. At the day of trial, Commonwealth was unable to proceed as a necessary witness was unavailable, and Attorney Barabino requested that the court dismiss the charges. Dismissal was subsequently entered.
RESULT: CASE DISMISSED AT DAY OF TRIAL.

January 30^th 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 interview followed from the defense and eventually trial was scheduled. On day of trial, Commonwealth stated that they simply did not have the evidence to support the requisite element of “operation”. Case Dismissed. All Charges Dropped.
RESULT: ALL CHARGES DISMISSED AT DAY OF TRIAL

January 9^th 2018
Indecent Assault & Battery Under 14
Indecent Assault & Battery Under 14
Client was long-time senior manager for the Commonwealth of Massachusetts. Highly publicized accusations cost him nearly everything, with even the Governor of Massachusetts making his position on case known to the media. After nearly two years of litigious hearings and preparation, client's case went to trial. Client was found not guilty on both counts.
RESULT: Both Counts, NOT GUILTY.

November 16^th 2017
Assault and Battery
Strangulation or Suffocation
Client was a young man just out of high school when he was charged with grabbing his brother and putting him into a headlock. Police responded to the home, charged him with a felony, and Commonwealth successfully imprisoned him until the day of his trial with no bail allowed. Attorney Barabino was successful in securing his release until the day of trial, despite the District Attorney arguing for a 58A Dangerous Hearing Detention Hold. After his release from custodial detention, defense made normal preparations for trial. At the day of trial, Attorney Barabino and his client announced “Ready for Trial”, but with minutes to go before empanelment of the jury, the District Attorney announced that the complainant was refusing to cooperate and could not go forward. Attorney Barabino requested dismissal of the charges. Case dismissed. RESULT: CLIENT RELEASED PENDING TRIAL, CASE DISMISSED DAY OF TRIAL.