» Trial

April 14, 2017
Assault Chapter
Threats to Commit Murder
Assault and Battery
Strangulation or Suffocation
Client had been previously convicted of seriously abusing his girlfriend many decades ago. Now, once again, she accused him of the same crime. Client denied those new accusations, but also realized that, based on his past conduct and the credible nature of the evidence, a plea was preferable since it would mitigate the otherwise harsh sentence that the judge had proposed. However, ultimately, the case went to trial. Client was convicted of all counts except threats to commit murder, for which he was found not guilty.
Result: Threat to Murder, NOT GUILTY.

March 15, 2017
Animal Cruelty
Client was a hardworking father of four, with some criminal history. His roommates believed that he was abusing a dog shared with the client, based on the dog’s recent behavior. The Police Department charged the defendant with Cruelty to Animals, based on video evidence provided by his roommates. Roommates filmed the defendant kicking one dog multiple times and striking another dog with his hand. The case eventually went to trial. On the day of trial, Attorney Barabino negotiated an offer for nearly half of the committed time previously offered, with a stay.
Result: LESS COMMITTED TIME ON PLEA.

March 7, 2017
Assault and Battery with a Dangerous Weapon
Client was a married and accomplished professional with no prior record. A conviction or admission to charges of Assault and Battery With a Dangerous Weapon would have been catastrophic to his career path. After consultation with all parties, an agreement was reached invoking a marital privilege on the day of trial.
Result: ALL CHARGES DROPPED on the day of trial

December 20, 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 a way 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 a hearing was eventually held. At the conclusion of the hearing, the magistrate agreed with Attorney Barabino that charges should be filed against the accuser. A trial date was set but because charges were filed against the accuser, she would incriminate herself if she testified. Both cases were consequently dismissed.
Result: Cross-complaint issued. Charges DISMISSED.

August 18, 2016
Attempted Murder
Stalking
Intimidation of a Witness
Assault with a Dangerous Weapon
Assault and Battery
Client was a young man who was indicted on the above charges. The case involved a variety of legal issues and challenges to prepare the case for trial, which occurred over a two-year period. In addition to various discoveries, Attorney Barabino had a physician expert on standby ready to testify for the defense. After four days of trial, the jury returned a verdict of not guilty on all counts, with the exception of two misdemeanors.
Result: Jury Verdict: NOT GUILTY OF ATTEMPTED MURDER, STALKING, INTIMIDATION OF A WITNESS, ASSAULT AND BATTERY AND ASSAULT WITH A DANGEROUS WEAPON.

July 12, 2016
Assault and Battery
Client was a hard-working electrician accused by a family member of assault and battery. The family member was relentless in her pursuit, alleging long-term abuse. In this event she alleged that long-term abuse by an alcohol-abusing family member resulted in a bruise on her leg and PTSD. After intensive discovery pursuits of relevant materials, the case was scheduled for trial. On the day of trial, a last-minute deal was struck whereby the defendant was to admit to “sufficient facts” for the charge and agree to be on probation for a period of a year. He would also complete an anger management program and alcohol screens—only if an independent evaluator determines he has a problem with alcohol. Otherwise, if the conditions are met, after one year, his case will be terminated with a dismissal.
Result: Assault and Battery, CONDITIONAL PROBATION WITHOUT GUILT.

June 28, 2016
Assault and Battery on a Police Officer
Resisting Arrest
Disturbing the Peace
Client was a hard-working waitress who was in a car accident. Police responded to the accident. There was a dispute as to what happened next, however, the defendant ended up being charged with assault and battery on a police officer, resisting arrest, and disturbing the peace. When police arrived, she was not comfortable with the officers that arrived so she called the police on the police. At that moment, police entered into a struggle with the defendant. The struggle ended up with the defendant on the ground and her being charged with assault on a police officer. Also, the client had two previous charges and admissions to assaulting and battering a police officer in the past. This case went to trial. The experienced district attorney saw that Attorney Barabino was ready and a trial was unavoidable. It was either dismiss the case or a trial. Defense would accept nothing less. Within moments before starting the trial, the district attorney agreed to simply dismiss the charge of assault and battery if the client would take a six-month probationary period on the remaining two charges. The probation for the remaining two charges was a “CWOF”, which means continued without a finding, so that at the conclusion of the probationary period the two remaining charges would be dismissed. No criminal record for Assault and Battery on the officer.
Result: Assault and Battery on a Police Officer, DISMISSED. REMAINING CHARGES DISMISSED UPON CONDITIONS OF SIX MONTHS UNSUPERVISED PROBATION.

June 9, 2016
Assault and Battery
Client was a hard-working mechanic who was accused by his ex-girlfriend of assaulting and battering her. It was an unfounded accusation. There had been a verbal argument and the uninjured girlfriend made various statements to police. The stories she told police were inconsistent and damaged her already questionable credibility. A trial date was set. The accuser failed to appear so the court had little option but to allow Attorney Barabino’s Motion to Dismiss.
Result: Charge of Assault and Battery, DISMISSED.