» Vandalism

Leave Scene of Property Damage, Malicious Destruction of Property

August 1st 2017
Leave Scene of Property Damage
Malicious Destruction of Property
Client, young, bright teacher, was angered by her boyfriend. As a result of that anger she vandalized his car by keying it, consequently damaging it. At the conclusion of her moment of anger she bumped the car with her car when she left the area. Trove of background information was provided indicating that the couple have since fully resolved their differences. At the conclusion, agreement was made for client to be evaluated for anger issues, and if none exist, complaint will not issue.
RESULT: APPLICATION FOR COMPLAINT DOES NOT ISSUE, Contingent on anger evaluation within two months.

Vandalism, Disorderly Conduct, MOTION TO DISMISS ALLOWED, DISORDERLY CONDUCT CONDITIONAL DISMISSAL

July 30th 2013
Vandalize Property
Disorderly Conduct
Client was spending time with her boyfriend at a local hotel. According to police, they were overflowing their room's bathtub when they were called. As a result, the police and firefighters responded to the hotel room. When they arrived, boyfriend simply refused to allow law enforcement entry to the room. They were forced to pry open the door—resulting in even more damage. In the end, the court allowed a motion to dismiss for the vandalism charge and simply a dismissal for the Disorderly Conduct charge if the client agreed to a court cost expense of $150.
RESULT: Motion to Dismiss, ALLOWED, Disorderly Conduct DISMISSED on Court Cost.

Assault and Battery, Vandalism, BOTH CHARGES DISMISSED

July 18th 2012
Assault and Battery
Vandalize Property
Client, a former NHL Player and Vietnam War veteran, was charged with assault and battery and vandalizing property. According to the police report, a young boy in the neighborhood was acting unruly and assaultive towards other young boys and girls. Client, witnessing this dangerous behavior, took action by restraining the young boy—leaving a small mark and (possibly) ripping his shirt. Fortunately, a seasoned and experienced district attorney was assigned to the case, who after speaking and doing her own investigation, determined that the actions of defendant should not be criminally prosecuted---the case was dismissed.
RESULT: BOTH CHARGES DISMISSED.

Assault and Battery, Breaking and Entering, Vandalizing Property, Intimidation of a Witness, Assault with a Dangerous Weapon, FIVE OUT OF SIX CHARGES DROPPED, MISDEMEANOR DISMISSAL

May 24th 2012
Assault and Battery Chapter 265 Section 15?
Breaking and Entering in the Nighttime for Felony Chapter 266 Section 16
Vandalize Property Chapter 266 Section 126A
Vandalize Property Chapter 266 Section 126A
Intimidation of a Witness Chapter 268 Section 13b
Assault with a Dangerous Weapon Chapter 265 Section 15B
Client was a laid off manufacturing employee who had a rocky relationship with his daughter’s mother. According to police and his police record, client has been accused of assaulting her in the past. In fact, she and her child were placed in a residential location paid for via the Commonwealth based on her alleged fear of client. On this occasion, daughter's mother claimed that client was able to locate her from an unknown source and when he knocked on her door he pushed himself in the room. Once inside the room, he held her down on the bed and punched her twice in the face. After this struggle, the report stated that he broke two telephones and assaulted her child. Once over, he left the premises and she, exhausted and out of breath, called 911. She informed the police of what had occurred and they placed a warrant out for client's arrest. Once arrested, a separate hearing was requested from the District Attorney’s office called a 58A. The purpose of the 58A was to see if bail should even be a consideration in this case. The District Attorney was successful and client was detained until trial. Attorney Barabino and his client had one alternative for the District Attorney to consider. That was drop all the charges or fill in the jury box. No deal was reached. Defense knew that what alleged victims had told police could be defended in court and there was another story to be told. At the day of trial, Attorney Barabino and his client rejected all offers for a deal. However, as the trial was moments away from beginning, there was one offer client could not say no too. The offer was to drop five of the six charges in their entirety and the one charge of assault and battery to continue without a finding, which simply means the if client completes the term of probation the one charge will be dismissed.
RESULT: FIVE OUT OF SIX CHARGES DROPPED. CONDITIONAL DISMISSAL OF MISDEMEANOR.