» Verdict

OUI-Liquor, JURY FINDS DEFENDANT NOT GUILTY

September 11th 2015
OUI - Liquor or .08%
Client was a hard working hairstylist and single mother. According to police, she drank alcohol while under the influence. This case presented a variety of legal issues. Those included conflicting statements by the accused and a parking clerk that stated that she could barely stand. Police officers testified accurately that the accused performed her sobriety test in “less than ideal” conditions and had zero problems with at least one test. In the end, the jury could not reach a verdict. In any criminal trial, all the jurors must agree that the accused is “guilty” beyond a reasonable doubt of the crime charged or “not guilty”. Generally, an agreement is reached, one-way or the other. Sometimes that agreement takes longer than expected. In this case, the jury was deadlocked and simply could not agree. In the end, the parties agreed to a “Rodriguez” charge, which means that the judge is giving them one more opportunity to come to an agreement. Here, the instruction was given, but in the end, the jurors simply could not agree and the court ruled the matter a mistrial. During today's trial, the case was tried again and the witness/employee of the parking garage had an even different version of the events than before. On today's date, the jury had a quick and decisive decision with a brief deliberation and returned a verdict of not guilty.
RESULT: JURY FINDS DEFENDANT NOT GUILTY.

Restraining Order Violation, NOT GUILTY

June 27th 2013 

Violation of Abuse Prevention Order
Client was a young man with a supportive family. According to police, he contacted an ex-girlfriend after she properly obtained a no-contact restraining order against him. According to the court order presented in court—the Defendant was not to call or contact the victim. At trial, the young lady whom he was supposed to have no contact emotionally recalled him calling her after the order was obtained—a direct violation. After cross-examination, the Defendant rested his case and several hours later the jury returned a verdict of not-guilty. 

RESULT: Jury Verdict, NOT-GUILTY

Attempt to Commit Crime, NOT GUILTY, Disorderly Conduct, CHARGE FILED FOR A PERIOD OF TWO MONTHS

October 9th 2012
Attempt to Commit Crime Chapter 274 Section 6
Disorderly Conduct Chapter 272 Section 53
Client, a retired airlines employee, was charged with attempting to commit a crime and disorderly conduct. According to police, client had entered the hallway of an apartment building and repeatedly struck the door with her foot. The occupant watched this occur through her peephole and after increased concern, called police. Police then stopped the Defendant down the street from the apartment complex. When interviewed by them, client gave conflicting accounts of what occurred and she was arrested for attempting to break in to the apartment and disorderly conduct. At trial, the District Attorney attempted to modify the complaint to reflect a subsequent charge of disorderly conduct since she had been convicted before this date in a separate incident. The judge denied that request and the client ultimately passed no time in jail for that charge. After trial, the evidence of the witnesses failed to support a charge of breaking and entering and the client was acquitted.
RESULT: NOT-GUILTY of Attempt to Commit a Crime Charge, Disorderly Conduct Charge FILED for a period of two Months.

Assault and Battery, DISMISSED, Illegal Drug Distribution, DISMISSED

August 21nd 2012
Assault and Battery Chapter 265 Section 15?
Possession to Distribute Class “D” Chapter 94C Section 32(c)
Client was a landscaper who was in warrant status as a result of not reporting to his probation officer. Moreover, he was charged with new crimes of Assault and Battery and Distributing Class “D” (marijuana). Attorney Barabino brought to the charges straight to trial---little time to waste since there would be consequences from his probation officer if he was convicted of new charges. At trial, the Commonwealth was unable to secure the necessary witnesses to present their evidence, and the Assault and Battery was dismissed. Attorney Barabino next filed what is called waiver of jury to allow the judge to hear the remaining evidence for distribution. Once that was complete, the District Attorney simply assented that their probability of securing a verdict was low—so low that they agreed to dismiss the distribution charge in its entirety.
RESULT: Assault and Battery Charge DISMISSED. Distribution Charge DISMISSED.