» Victim

Assault on Household Member, DISMISSED

January 22, 2018
Assault on a Household Member
Probation Violation/Surrender
Client, a federal government employee, was charged with assaulting a family member. After police came to his home, he was arrested and arraigned in court the following Monday. Client was on probation at the time in that very same court for operating under the influence of alcohol, second offense. The judge released him after an arraignment and a probation hearing was held the following month. At that hearing, the defendant agreed to a violation and was allowed to continue with no change in his probation. Attorney Barabino and client began to prepare for trial. At trial, the Commonwealth, after speaking to the alleged victim, decided there was no case and dismissed the charge.
Result: PROBATION SURRENDER SUCCESSFUL, CRIMINAL CHARGE DISMISSED.

Aggravated Rape, Indecent Assault and Battery, DEFENDANT ELIGIBLE FOR RELEASE AT MINIMUM MANDATORY DATE

June 15, 2017
Aggravated Rape of Child, By Force
Aggravated Rape of Child, By Force
Aggravated Rape of Child, By Force
Aggravated Rape of Child, By Force
Indecent Assault & Battery Under 14
Indecent Assault & Battery Under 14
Indecent Assault & Battery Under 14
Indecent Assault & Battery Under 14
A hard-working father and veteran did the unthinkable. He sexually abused his daughter. Recognizing his crime, client honorably presented himself to the local police department to ask that he be held accountable. He was not under investigation or suspicion, or in warrant status when he did so. The result was several indictments which carry, in some instances, life sentences. The District Attorney assigned to the case had recently requested life sentences for like situations (after trial). Attorney Barabino worked with all involved and, in the end, negotiated a sentence which was 10-12 years in prison and some probation afterward. This will allow the defendant to be possibly released in the minimum time allowed by law for an aggravated rape offense, which is ten years. This was devastating for all involved. Fortunately, the victim is doing very well (but the effects of abuse can take years to show up). No more than the mandatory minimum sentence of 10-12 years in state prison, with brief probation term after release.
Result: DEFENDANT ELIGIBLE FOR RELEASE AT MINIMUM MANDATORY DATE.

Rape Investigation, NO CHARGES FILED

October 5, 2016
Rape of Child, Force
Client was living out of state when he found out that he was being investigated for rape allegations. The allegations were from nearly two decades ago. The victim was related to him, and there were various family dynamics that caused the case to resurface. In the end, no charges were filed.
Result: NO CHARGES FILED.

Assault and Battery, CROSS COMPLAINT FILED, CASE DISMISSED IN ONE YEAR, NO ADMISSION OF ANY EVIDENCE OR WRONGDOING, NO FEES, NO FINES

December 3, 2013
Assault and Battery
Client was a young, educated artist from India who came to the United States with her new husband. Shortly after the marriage, the husband made frequent and repeated monetary demands of the defendant and her family. He alleged that the demands were simply an extension of the dowry, or gift-giving, in their country's custom. However, when she refused to provide more gifts, he filed for divorce and slammed her with a restraining order. He also claimed that she assaulted and battered him. Then he made attempts to obtain an abused spouse/domestic violence visa from law enforcement, which would have accelerated his own green card application. Then he obtained a restraining order after providing the court with a summary of private conversations that the defendant had with her family that were (accidentally) recorded by her while he was at work. Attorney Barabino was retained after the defendant discharged her prior attorney. When Attorney Barabino took over the case, he restarted the case from its beginning. He hired a forensic computer expert to examine the contents of the unconsented recordings. At the same time, he filed a Criminal Cross Complaint against the alleged victim. Time was of the essence since the defendant was on a time-sensitive schedule, which could have resulted in her being deported prior to her case being brought to trial. Negotiations resulted in an agreement for a postponed dismissal of the charge. No immigration consequences as well for the defendant.
Result: Cross Complaint FILED, CASE DISMISSED in One Year, NO ADMISSION OF ANY EVIDENCE OR WRONGDOING, NO FEES, NO FINES.