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August 17th 2011
Malden District Court
Assault Chapter 265 Section 13A
Client was a non-citizen Computer Programmer with a bright future. He came to the United States and was staying here on a H-1-B VISA-and he wanted to stay in good standing with that status. Client was charged with Assault after the Police took a report of him hitting his girlfriend. The Police stated that the Complainant had dried blood on her lip and redness on her face. The charge of Assault was to be upgraded by the District Attorney because of the physical contact alleged. However, after consulting with all the parties Attorney Barabino drafted a Memorandum of Disposition, which was essentially a written background of the Clients Background as well as an Accord and Satisfaction. The Accord and Satisfaction motion allows for judges in some instances to allow for a dismissal of charges—even over the District Attorney’s objection. In this case the District Attorney objected, but the judge ACCEPTED the Accord and Satisfaction. As a result, the case is DISMISSED.
RESULT: Motion for Accord and Satisfaction, ALLOWED. Case Dismissed.
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