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February 8th 2012
Salem District Court
Assault with a Dangerous Weapon Chapter 265 Section 15B
Resisting Arrest Chapter 268 Section 32B
Client was hardworking professional and single dad who needed solid representation. He was charged with Assault with a Dangerous Weapon and Resisting Arrest. According to the Police report, Client brandished a gun when his ex-wife appeared at his door. She failed to mention to Police that the gun was a “pellet gun” and Police arrived in full force surrounding the home. The client didn’t help his case when he briefly left the home under the cover of night. Eventually turning himself in to Police and allowing the search to take place resulting in no one being hurt---but with him being charged with one felony offense. Attorney Barabino and Client agreed that they would not admit to anything—since he didn’t do anything wrong. They can take the case to trial or drop it. It took some time but eventually the plan succeeded.
RESULT: Commonwealth sought IMMEDIATE IMPRISONMENT under 58A-Dangerousness Statute resulting in a Full Evidentiary Hearing. After a Hearing and Sworn Testimony, Judge RELEASED Defendant, No Bail, No Conditions of Release. After Release, Attorney Barabino File a Motion to DISMISS, which the Judge ALLOWED After a Hearing, a Trial is Scheduled on Last Remaining Charge and Client Refuses Every Offer, Until the District Attorney Simply Agree to DISMISS in a YEAR, with NO Probation, And No Admission to any Act.
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