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March 17th 2008
Salem District Court
Probation Violation/Surrender Chapter 279 Section 3
Client, a man in his late thirties was accused of stalking a girlfriend of nearly seven years. Additionally, he was probation with a three (3) year suspended sentence for violation of a restraining order against his accuser on the stalking. The district attorney sought to incarcerate him upon immediately holding him in custody under the dangerous statute (58A). Attorney Barabino sought to have a full hearing and the judge agreed that the 58A should be DISMISSED. However, probable cause was found for a probation violation and he was held in custody. At the next court date client walked out of court.
RESULT: Client re-probated with no additional prison time and two of three of probation violations DISMISSED. The stalking charge was plead with a (CWOF Disposition) and will be DISMISSED when client finishes probation. Upon completion of probation new charges DISMISSED and probation completed with no additional prison time after hearing.
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