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December 8th 2008
Salem District Court
Probation Violation/Surrender Chapter 279 Section 3
Assault and Battery Chapter 265 Section 13(a)
Client was charged was violating Probation as a result of his refusal to keep appointments with his probation officer as he agreed to do. Also, he violated probation because of a new charge of Assault and Battery on his wife. Since he was originally placed on probation for Assault with a Dangerous Weapon and simple Assault and Battery the Judge held him in custody pending the final probation surrender hearing. At the final hearing, Attorney Barabino filed a disposition memorandum and asked the court to simply terminate and discharge the probation to which the court agreed. The client's probation case was dismissed and this prior disposition of a continued without a finding was also dismissed. As a result, no conviction entered and he could apply for his citizenship in the United States as originally intended. Also, his new case of Assault and Battery was dismissed as the Commonwealth has insufficient evidence (witnesses) to proceed at trial.
RESULT: Case DISMISSED and Probation Matter DISMISSED
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