November 18th 2020
Assault with a Dangerous Weapon
Client was a very pleasant former U.S. Marine with no criminal record. According to Police, he went to his partners place of employment and confronted her soon to be ex-husband with a firearm. Client promptly reached out to Attorney Barabino prior to any arrest and Attorney Barabino filed a Motion to Preserve evidence for video at the crime scene. We filed the motion to preserve with a long memorandum and affidavit in support of the preservation. At the same time, client and Attorney Barabino began to prepare for his arraignment in court. In anticipating of the arraignment, Attorney Barabino and client reviewed all the options available to him. As someone who had no record, he was eligible for a judicial diversion program. This new program can be implemented either BEFORE arraignment or AFTER arraignment. If it is entered before and ultimately successful, that means that it will never appear on any legal document for the criminal record. In this case, Attorney Barabino and client worked toward writing a lengthy background memorandum, motion and affidavit as well as a motion and affidavit in support of a recommended program. On the day of arraignment, the District Attorney agreed to accept him into the program PRE-Arraignment and today that matter was dismissed and never entered on his record. A great success for a young family with a bright future. When the matter was called before the judge, the matter was dismissed, PRE-ARRAIGNMENT. Case Closed.
RESULT: Judicial Diversion SUCCESS.
