January 21st 2020
Assault with a Dangerous Weapon
Clerk Magistrate Hearing
Client was a very pleasant young mother who was managing life admirably. With all the duties and responsibilities raising her children she was also an employee of the public-school system. With no prior record, it was surprising to all when she was charged with felony assault. A conviction or even being charged could put her entire future in jeopardy. According to police, she was with her kids when her car was towed to tow yard. Instead of paying for the two she decided to simply try to take the car without paying the tow truck. Particularly bad judgment and inconsistent with her character. The charges from police resulted in her speeding out of the tow yard as an employee approached her car. The scene was chaotic, and the facts become murky, but according to the employee he was hit with her car and she speed off. To prepare for the hearing Attorney Barabino developed a 5-page background memorandum of her life complete with attachments and supporting documentation. We also paid the tow company the money which they were owed. In the end, after much deliberation it was decided that no charges would issue against client with an expectation that a letter of apology be filed which the client fully embraced. Finally, the victim testified and fortunately was supportive of charges not being issued, which likely tipped the scale for the complaint to NOT ISSUE for a felony charge.
RESULT: No Arraignment, No Charges for Felony.