Assault w/a Dangerous Weapon
Negligent Operation of a Motor Vehicle
Failure to Stop for Police
Client was a hardworking, college graduate who was self-managing some mental health challenges. When he became intoxicated his behavior caused some concern from neighbors and fellow tenants. His behavior triggered the attention of local police, and SWAT were called into action. This brief standoff caught the attention of local media. Fortunately, the SWAT team was able to diffuse the situation and arrest client without any gunfire. The client was then charged with assault with a dangerous weapon against his neighbor. After the incident, client’s parents immediately reached out to Attorney Barabino. At arraignment client faced open criminal charges of negligent operation of a motor vehicle, resisting arrest, and failure to stop for police. Attorney Barabino took over all the cases. He also immediately requested a clinical evaluation at arraignment and a doctor was called to the court. Criminal responsibility was a live issue. Attorney Barabino requested that he not be placed on bail and be allowed to be evaluated for criminal responsibility at Bridgewater State Hospital. That request was allowed. Also, the victims filed a harassment order against client. Attorney Barabino requested that this order be dismissed prior to setting a hearing as the petition was inadequate. The judge agreed. Eventually, client was sent to Bridgewater. The evaluation was inconclusive. So, Attorney Barabino hired an independent forensic psychiatrist to evaluate client. It was during the period of time that Attorney Barabino was able to negotiate pre-trial probation with the District Attorney office for both cases. This disposition simply means that the prosecution is paused pending his participation with the terms of the agreement: comply with Department of Mental Health treatment regimen, stayaway from the victim and the area where she lives and forfeit the knife and the mace, which was taken during the SWAT team raid. So, after a year, if client complies, he will have no record and hopefully become a productive tax paying citizen again.
RESULT: PTP Ends Both Criminal Complaints