Probation Violation, DISMISSED, Assault and Battery, DISMISSED

December 8th 2008
Probation Violation/Surrender
Assault and Battery
Client was charged with violating Probation as a result of his refusal to keep appointments with his probation officer as he agreed to do so. 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.