Multiple Probation Violation Charges, TWO OF THREE PROBATION VIOLATION CHARGES DISMISSED, CONDITIONAL DISMISSAL OF OTHER CHARGES

March 17, 2008
Probation Violation/Surrender
The client, a man in his late thirties, was accused of stalking a girlfriend of nearly seven years. Additionally, he was on probation with a three-year suspended sentence for violation of a restraining order against his stalking accuser. The District Attorney sought to take him into custody under the dangerous statute (58A) and ultimately incarcerate him. Attorney Barabino moved to have a full hearing, and the judge agreed that the 58A should be dismissed. However, probable cause was found for a probation violation and the client was held in custody. The client was re-probated with no additional prison time and two of three probation violations dismissed. The stalking charge was pled with a CWOF disposition and will be dismissed when the client finishes probation. Upon completion of probation, new charges would be dismissed and probation completed with no additional prison time after hearing.
Result: TWO OF THREE PROBATION VIOLATION CHARGES DISMISSED, CONDITIONAL DISMISSAL OF OTHER CHARGES