October 2, 2025
Probation Violation Hearing
A former U.S. Marine was faced with a probation surrender. Client attempted to get a waiver for travel on his own and his problems started there. The court required a forensic examination of his electronics as a condition of the leave request. There was deception noted on his responses and the court detained him in custody pending a full evidentiary hearing. Whereas client was on a suspended sentence and detained, the expected result was found in violation and committed at a final hearing. However, Attorney Barabino determined that there were flaws in the Government’s case, additionally, client’s background and history was not being included in the probation detention and violation. A massive trove of material was developed of the client’s background and history. Additionally, a motion to dismiss and other substantive motions were filed, to which the probation department filed a second violation. Whereas, the government had an expert, Attorney Barabino consulted his own expert on client’s behalf. In the end, prior to a planned evidentiary hearing, an agreement was struck where client would be released and re-probated.
RESULT: Detained Client on a Suspended Sentence, Reprobated & Released.