February 8th 2012
Assault with a Dangerous Weapon Chapter 265 Section 15B
Resisting Arrest Chapter 268 Section 32B
Client was hardworking professional and single dad who needed solid representation. He was charged with Assault with a Dangerous Weapon and Resisting Arrest. According to the police report, client brandished a gun when his ex-wife appeared at his door. She failed to mention to police that the gun was a “pellet gun”, and police consequentially arrived in full force surrounding the home. The client didn’t help his case when he briefly left the home under the cover of night. Eventually he turned himself in to law enforcement and allowed the search to take place, resulting in no one being hurt---but with him being charged with one felony offense. Commonwealth sought immediate imprisonment under 58A-Dangerousness Statute resulting in a Full Evidentiary Hearing. After a hearing and sworn testimony, judge released defendant, on no bail and no conditions of release. After release, Attorney Barabino filed a Motion to Dismiss which the Judge allowed after a hearing. A trial was scheduled on last remaining charge and client refused every offer for a deal. In the end, the District Attorney simply agreed to dismiss it in a year, with no probation and no admission to any act.
RESULT: 58A Imprisonment Hearing, UNSUCCESSFULLY, MOTION TO DISMISS ALLOWED, CONDITIONAL DISMISSAL OF REMAINING CHARGE ALLOWED.
