January 17, 2024
Assault and Battery with a Dangerous Weapon
Disorderly Conduct
Client was an all-around responsible and hardworking single dad. He was informed by his less-than-responsible brother that he used his ID when being accused of a felony offense. Since brother wasn’t arrested on the scene, there was no fingerprints, booking photos and the like to ID the actual offender, which was client’s brother. Fortunately, client was notified of the impending court date and more importantly, client had a legitimate and credible alibi. Generally, in cases like this it is not uncommon to the district attorney to be sympathetic to the concerns but insist on the charges being pursued and resolved at trial or some other event. That is time-consuming, it would also mean an arraignment would occur thereby making an entry on the client's criminal record, even if dismissed, and also the uncertainty and stress on the client. In this case, Attorney Barabino and client met, developed an affidavit to support his alibi and supporting documentation and provided to the District Attorney prior to the actual arraignment. At the day of arraignment, the hard-working district Attorney made a judgment call that client was not the person in the criminal act and simply dismissed the matter, prior to the formal charges being brought in the arraignment.
Result: Pre-Arraignment Dismissal on Felony Charge
