February 18th 2021
Assault and Battery
Default Removal
Client was a hardworking loving father who had been charged with Assault and Battery. According to Police, client got involved in an argument in the street with two others, apparently a push caused a fall and client removed himself from the situation. As he calmly walked away, police stopped him—took basic information from him and he believed that was the end of it. However, police sent him a summons and he coincidently left for his birth country before he received it. Ten years goes by and he seeks to once again return to United States to be amongst family and the like. However, he has both an open criminal charge and a warrant for his arrest. Both major obstacles for him and his situation. The warrant alone would result in his immediate arrest upon arrival in the United States and the open case could prove problematic for immigration purposes. Attorney Barabino was fortunate to be able to work with his supportive and caring daughter who was able to collect all the relevant information to make strong advocacy possible. Attorney Barabino brought the issue to an attentive District Attorney. Barabino provided the District Attorney with a detailed memorandum and history of the defendant, the background of the family and the event which caused the warrant. After the consultation, the case was brought froward and the default removed—which means no warrant. Now that the warrant was removed, the case was set up for a remote arraignment where the client would remain in Africa and be remotely brought in via zoom. However, in addition to the remote arraignment the district attorney placed the matter on for arraignment and trial track which included a summons for the accuser to appear. When no accuser appeared, the case was simply dismissed. No record. A lot of moving parts and a lot of people working together to get the right result.
RESULT: Straight Warrant Removed: Case Dismissed.
