Strangulation & Suffocation: No Conviction and No Immigration Consequences

February 18, 2020
Strangulation & Suffocation
Client was pleasant, young father but not yet legally immigrated to the country. According to police, him and his young brother got into a fight, which included allegations of strangulation and suffocation. The two had never been in a physical altercation prior to that day. Client was held on a 58A dangerousness hearing. Upon him being detained in jail, his mother retained Attorney Barabino immediately. Within four days Attorney Barabino and his writer Nick developed a detailed disposition memorandum, drafted and had signed multiple affidavits of support, and interviewed and prepped witnesses in anticipation of 58A hearing. At the hearing, Attorney Barabino presented multiple arguments and cross-examined the accuser. He also provided witnesses who testified on behalf of the defendant. The result was the immediate release from custody of the client. Then, after many months and hearings and an in-depth investigation, a motion for pretrial diversion, and continued interviewing, the district attorney suggested that the case be generally continued for one year and client would continue anger management program.
RESULT: No Conviction. No immigration consequences.


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