» 58A

Strangulation, RELEASED AT 58A, DISMISSED AT TRIAL

March 8, 2017
Assault and Battery
Assault with Dangerous Weapon
Strangulation or Suffocation
Client was living with his mother and had a history of various criminal offenses. At one point client's stepfather called police and filed a restraining order against him. When police interviewed the mother, she reported that the defendant had tried to strangle her two weeks prior. A dangerousness hearing was held since the District Attorney believed the defendant was too dangerous to be considered for bail. Attorney Barabino argued for release and was successful. The case moved to trial. At trial, the lack of available witnesses for the prosecution resulted in Attorney Barabino requesting and receiving a dismissal.
Result: RELEASED at Dangerousness Hearing 58A and ALL CHARGES DISMISSED AT TRIAL.

Assault and Battery, Reckless Endangerment of a Child, Intimidation of a Witness, DISMISSED

February 21, 2017
Intimidation of a Witness
Assault and Battery with Serious Injury
Reckless Endangerment of a Child
Assault and Battery
Assault and Battery on a Pregnant Person
Client was a hard-working married professional. According to police, he had abused his wife over a period of several years. Most recently, the police claimed that he stabbed her hand with a knife. She was injured in such a way that her hand required surgery. The defendant was held without bail, pursuant to the dangerousness statute (§ 58A). After the 58A hearing was held, Attorney Barabino was retained. Attorney Barabino sought to have the prior judge reconsider a prior decision and that decision was reversed. However, the defendant was indicted on all counts. After litigating the case for nearly a year, a motion to dismiss the charges was filed. On or about the same date, a non-binding marital privilege entered. Eventually, a decision was made by the District Attorney to nolle prosequi—which means to dismiss the charges and close the case with no admission of wrongdoing of any criminal act.
Result: Motion to Dismiss filed, CASE DISMISSED, Marital Privilege.

Assault and Battery Charges, Strangulation, ALL CHARGES DISMISSED, PROBATION REINSTATED WITH NO IMPOSITION OF TWO YEAR SUSPENDED SENTENCE

May 21, 2015
Assault and Battery Chapter
Assault and Battery with Dangerous Weapon
Strangulation or Suffocation
Assault and Battery with Dangerous Weapon
Client had been on probation when he was charged with the above offenses. The Commonwealth sought to invoke a No Bail “58A” detention prior to trial. The probation department also sought a detainer to hold him without bail. He wasn’t going anywhere, and on Attorney Barabino's advice, the client did not challenge the hold prior to any trial. The reason not to challenge it was because he would not be successful and it could preserve testimonial evidence against him at trial. That advice proved essential since at trial the Commonwealth was unable to prove its case with the evidence it had. The District Attorney sought a second trial date to obtain prison phone calls. Once that proved unsuccessful, at another trial date, a dismissal of all charges was obtained. The court declined to invoke the suspended sentence on the probation matter. Client was given a very short jail term and was to be released within 4–6 weeks, with no convictions.
Result: ALL CHARGES DISMISSED. Probation Reinstated with NO IMPOSITION OF TWO-YEAR SUSPENDED SENTENCE.

Assault and Battery Charges, DANGEROUS (58A) HEARING SUCCESSFUL, CASE DISMISSED

April 14, 2015
Assault and Battery
Assault and Battery with a Dangerous Weapon
Client was a pleasant and easy-going young father from a supportive and close family. Client was charged with assaulting and battering his girlfriend, two separate counts. According to police, they had come to the couple's home two separate times during one night. The police had suspicions about domestic violence, but no arrests were made. However, police were called a third time after the couple was now in their car arguing on the side of a road nearby. The female had bloodied, swollen eyes, and scratches, and the client had blood on the many rings on his fingers. The police arrested the client, and a full evidentiary hearing was held for a dangerous hearing or 58A hearing. At that hearing, the judge heard from many witnesses, including the client's sister from Florida. After a hearing, the judge declared that the client should be released pending trial and should not be held without bail. At trial, the Commonwealth was unable to move forward with the evidence they had and the court allowed a dismissal of all charges.
Result: Dangerous Hearing (58A) SUCCESSFUL, Client Released Pending Trial, CASE DISMISSED.

Assault and Battery, Breaking and Entering, Vandalizing Property, Intimidation of a Witness, Assault with a Dangerous Weapon, FIVE OUT OF SIX CHARGES DROPPED, MISDEMEANOR DISMISSAL

May 24, 2012
Assault and Battery Chapter 265 Section 15?
Breaking and Entering in the Nighttime for Felony Chapter 266 Section 16
Vandalize Property Chapter 266 Section 126A
Intimidation of a Witness Chapter 268 Section 13b
Assault with a Dangerous Weapon Chapter 265 Section 15B
Client was a laid off manufacturing employee who had a rocky relationship with his daughter’s mother. According to police and his police record, the client has been accused of assaulting her in the past. In fact, she and her child were placed in a residential location paid for via the Commonwealth based on her alleged fear of the client. On this occasion, daughter's mother claimed that the client was able to locate her from an unknown source and when he knocked on her door he pushed himself in the room. Once inside the room, he held her down on the bed and punched her twice in the face. After this struggle, the report stated that he broke two telephones and assaulted her child. Once over, he left the premises and she, exhausted and out of breath, called 911. She informed the police of what had occurred and they placed a warrant out for the client's arrest. Once arrested, a separate hearing was requested from the District Attorney’s office called a 58A. The purpose of the 58A was to see if bail should even be a consideration in this case. The District Attorney was successful and the client was detained until trial. Attorney Barabino and his client had one alternative for the District Attorney to consider. That was drop all the charges or fill in the jury box. No deal was reached. Defense knew that what the alleged victims had told police could be defended in court and there was another story to be told. At the day of trial, Attorney Barabino and his client rejected all offers for a deal. However, as the trial was moments away from beginning, there was one offer the client could not say no to. The offer was to drop five of the six charges in their entirety and the one charge of assault and battery to continue without a finding, which simply means that if the client completes the term of probation the one charge will be dismissed.
Result: FIVE OUT OF SIX CHARGES DROPPED. CONDITIONAL DISMISSAL OF MISDEMEANOR.