» Clerk Hearing

DISMISSED, Pre-Arraignment

October 11th 2019
Failure to Stop for Police
A hard-working IT professional was charged with failing to stop for police. The process to resolving the case was lengthy—but the result was right. After a clerk-magistrate hearing was properly filed, a hearing date was set down. Prior to the hearing, all the investigation and preparation were done to include viewing the scene and taking photographs. When the date arrived, the police needed a continuance for personal reasons. A new date was set but the court placed the date down for an arraignment in error, since it should have simply been a new magistrate hearing. Attorney Barabino filed a motion to dismiss to ensure that a magistrate hearing was now scheduled. However, after a brief consultation with the District Attorney an agreement was made to simply dismissed the case, prior to arraignment. The key here is prior to arraignment. Since the charge was dismissed, PRIOR to arraignment it will never appear on his record.
RESULT: The Charge, DISMISSED, Pre-Arraignment.

Assault w/ a Dangerous Weapon, NO CRIMINAL COMPLAINT ISSUED

October 17th 2014
Assault with a Dangerous Weapon
Client was a hardworking cleaner with three children. She had a boyfriend who had a hard time letting go of their relationship and accused her of waving a knife at him. The police performed a thorough investigation, which was helpful to client. A Clerk's Hearing was ordered and at the hearing Clerk declined to issue the complaint. Although the hearing lasted fifteen minutes or less, Attorney Barabino and client had prepared nearly an entire day's worth of effort collecting documents and interviewing witnesses. In the end, the Complaint did not issue.