» Failure to Breath


November 16th 2017
Assault and Battery
Strangulation or Suffocation
Client was a young man just out of high school when he was charged with grabbing his brother and putting him into a headlock. Police responded to the home, charged him with a felony, and Commonwealth successfully imprisoned him until the day of his trial with no bail allowed. Attorney Barabino was successful in securing his release until the day of trial, despite the District Attorney arguing for a 58A Dangerous Hearing Detention Hold. After his release from custodial detention, defense made normal preparations for trial. At the day of trial, Attorney Barabino and his client announced “Ready for Trial”, but with minutes to go before empanelment of the jury, the District Attorney announced that the complainant was refusing to cooperate and could not go forward. Attorney Barabino requested dismissal of the charges. Case dismissed. RESULT: CLIENT RELEASED PENDING TRIAL, CASE DISMISSED DAY OF TRIAL.