» Pre-Trial Probation

PRE-TRIAL Probation Allowed, One Year, Retains Presumption of Innocence

April 4th 2019
Drug, Possession to Distribute Class D
Client was a young father to be who was charged with distribution of marijuana. According to police, he has been selling marijuana and was about to sell to someone. That moment, police responded performed what the court determined to be a legal stop of the motor vehicle that defendant was driving. The police recovered the drugs and the paraphernalia. During the period of time the case proceeded through court, Attorney Barabino drafted a three-page disposition memorandum of the defendant. The district attorney listened intently to all the issues and the facts. And after a long period of time, they agreed that if the defendant performed certain task such as drug screens, community service remain employed that they would agree to pre-trial probation. Pre-trial probation means that the defendant does not admit any wrongdoing and the case is eventually dismissed. In the end, the hard working and professional district attorney agreed to simply dismiss the charges. All charges dismissed. PRE-TRIAL Probation Allowed, One Year, Retains Presumption of Innocence. No Admission of Guilt.
RESULT: PRE-TRIAL Probation Allowed, One Year, Retains Presumption of Innocence

Assault, CONDITIONAL CASE DISMISSAL

August 23rd 2018
Assault
Client was a hard-working father, husband and employee. Objectively significant obstacles resulting in him disciplining his insubordinate daughter resulted in criminal charges of abuse. Shortly after the charge, Immigration and Naturalization took him into custody. His lawyer for his immigration case was able to secure his release from custody. Attorney Barabino worked with all involved, including the Department of Social Services and the District Attorney. In the end, the case will be dismissed with Pre-Trial Probation, which is not probation at all. As long as he stays out of trouble for nine months, this case will be dismissed with no admission of guilt. Client maintains the presumption of innocence and his clean record.
RESULT: CONDITIONAL CASE DISMISSAL

Assault and Battery, Disorderly Conduct, GENERAL CONTINUANCE DISPOSITION

February 21st 2018
Disorderly Conduct
Assault on a Household Member
Client was hard working cement contractor who was arrested for giving his son a bloody lip (at the police station). Client’s son was arrested for operating under the influence of drugs and client went to police station to bail him out. When son got aggressive with father in the police station parking lot, father popped him giving him a bloody lip. Father was arrested and charged with assault and battery and disorderly conduct. Eventually, a trial was scheduled and set and moments before the trial was about to begin deal was struck which the defendant would receive a general continuance for six months on the assault and battery charge. The disorderly conduct charge was continued without a finding for three-month’s time.
RESULT: Assault and Battery charge GENERALLY CONTINUED FOR SIX MONTHS, disorderly conduct charge CONTINUED WITHOUT A FINDING FOR THREE MONTHS

Larceny over $250, GENERAL CONTINUANCE WITH PRESUMPTION OF INNOCENCE AND DISMISSAL

March 28th 2017
Larceny over $250.00
Client was a young mother who stole an item worth close to five hundred dollars. A conviction and even an admission to this felony charge would have been very destabilizing to her life. Attorney Barabino sat down with the attentive and professional district attorney. After consultation, an agreement was made for client to begin counseling, pay a five-hundred-dollar civil fee, and after a period of six-months, the case would in exchange be dismissed in its entirety.
RESULT: Pre-trial Probation/ GENERAL CONTINUANCE WITH PRESUMPTION OF INNOCENCE AND DISMISSAL.