» Probable Cause

Leaving the Scene of Property Damage, NO PROBABLE CAUSE. CASE DOES NOT ISSUE

April 10th 2017
Leave Scene of Property Damage
Leave Scene of Property Damage
Unlicensed Operation of a Motor Vehicle
Client was working two full time jobs when he got into two separate car accidents. He did not remain on the scene, leaving for various reasons when he should not have. Fortunately, with adequate preparation time, client and Attorney Barabino were able to gather weather data for the date of the accident from the federal government, as well as work with the insurance companies to allow verification of the payment for damage. From this information, Attorney Barabino built a case with mitigation factors in place. A hearing was held and a decision was made that no probable cause issue—and the case did not proceed.
RESULT: NO PROBABLE CAUSE. CASE DOES NOT ISSUE.

Annoying and Accosting, NO COMPLAINT ISSUED

April 6th 2017
Annoying and Accosting
Client made unacceptable and criminal statements. A substantive review of the client’s background revealed a history of participation in intense remedial programs, placing the client in an excellent position. These factors allowed the client to be reviewed for a probable cause/clerk magistrate hearing. New remedial efforts and an agreement to continue monitoring without court intervention agreed to.
RESULT: NO COMPLAINT ISSUED.

Assault and Battery, CHARGES NOT ISSUED

March 31st 2016
Assault and Battery
Client was a young man who had an emotional outburst. Being hard to manage, his mother called the police to give him aid. When police arrived, they witnessed an assault and battery. This was not the first time the police had been to the home. Charges were filed and a clerk magistrate hearing was held to determine if there was: 1) probable cause for the charges to be officially filed; and 2) if probable cause existed could this case be deferred or resolved without criminal charges. Probable cause was found, but based on the complexity of all the issues, age of the child, and background, it was determined that charges would not go forward and none would issue.
RESULT: CHARGES NOT ISSUED.