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Commonwealth v. GH

Case Conclusion Date: 10.09.2012

Practice Area: Criminal defense

Outcome: No Probation Violation Found!

Description: Recently, criminal defense lawyer Stephen T. Novick represented a client in Suffolk County. Attorney Novick's client was accused of violating their terms of probation. The client had been on probation for assault, assault and battery and for a restraining order violation. The client was in custody. Attorney Novick did not represented the client on the underlying charges, only the probation violation accusation. The Probation Department alleged that Attorney Novick's client had failed to enter and complete a Certified Batterer's Intervention Program (CBIP). The Probation Department also accused Attorney Novick's client of contacting a person in violation of a restraining order. This would be a new offense. Attorney Novick did his due diligence and was ready for the probation violation hearing. A full hearing was scheduled. The government, represented by a probation officer, a police officer, and an assistant district attorney would be participating in the case. There was also a civilian witness scheduled to testify. All would be testifying against Attorney Novick's client. At the hearing, Attorney Novick produced documentation that his client had, in fact, entered and maintained attendance in the Batterer's Program. Attorney Novick made a motion to the judge to have that technical probation violation dismissed. The judge agreed. The probation officer stated that it must have been a "mix up" in paperwork. Would the "mix up" have been discovered without Attorney Novick? After a full hearing took place, all charges were dismissed against Attorney Novick's client! The court determined that the client had not violated their terms of probation. The client's family erupted with joy! Family members were crying and thanking Attorney Novick for fighting for their family member's release. There is no greater joy than walking out of the courtroom and into freedom with a client!

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