September 25, 2023
Trafficking in Cocaine
Possession with Intent to Distribute Cocaine
Client was a single hardworking dad accused of trafficking cocaine. Client had distributed a Class B substance to people for their individual consumption. In turn, it appears that one of those people was a confidential informant which the police used to then begin an investigation into Client. The Police surveilling Client beginning with obtaining a search warrant to place a tracking device on his vehicle. Police obtained from the device the locations Client’s vehicle traveled to. Police then obtained another search warrant and located the hotel room Client had been staying at. Police found enough cocaine for the threshold of Trafficking. Under Massachusetts law, there is a minimum mandatory sentence of 3.5 years in prison for this crime. Over a period of about a year and a half, Attorney Barabino detailed and prepared countless motions to prepare the case for trial, the evidence in search of details and subtleties to develop a defense. In particular, their aim was to have the drugs suppressed from evidence because they were taken in violation of Client’s constitutional rights. Applying the very novel “mosaic theory,” After a year of litigation, Attorney Barabino and the Assistant District Attorney came to an agreement where they would reduce the mandatory minimum and the defendant would admit to distributing cocaine, not trafficking. Thought the sentence was for 9 months committed time with probationary sentence and jail if he violated probation, Client will likely be released at the 4.5 month mark as he is a strong candidate for parole. The sentence condition was for to him to be employed.
RESULT: Minimum Mandatory Reduced for Trafficking.
