June 10, 2026
Possession with Intent Class A, Subsequent
Possession with intent Class B, Subsequent
Unlawful Possession of Firearm without ID Card, Felon 10 Years, ACC
Unlawful Ammunition, None, with ACC
Unlawful Possession of Large Feeding Device
Possession of a Firearm, During Commission of Felony
The client was, a solid guy with a great, loving, and supportive family. His family was productive and law-abiding. Over time, however, he had strayed from that path and gotten into trouble. In this case, he found himself in more serious trouble than usual. Despite, facing significant legal consequences, his core character remained unchanged. He continued to be a decent, respectful, and trusting person. Police alleged that he was selling fentanyl and other drugs out of his home. He also had a prior conviction for distribution of drugs. An informant purchased drugs from the client on several occasions. The police monitored both the informant and the transactions. They then applied for a search warrant, supported by an affidavit. A magistrate reviewed and approved the application. When officers executed the warrant, they entered the home, located the client, and recovered drugs along with significant evidence of drug trafficking. They also found a loaded high-capacity firearm. Because the client was a convicted felon, this created serious additional problems. The police charged him with: Possession with Intent to Distribute a Class A substance (subsequent offense), Possession with Intent to Distribute a Class B substance (subsequent offense), Unlawful possession of a firearm (prior criminal record), Unlawful possession of ammunition (prior criminal record), Unlawful possession of a large capacity feeding device, Possession of a firearm during the commission of a felony. There was also the potential for a significant sentencing enhancement (often referred to in connection with armed career criminal which he was also indicted) that carried a mandatory minimum of more than ten years on top of the underlying charges. The strategy focused on two tracks from the beginning. First, we examined his prior convictions to determine whether we could file a motion for a new trial. Second, we immediately petitioned for his release while he was being held under a G.L. c. 276, § 58A dangerousness hearing. Attorney Barabino and the team worked closely with the client’s family, who were outstanding and extremely supportive. We collected, developed, and obtained a series of affidavits that detailed the client’s good character, personal background, employment history, and residential support. We combined these materials with other supporting documents and were ultimately able to reach an agreement that resulted in the client’s release on cash bail. Once released, the case proceeded. The defense faced several challenges, including a motion to suppress the search warrant which the court deemed constitutionally acceptable. The next major phase involved a motion for a new trial on a prior case. This required sending investigators across the state to locate and interview witnesses. We prepared a detailed memorandum in support of the motion and requested a hearing. The judge allowed the petition for a new trial and scheduled a hearing date. However, through last-minute negotiations with the District Attorney’s office, we withdrew that motion for a new trial without proceeding to the hearing. Subsequently, the Commonwealth agreed to forgo the subsequent-offense enhancement. As a result, we secured a significantly reduced sentence: a state prison term of 4 to 5 years, with a three-year mandatory minimum.
Result: Released on 58A Dangerousness Hearing, Felon in Possession of Firearm and Armed Career Criminal Dismissed, and Plea Bring Matter to Conclusion.