Possession with Intent to Distribute, CONDITIONAL AGREEMENT WITH NO STATE PRISON TERM

February 22, 2008
Possession with Intent to Distribute Cocaine
The client, a fifteen-year-old, was out on a "Liberty Pass" from his commitment at the Department of Youth Services (DYS). According to police, he had sold drugs to several individuals. Unknown to him, the several individuals were part of an organized drug task force which included the Federal Bureau of Investigation (FBI), State and local police, as well as sheriff's deputies. With overwhelming evidence against the client, Attorney Barabino began negotiations. The young man was facing several years since he had been indicted as a youthful offender. The Commonwealth sought several years in prison, but Attorney Barabino successfully persuaded the judge to accept a commitment to the Department of Youth Services (again) until he was 21 and a suspended sentence at the house of correction.
Result: NO STATE PRISON TERM. Allowed to attend the Department of Youth Services until 21 with suspended sentence for one year. Likely DYS release home within 5-8 months.