November 10th 2011
Drug, Possession to Distribute Class A Chapter 94C Section 32A (a)
Drug Violation Near School/Park Chapter 94C 32 J
Law Enforcement was watching client as he moved in and out of a motor vehicle that they had been monitoring. As they observed client and other known parties enter and exit motor vehicles, they moved in arrested all the parties. Client was charged with a distributing heroin in a school zone as well as possession to distribute heroin. The school zone violation requires a minimum two-year house of correction prison sentence, and the distribution charge would be on and after time---prison time. In this case on and after prison time was a real possibility---almost a certainty. Client had a six page “rap sheet” detailing prior convictions for larceny, receiving stolen property, breaking and entering, drug possession, resisting arrest, possession to distribute heroin, possession to distribute in a school zone and conspiracy, among others. In challenging the charges, Attorney Barabino filed a memorandum detailing the factors that should demand a dismissal of the charges. That memorandum, along with a motion and relevant case law required one result---that the motion to dismiss all the charges should be allowed, and the District Attorney agreed to the motion moments prior to starting the formal hearing.
RESULT: Motion to Dismiss Both Charges, ALLOWED, CASE DISMISSED.
