March 17th 2022
Possession with Intent Class “C”
Possession with Intent Class “D”
Client was an all- around hardworking father and husband and small business owner. When the COVID-19 Pandemic hit he like many other small business owners struggled to survive. In this case, the well-intentioned owner used his business to transact marijuana and Class “C” drugs. Although legal in Massachusetts, one cannot sell it without a license which he did not possess. In this case, police arranged an to have an undercover officer make a buy at the location. They went into the client’s place of business and using marked bills purchased some items that are, illegal. They confronted client and client respectfully admitted that he has made the sales and made statements. Undercover drug purchases are difficult to defend since really the only defense is identification or that it wasn’t drugs. Here, the police surely made the correct identification, and the items were eventually certified from a Drug laboratory as, in fact the illegal drugs. Although the case took nearly a year to move through the court system, Attorney Barabino and client took advantage of the time to educate the District Attorney about client and his background. In the end, an agreement was that the case would be continued for a period of one year and client doesn’t admit to doing anything criminal. A great result, for a great person.
RESULT: PTP or Pre Trial Probation for Drug Distribution.