» Class B Possession

Drug Possession Charges DISMISSED

July 5th 2015
Drug, Possession to Distribute Class B
Drug, Possession to Distribute Class B
Drug, Possession to Distribute Class B
Drug, Possession to Distribute Class C
Drug, Possession to Distribute Class E
Drug, Possession to Distribute Class C
Client was a young engineer involved with drugs. While under the influence, a young lady friend came over his home. She stayed at his home as a guest and tragically she passed away during the night as a result of a drug overdose. The defendant found her unresponsive and called police without hesitation. His attempts at first aid were valiant but unsuccessful. When police arrived to the home in response to the 911 calls they noticed various drugs in plain view. Those drugs included Morphine, Methadone, Suboxone, Klonopin, Gabapentin and Clonidine. There was enough in the view of police of each drug to charge distribution of the drugs. The police demonstrated a high level of expertise, professionalism, and sophistication. Their expertise was clear as they quickly noticed the necessity of applying for a search warrant for the drugs and conducting interviews and interrogations with proper rights administrated. In the end, the case moved through the court for nearly two years. As the case was close to trial, the District Attorney reduced the Class “A” charge to simple possession. That developed an opening to file a motion to dismiss not only that charge but also the remaining charges under the more recent law protecting people against being charged for possession of drugs when they call for help for people experiencing an overdose. The motion was filed. A hearing date was set. District Attorney stated his anticipated intend of dismissing the charges. On the day of the hearing, the case is dismissed in its entirety.
RESULT: Motion to Dismiss, FILED, CASES DISMISSED.

Drug Possession, License Suspended, Disguise to Obstruct Justice, MOTION TO SUPPRESS FILED, NO CONVICTIONS, NO DRUG SCREENS OR PROBATION CONDITIONS REQUIRED

May 7th 2015
Possession of Class “A” Heroin
Possession of Class “E” Gabapentin
Possession of Class “B” Suboxone
License Suspended, Operating Motor Vehicle
Disguise to Obstruct Justice
Client was hard working contractor who was a target of a drug task force. The task force pulled him over with no license, and client giving a fake name and information resulted in arrest. In addition, task force had warrants. Upon searching the motor vehicle it found various drugs of different categories. He was charged with illegally possessing those as well. Also, client had recently been released after doing a committed jail sentence for various crimes. Fortunately, Attorney Barabino and client reviewed the case and Attorney Barabino found an imperfection with the arrest process---an imperfection that could lead to a judge determining that the arrest was illegal and that the evidence should be thrown out. After Attorney Barabino provided the court with a detailed legal memorandum, a hearing was set. Attorney Barabino and an experienced, seasoned DA, reviewed the progress client had been making and the probability that defense could be successful. Since drug screens would not be compatible with his job, both parties agreed on a two-year Continued Without a Finding (CWOF), which meant that the case would be dismissed after two years. No drug screens or attendance with probation would be necessary.
RESULT: Motion to Suppress, FILED, Probation with NO CONVICTIONS if continues crime free for two years. NO DRUG SCREENS OR PROBATION CONDITIONS REQUIRED.

Possession of Drugs, MOTIONS ALLOWED, CASE DISMISSED

January 23rd 2014
Possession of Class B, Subsequent Offense
Client had previously admitted guilt to a charge of possession of cocaine, subsequent offense. Attorney Barabino sought to reopen his case since the drugs had been tested by the drug lab manipulator “Annie Dookham”. Attorney Barabino brought a motion to reopen the case or a Motion for a New Trial. That motion was allowed despite being vehemently opposed by the District Attorney. The District Attorney refused to dismiss the charges even though client had served a majority of the jail time that is permitted for the charge. As a result, Attorney Barabino sought to dismiss the evidence, since he alleged that it was obtained in violation of his constitutional rights—which ultimately would have forced the case to be dismissed. The court, in its eventual ruling, sided with the defendant. In this case, the Commonwealth sought additional time to consult with their appellate division, but the result remained clear, and despite the additional time, the case would be dismissed.
RESULT: Motion for a New Trial, ALLOWED, Motion to SUPPRESS, ALLOWED, Case DISMISSED.