December 3rd 2012
Drug, Possession to Distribute Class D Chapter 94C Section 32C(a)
Client, a young man in high school, was charged with Distributing Marijuana. According to police, client was in a parking lot with another person, after hours, when police performed a well-being check. Once police arrived, they smelled the odor of pot and detected other suspicious behavior. Police made Defendant exit the vehicle and located several separate bags of pot in his pocket upon search, as well as nearly $500 in cash. The police arrested and charged client and Attorney Barabino began criminal representation with client. An expert was hired with a specialty in drug distribution and several motions were filed to prepare for trial. Since it was expected that Attorney Barabino and client would only accept a complete dismissal or a not guilty verdict, the case was litigated for nearly a year and a half. During one hearing Attorney Barabino sought suppression of evidence and that request was allowed by the judge. With little expectation of success, the District Attorney simply dismissed the case. Attorney Barabino sought return of the client's so called drug money, and the court agreed and allowed the motion to return his property.
RESULT: Motion to Suppress, ALLOWED, CASE DISMISSED.
