» Constitutionality

Possession of Heroin, SUPPRESSION HEARING SUCCESSFUL, MOTION TO DISMISS ALLOWED, CHARGE FORMALLY DISMISSED

October 5th 2015
Possession of Heroin
According to police, client was acting suspiciously and coordinating a drug deal. After monitoring some observations, police stopped a vehicle he was traveling in. What occurred after the stop was, according to Attorney Barbaino, an illegal search and seizure. When an illegal search and seizure occurs, the next step is to make a formal challenge to the government. As can been seen and as is done in each case that this occurs, Attorney Barabino drafts and files a motion and memorandum of law detailing his claims. A date is set to bring in the officers to court to challenge the process of the arrest and drug discovery and the judge reviews the testimony. Occasionally, the judge will make his decision right after the hearing. In this case, the judge tendered a very well written, detailed finding. The result of his finding was that Attorney Barabino’s motion to suppress would be allowed. And since the drugs could not be used as evidence in the case, the result was that the matter would be dismissed. The Commonwealth had an administrative review of 30 days to decide whether to appeal. However, in this case, like most, the case would simply be dismissed on the day the defendant returns to court.
RESULT: Suppression Hearing, SUCCESSFUL, Motion to Dismiss, ALLOWED. Client returns to court for formal DISMISSAL OF THE CHARGE.

Illegal Drug Possession, MOTION TO SUPPRESS ALLOWED, CASE DISMISSED

December 20th 2012
Drug, Possession to Distribute Class D Chapter 94C Section 32C(a)
Client was a young man with no criminal record. According to police, client was in a motor vehicle when police approached and saw what they described as smoke emitting from the windows. The police searched and interviewed all the people in the vehicle. During the search of the vehicle, they discovered two scales used for weighing marijuana, and marijuana itself. The amount of marijuana combined with the scales and statements resulted in the arrest of client and another. A Motion to Suppress was filed and testimony was elicited from the arresting officers as well as the parties charged with this crime. After a hearing, the court took the matter under advisement. At the next court date, the court issued their ruling, declaring that the police acted unconstitutionally and that the evidence should be thrown out as inadmissible. As a result, the charges were dismissed.
RESULT: Motion to Suppress, ALLOWED, CASE DISMISSED.