» Illegal Drug Possession

Illegal Drug Possession, MOTION TO SUPPRESS ALLOWED, CASE DISMISSED

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.

Intent to Distribute, DISMISSED, Unlawful Drug Possession Charge, NOT GUILTY, School Zone Drug Violation, DISMISSED

June 29th 2012

Drug, Possession to Distribute Class A Chapter 94C Section 32A (a)


Unlawful Drug Possession Chapter 94C Section 34

Drug Violation Near School/Park Chapter 94C 32 J


Client was employed in the construction field and work was slow. According to the police, they saw client (with whom they were familiar) pull behind another car that they were secretly watching. They observed client’s passenger get out of the car and sell heroin to a young couple. The police were there at the right time and the right place. In fact, the group of officers observing the transaction was from the Special Response Team (SRT), which consisted of experienced, knowledgeable drug enforcement officers. Their hunch of illegal activity was correct---they witnessed a drug transaction. The police arrested all involved and client was charged with possession of heroin, possession of heroin with intent to distribute, and possession with intent to distribute within a school zone. The last charge, intent to distribute within a school zone carries a two year house of correction jail sentence. That two-year sentence is mandatory. When a charge is mandatory, that means no suspended sentence, house arrest, or probation—the person must go to a correctional facility for two years (eligible for parole after one year). For some “mandatory” charges there are provisions for a suspended sentence---but not with a “school zone charge”. The case proceeded through the court system for nearly a year. The other people that were arrested at the same time, called (co-defendants), were represented by other lawyers and admitted to guilt. Any admission of guilt for Attorney Barabino’s client was unacceptable---a decision he and his client made early on in the case. However, when prior to a hearing an offer of dismissing the school zone charge and the distribution charge and admitting to “sufficient facts” for the possession charge was proposed, client was ready to agree to a deal. In addition, client consented to forfeiting his nearly $1,000 in cash, which was located on his person. If he remains out of trouble for a year, his charge will be dismissed entirely.
RESULT: School Zone, DISMISSED, Intent to Distribute, DISMISSED, Possession Charge, NOT GUILTY.

Illegal Drug Related Charges, SCHOOL ZONE DISMISSED, Negligent Operation, Speeding, License Suspension, REDUCED TO FIRST OFFENSE, NO JAIL TIME FOR ANY CHARGE

June 26th 2012
Drug, Possession to Distribute Class A Chapter 94C Section 32A (a)

Unlawful Drug Possession Chapter 94C Section 34
Drug Violation Near School/Park Chapter 94C 32 J

Negligent Operation of Motor Vehicle Chapter 90 Section 24(2)(a)

Speeding in Violation of Special Regulation Chapter 90 Section 18
License Suspended, Operation Motor Vehicle, Subsequent Offense Chapter 90 Section 23E
Client was recently licensed barber who was charged with several offenses. Those offenses included Possession of Heroin, Possession of Heroin with the Intent to Distribute, School Zone/Park Drug Violation, Negligent Operation of a Motor Vehicle, Failure to Stop for Police, Driving on a Suspended License Subsequent Offense, and related civil infractions. According to police, they saw client driving and they knew from prior knowledge that he did not have an active license. They stated they were “very familiar” with client. The statement that they were very familiar with client was supported by the client’s former arrest for distribution and possession of drugs. When they hit the sirens to pull him over he took off and the police chased him for several streets until they caught him on a one way. After client was stopped, they arrested him and took him for booking. After the arrest they found ten separate baggies of what was heroin, packaged in a method consistent with distribution of the drug. Moreover, and very problematic for the Defendant, was that the police charged him with distributing the drugs in a school zone, which carries a two-year house of correction sentence—mandatory—meaning no suspended sentence, no house arrest and obligatory jail time. After nearly a year of litigating the case and hiring an expert in distribution of drugs, the day of trial finally arrived. At trial, the Commonwealth brought with them their own expert in drug distribution, an expert in school zone measurement, two police officers, a chemist from the State Police crime lab, and a representative from the Department of the Registry of Motor Vehicles. Despite Attorney Barabino's ability to and desire to prove his client's innocence, a deal was offered that client was very receptive to. The deal included the Commonwealth dismissing the School Zone Drug Violation charge, dismissing the Possession Charge, reducing the Driving on a Suspended License offense from a subsequent offense to a first offense, a Continuation Without a Finding on the Negligent Operation of a Motor Vehicle, and no fine imposed for the civil offenses.
RESULT: School Zone, DISMISSED, Driving on a Suspended License Subsequent Offense, REDUCED TO FIRST OFFENSE, NO JAIL TIME FOR ANY CHARGE.