» Jury

Possession w/ Intent to Distribute, REDUCTION FROM DISTRIBUTION TO SIMPLE POSSESSION, Conspiracy, DISMISSED

October 7th 2015
Possession with Intent to Distribute Class “D”
Conspiracy
Client was a loving father, a dedicated employee, and a supportive partner. According to police, an “informant” provided information to police that he thought that drug dealing was occurring at his home. Police, being particularly detailed, commenced what are called “trash pulls”, which included a review of the contents of all their trash at multiple trash drops. A search warrant was executed. Police located a few ounces of marijuana, scales and baggies. The cases presented some complexities since there was an immigration detainer. So the goal was to move the case as fast as possible. However, despite immigration concerns, client and Attorney Barabino didn’t want to see him admit to a distribution charge, when the reality was that it was simply marijuana for personal use, albeit a larger amount than typical for the average smoker. In the end, immigration consequences left us no choice but trial and mid-day into the first day of trial, moments before the jury was to enter, an agreement to reduce the charge to simple possession ended the case.
RESULT: REDUCTION FROM DISTRIBUTION TO SIMPLE POSSESSION. Conspiracy DISMISSED.

Larceny from a Building, NOT GUILTY

September 18th 2013
Larceny from a Building
Client was a young man charged with the felony offense of Larceny from a Building. According to police and surveillance video provided by the establishment, the Defendant did take a pocketbook. However, after several witnesses testified that the bag was left untouched in his friend’s car and the Defendant testified himself explaining that his girlfriend had the same type of purse, the jury quickly agreed that he simply made a mistake.
RESULT: Jury Verdict: NOT- GUILTY

Assault and Battery, DISMISSED, Illegal Drug Distribution, DISMISSED

August 21nd 2012
Assault and Battery Chapter 265 Section 15?
Possession to Distribute Class “D” Chapter 94C Section 32(c)
Client was a landscaper who was in warrant status as a result of not reporting to his probation officer. Moreover, he was charged with new crimes of Assault and Battery and Distributing Class “D” (marijuana). Attorney Barabino brought to the charges straight to trial---little time to waste since there would be consequences from his probation officer if he was convicted of new charges. At trial, the Commonwealth was unable to secure the necessary witnesses to present their evidence, and the Assault and Battery was dismissed. Attorney Barabino next filed what is called waiver of jury to allow the judge to hear the remaining evidence for distribution. Once that was complete, the District Attorney simply assented that their probability of securing a verdict was low—so low that they agreed to dismiss the distribution charge in its entirety.
RESULT: Assault and Battery Charge DISMISSED. Distribution Charge DISMISSED.