March 16th 2015
Drug, Possession to Distribute Class B, Subsequent Offense
Drug, Possession to Distribute Class C, Subsequent Offense
Drug, Possession to Distribute Class B, Subsequent Offense
Conspiracy to Violate Drug Law
Drug Violation Near School/Park
Client was a hard working father and husband. According to police, he was a convicted drug dealer who was dealing drugs. According to a report filed by police, client met with another individual who was buying his drugs. An informant had been providing information to police, they said. Police saw client and ordered him to exit the motor vehicle. They asked him questions and lastly confiscated his phone, money and small amount of drugs. The charge required an indictment to Superior Court because it was not his first arrest for dealing. However, the case ultimately remained within District Court. Police initiated forensic investigation into his phone after receiving search warrant. Attorney Barabino would later seek to have that thrown out as evidence, but first he sought a hearing to reduce the school zone/park violation. He filed a Motion to Dismiss, and after a hearing, that motion was allowed. That meant client was no longer subject to the mandatory two-year prison sentence. That charge was consequently dismissed. Afterwards, another hearing was set and motions and legal memoranda filed to suppress or wipe out all the evidence. Attorney Barabino attempted to persuade the judge that the search was illegal. When the judge ruled that the search is indeed illegal, that evidence that was located was not permitted to be used. After the hearing another date was set to hear the judge's ruling. At that hearing, the judge filed a lengthy legal memorandum setting out the reasons why all the evidence would be suppressed. All charges would be dismissed.
RESULT: Motion to Dismiss School Zone/Park, ALLOWED, Motion to Suppress all the evidence, ALLOWED.
