» Memorandum of Law

October 2^nd 2015
Trafficking in Oxycodone
Felon in Possession Firearm
Conspiracy
Armed Career Criminal (ACC)
According to Federal Agents, the defendant was participating in a drug distribution ring that had an international reach. Although, not a central player by any stretch, police felt strongly enough to set up controlled “buys” at the defendant’s home. The federal government utilized their many resources, which included wiretaps to record transactions inside the home. Fortunately, the federal government lost interest in the case as their “informant” was charged with drug dealing himself. The state took over the operation and their highly skilled prosecutorial team moved forward with the case. The case was as complex as any drug case could be. After a thorough review of the massive amount of data provided, Attorney Barabino filed a Motion to Dismiss the Armed Career Criminal or ‘ACC”, which is a sentencing enhancement. That well written motion was allowed by the judge and that particular indictment was dismissed. Once that indictment was dismissed, Attorney Barabino went to work on attempting to dismiss/reduce the remaining indictments, challenging the weight of the narcotics. In summary, he called in question the method that the Commonwealth uses to weight out and eventually charge people. He hired an expert and argued the motion with a lengthy and detailed memorandum of law. Although denied after a 6-month review by the judge, Attorney Barabino appealed it to a single justice of the Massachusetts Supreme Court, and eventually the full Bench of the Massachusetts Supreme Court. Disappointed that they did not take the case, he continued his advocacy. With the aide of another co-defendant lawyer, a loophole in the search warrant discovery process was determined and a partial motion to suppress was allowed. The result was after years of intense litigation, and an outstanding advocacy from the Commonwealth’s attorney as well, an admission of guilt was rendered with a penalty of a $50 fine. All remaining counts were dismissed. No Minimum Mandatory Sentence.
RESULT: Motion to Dismiss Armed Career Criminal, ALLOWED, Motion to Suppress, ALLOWED (In part), APPEAL to Massachusetts Supreme Court.

September 24^th 2013
Drug, Possession Class B (Cocaine) Chapter 94C Section 34
Drug, Possession to Distribute Class C Chapter 94C Section 32A (a)
Drug, Possession to Distribute Class C Chapter 94C Section 32A (a)
Drug, Possession to Distribute Class B Chapter 94C Section 32A (a)
Drug Possession Class C Chapter 94C Section 34
Drug Possession Class C Chapter 94C Section 34
Client was driving on an expired hardship license or "Cinderella" license. That license is valid for only a twelve-hour period, once per day. On this day, police pulled over client who was driving in violation of that license restriction. A traffic stop occurred and eventually various drugs were located by police. Client was charged, along with his vehicle's passengers, for the above offenses. After several months, a Motion to Suppress Evidence was prepared and a memorandum of law outlining why the police did not properly follow the rules drafted. The court agreed with Attorney Barabino's request for a dismissal. On the date of the hearing the Commonwealth agreed that the stop was not in accordance with the rules of stopping a vehicle and the motion was allowed.
RESULT: Motion to SUPPRESS, FILED AND ALLOWED via agreement, All charges DISMISSED, $100.00 fine for unlicensed operation charge.