» Minimum Mandatory Sentence


October 2nd 2015
Trafficking in Oxycodone
Felon in Possession Firearm
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.

Unlawful Drug Possession, Drug Violation Near School Zone/Park, MOTION TO SUPPRESS ALLOWED, ENTIRE CASE DISMISSED

April 4th 2012
Drug, Possession to Distribute Class A
Drug Violation Near School/Park
Client was a hard working tattoo artist who was charged with Possession with Intent to Distribute Heroin within a school zone. The school zone charge is a minimum-mandatory sentence of two years in a house of correction. The police alleged that they came into his home and viewed numerous drug-dealing equipment and unsold heroin. The client had had a search warrant served on his premises merely a week before, and the police were eager to make a bust. In this case, the police received a 911 call that an assault took place at the premises and used that as part of their authority to enter the home of client. When they entered the home, they did not have a warrant, but did receive permission from roommates---but not enough permission to make the search legal. As a result, after nearly a year of litigating the case, Attorney Barabino along with the other co-defendants placed the case on for a Motion to Suppress the evidence that was recovered from police. The goal was to suppress the evidence (or throw out) all the drugs and drug dealing equipment from being used at trial as proof against defendants, because the search was not constitutionally legal. After the hearing, at which the police and defendants testified, the court issued a three page-decision agreeing with client that the police search was unconstitutional and all the evidence should be thrown out. As a result, the case against the client was dismissed on all counts.