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Criminal Infractions, CASE DISMISSED WITH NO CRIMINAL RECORD

December 8, 2016
Federal Court Violation Notice Possession of Class “D”
Federal Court Violation Notice Providing Alcohol to Minors
Client was a respectful young man who lived at a military post. As a non-military member, he was cited for two criminal infractions. Those infractions fall under the jurisdiction of the federal court. Attorney Barabino entered into discussions with the military prosecutors well before the hearing. The prosecutors were professional, smart, and knowledgeable about the details of the case. In the end, given all the factors, a non-criminal disposition was entered whereby the client would pay $850 and no criminal record or entry would occur (a.k.a. a forfeiture of collateral). The case was dismissed with no criminal record.
Result: CASE DISMISSED WITH NO CRIMINAL RECORD

Illegal Drug Possession, MOTION TO SUPPRESS ALLOWED, CASE DISMISSED

December 20, 2012
Drug, Possession to Distribute Class D Chapter 94C Section 32C(a)
Client was a young man with no criminal record. According to police, client was in a motor vehicle when police approached and saw what they described as smoke emitting from the windows. The police searched and interviewed all the people in the vehicle. During the search of the vehicle, they discovered two scales used for weighing marijuana, and marijuana itself. The amount of marijuana combined with the scales and statements resulted in the arrest of the client and another. A Motion to Suppress was filed and testimony was elicited from the arresting officers as well as the parties charged with this crime. After a hearing, the court took the matter under advisement. At the next court date, the court issued its ruling, declaring that the police acted unconstitutionally and that the evidence should be thrown out as inadmissible. As a result, the charges were dismissed.
Result: Motion to Suppress, ALLOWED, CASE DISMISSED.