» Possession to Distribute


September 24th 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.

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.