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Class “A” Drug Possession and Conspiracy, DISMISSED.

September 26th 2014
Drug, Possession Class B (Cocaine)
Conspiracy to Violate Drug Law
According to police, while on patrol in a high-crime area, they noticed what they believed to be a drug transaction. They produced a lengthy police report, which detailed their observations. However, in the end, Attorney Barabino and his client were confident that they could prove an illegal search and seizure. That confidence was actualized when an agreement was reached without even having a hearing, whereby the Conspiracy charge would be dismissed outright and the possession would also be dismissed upon payment of a $150 penalty.
RESULT: Class “A” Drug Possession and Conspiracy, DISMISSED.

OUI-liquor, NOT GUILTY VERDICT, LICENSE REINSTATED

August 19th 2014
OUI - Liquor or .08%
Client was a hard working supermarket manager. After having a few drinks after work one day, he was returned home to discover a DWI/Roadblock. The State Police noticed that he had glassy red eyes, admitted to consuming two drinks, slurred his speech, and was very unsteady on his feet. After an unsuccessful performance on his field sobriety test, he was arrested. Client took the stand in his own defense. A clear timeline and understanding of his natural inability to perform the test was presented, and an attentive jury returned a verdict of not guilty. Motion to reinstate client’s license, allowed.
RESULT: Jury returns verdict of NOT GUILTY, Motion to reinstate license, ALLOWED.

Illegal Drug Possession, MOTION TO SUPPRESS ALLOWED, CASE DISMISSED

December 3rd 2012
Drug, Possession to Distribute Class D Chapter 94C Section 32C(a)
Client, a young man in high school, was charged with Distributing Marijuana. According to police, client was in a parking lot with another person, after hours, when police performed a well-being check. Once police arrived, they smelled the odor of pot and detected other suspicious behavior. Police made Defendant exit the vehicle and located several separate bags of pot in his pocket upon search, as well as nearly $500 in cash. The police arrested and charged client and Attorney Barabino began criminal representation with client. An expert was hired with a specialty in drug distribution and several motions were filed to prepare for trial. Since it was expected that Attorney Barabino and client would only accept a complete dismissal or a not guilty verdict, the case was litigated for nearly a year and a half. During one hearing Attorney Barabino sought suppression of evidence and that request was allowed by the judge. With little expectation of success, the District Attorney simply dismissed the case. Attorney Barabino sought return of the client's so called drug money, and the court agreed and allowed the motion to return his property.
RESULT: Motion to Suppress, ALLOWED, CASE DISMISSED.