» Rule of Law

Illegally Carrying Firearms, DISMISSAL WITHOUT PREJUDICE ON ALL CHARGES

November 16th 2015
Firearm Carrying with Ammunition
Firearm Carrying without a license
The defendant was a passenger in his mother's car when it was pulled over by Massachusetts State Police. When State Police noticed he wasn’t wearing a seat belt, they wrote him a citation. When they wrote him a citation, they noticed he had active warrants. The police testified that when defendant provided his license to police, they noticed that he slid a small black pistol in between the seats. After the Defendant was arrested the police located and secured a small black revolver. After a motion to suppress, the case was set for trial. Ballistics experts, fingerprint experts, and various witnesses were called. The coordination was tedious, but all the pieces needed to be in place for the trial to begin. After five separate trial dates, the court dismissed the case, without prejudice. However, if the case is brought back to court, Attorney Barabino can move to dismiss the charges for failure to comply with time standards.
RESULT: DISMISSAL WITHOUT PREJUDICE ON ALL CHARGES. Upon re-applying for charges in future, Motion to DISMISS to be considered by court

Negligent Operation, Illegal Fireworks Possession, APPLICATION OF COMPLAINT FOR UNLAWFUL FIREWORKS POSSESSION DISMISSED, UPON SATISFACTION OF CERTAIN CONDITIONS NO CONVICTION

May 7th 2014
Negligent Operation of Motor Vehicle
Fireworks, Possession Unlawful
Client was bright college student and band member. He was charged with Negligent Operation of a Motor Vehicle and Possession of Fireworks. According to a state police report, he was parked on the left side of the highway-asleep in his vehicle. When police interviewed him, he had alcohol on his breath and his eyes were bloodshot. Yet unusually, the police only charged him for Negligent Operation of a Motor Vehicle and also for fireworks that were within the motor vehicle and are a criminal offense under Massachusetts's law. Attorney Barabino presented to a clerk magistrate the facts and background and the magistrate eliminated the fireworks charge. Once arraigned on the remaining charge, an agreement was made with the Commonwealth whereas some conditions would be met with administrative probation on the assurance that the matter would be dismissed upon all requirements.
RESULT: APPLICATION OF COMPLAINT FOR UNLAWFUL FIREWORKS POSSESSION, DISMISSED, Upon satisfaction of certain conditions, NO CONVICTION.

Possession with Intent to Distribute Class A, B & C Drugs, DISMISSED

August 8th 2013
Drug, Possession to Distribute Class A Chapter 94C Section 32A (a)
Drug, Possession to Distribute Class B Chapter 94C Section 32A (a)
Drug, Possession to Distribute Class C Chapter 94C Section 32A (a)
Client was under observation from police when he was stopped and arrested. According to police, they stopped Defendant and saw drugs in plain view on his car seat. The police searched the vehicle and located what they believed to be various drugs that were being prepared for distribution. The drugs that were allegedly intended to be distributed were thought by police to be Neurontin, Lexapro and Codeine. After nearly two years of litigating the case in court, a drug certification was provided to the Defendant, which stated that some of the drugs were in fact heroin. To add to the confusion, there was no chemist to testify as to the specific composition of the drugs at trial, which is almost always necessary for a conviction. At the day of trial, the Commonwealth was unable to secure the presence of the State Chemist. Attorney Barabino asked the court to dismiss the case as a result. The court, for various reasons, allowed the request for a dismissal. Case Closed.
RESULT: Possession with Intent to Distribute Class A, B & C Drugs, DISMISSED.