February 19, 2014
- Steven Topazio wrote this May 29, 2014 at 11:26 pm
The client, a 17-year old, was seen by Boston Police taking part in a drug transaction and was arrested as an adult (while being the age of 17) for possession of cocaine with intent to distribute in a school zone was represented by Boston Criminal Lawyer Steven J. Topazio. According to the police report, the Boston Police officers were conducting a drug investigation after numerous citizens reported an increase in drug sales and usage in the downtown Boston area.
Following the client’s arrest, on September 18, 2013, An Act to Expand Juvenile Jurisdiction, Increase Public Safety and Protect Children from Harm was signed into law by Governor Deval Patrick. St. 2013, c. 84 , extending the Juvenile Court’s jurisdiction to all individuals up to and including the age of 17. As a result of this new law, Attorney Topazio filed a motion to remand his client’s case to juvenile court or in alternative to dismiss all charges against his client due to a lack of jurisdiction. Attorney Topazio argued that although statutes generally operate prospectively this new statute should apply retroactively because its observance would involve a construction inconsistent with the manifest intent of the legislature and would be repugnant to the context of the statute. Attorney Topazio argued that the primary objective of the Act is to protect 17 year olds from the harm that arises out of adult prosecution and adult incarceration. Today, Attorney Topazio persuaded the court to dismiss all charges against his client.