February 18, 2011

• Steven Topazio wrote this April 27, 2014 at 11:51 am

The defendant, who was represented by Attorney Topazio, was inside a Dunkin Donuts in Revere when observed by a police officer to have a nip bottle in her back pocket. The officer described the defendant to also be be intoxicated. When she was asked by the Revere Police Officer to turn over the nip bottle, she refused. The officer attempted to confiscate the bottle by retrieving it from her back pocket, but when he stuck his hand into her back pocket the defendant pushed the officer in the chest. The officer thereafter attempted to handcuff the defendant who resisted, and as a result was tripped to the ground by the officer for prone handcuffing. Attorney Topazio filed a Motion to Dismiss all charges, alleging that the officer created the scenario to arrest his client. Attorney Topazio argued to the court that the officer mishandled the situation and was unjustified in sticking his hand into her back pocket in an attempt to retrieve a nip bottle. Attorney Topazio pointed out that courts generally do not inquire into the competency or sufficiency of the evidence in support of a criminal complaint. Nevertheless, Attorney Topazio pointed out that a necessary element of a Disorderly charge is that the tumultuous behavior or offensive conduct of the defendant has to “serve no legitimate purpose of the defendant”. Today Attorney Topazio convinced the Court that due to the officer mishandling the situation, his client was justified and had a legitimate purpose in protesting the male officer sticking his hand into her back pocket feeling her buttocks in search of a nip bottle. The court, over the Commonwealth’s objection that Attorney Topazio’s arguments were nothing more than trial defenses, dismissed all charges against his client.