April 08, 2011

• Steven Topazio wrote this April 27, 2014 at 11:56 am

The defendant, while at J.C. Penny in the Natick Collection, was arrested for shoplifting when she left the store without paying for several items of clothing. A subsequent search of her motor vehicle by police resulted in the disclosure of other items of clothing from Macys. When the defendant could not produce a receipt for the clothing discovered in her vehicle, she was arrested, hired Attorney Topazio to represent her. Attorney Topazio filed discovery motions for copies of store surveillance videos and tapes of transmissions with the police. Attorney Topazio filed a motion to suppress the evidence discovered in his client’s car alleging the search of the car was illegal and without probable cause or consent and all evidence obtained by the police was the fruit of this wrongful search. Today, prior to an evidentiary hearing, Attorney Topazio convinced the district attorney to dismiss the shoplifting charge on court costs and to reduce the felony receiving stolen property court to the misdemeanor offense of receiving stolen property under $250 in violation of M.G.L. c. 266 § 30, and the court agreed, continuing the mater without a finding for six months.