May 03, 2012

• Steven Topazio wrote this April 27, 2014 at 5:46 pm

The Client, a 31 year old self employed medications courier for nursing homes, was arrested on drug charges, hired Boston Criminal Defense Lawyer Steven J. Topazio to represent him. According to the police report, the Client was stopped in his motor vehicle after a State Police Trooper alleged the Client’s rear motor vehicle plate light was broken. When the Trooper approached the vehicle, the Trooper claimed he detected a strong odor or raw un-burnt Marijuana. According to the report, the Trooper asked the Client if there was any Marijuana in the vehicle and how much. The Trooper reported that the Client stated that he had “an ounce,” then produced 3 small plastic bags containing 1.37 ounces of Marijuana. An ounce or less of marijuana is a non-arrestable civil violation. An ounce of marijuana or more is a criminal offense. Attorney Topazio attacked the Trooper’s rendition of the facts as not being credible. Attorney Topazio alleged the Trooper threatened his Client and forced the Client to produce the Marijuana that was secreted in the motor vehicle. Attorney Topazio argued that due to the recent changes in the law which decriminalized an ounce of marijuana or less, the police can no longer search a motor vehicle based on an odor of marijuana alone. Today, Attorney Topazio persuaded the District Attorney to dismiss the charges against his Client on the payment of court costs.