May 29, 2013

• Steven Topazio wrote this May 5, 2014 at 3:01 am

A 22 year old college student, charged with two counts of possession of Class B substance, (cocaine and ecstasy), Possession with Intent to Distribute Class B substance and Distribution of a Class B substance, hired Boston Criminal Attorney Steven J. Topazio to defend him following his arrest at school. The client was arrested by college police after the client sold cocaine to an undercover police officer. Attorney Topazio discovered that his client was not the initial focus of police investigation. According to a police narrative, police contact was made with a source of information that identified a third party student living in a residence hall at a university who was selling cocaine. Though text messages, the officer was able to negotiate the purchase of cocaine with the third party student. Prior to the initial scheduled sale of cocaine negotiated by the third party student and the police, the third party student notified the undercover officer that she was too busy to complete the sale but that her friend (the client), would do it for her. The officer met with the client to purchase 1 gram of cocaine for $80. Before the officer completed the transaction, she gave the client $70 instead of $80 and stated that that was all she had and that he could break off a piece of the rock-like substance, which he did do, to adjust for the price. The client was thereafter arrested and charged with distribution, including possessing with intent to distribute the pieced of cocaine he broke off at the officer’s request. The Commonwealth failed to charge the client with distribution in a school zone and before the Commonwealth brought out new charges, Attorney Topazio advised his client to tender a change of plea in order to avoid the more serious charges being filed. Attorney Topazio used his client’s lack of sophistication with the drug transaction to his advantage. Despite the Commonwealth requesting that the client be found guilty, Attorney Topazio obtained letters of recommendation from school faculty and friends and prepared a sentencing memorandum for the court. Attorney Topazio was able to convince the court to dismiss the Possession with Intent to Distribute Class B substance (cocaine) and possession of ecstasy charges and to give his client a continuance without finding (CWOF) on the felony Distribution charge and possession of cocaine charge despite the Commonwealth’s insistence on a guilty finding.