Boston Criminal Conspiracy Attorney
Boston Criminal Conspiracy Lawyer Steven J Topazio
Contact Boston Criminal Conspiracy Lawyer Steven J Topazio
Servicing all of Massachusetts
Criminal Conspiracy cases can be quite complicated. A criminal conspiracy charge can be brought against you even if no real crime has been committed. Criminal Conspiracies involve complex fact patterns and sometimes involve several potential witnesses. Witnesses are usually discovered by the prosecution in the course of long-term costly investigations. A Criminal Conspiracy involves an agreement to do an act linked to virtually any unlawful behavior. When the prosecution closes in on you, don’t wait for help. Consider Boston Criminal Conspiracy Lawyer Steven J Topazio.
What is a Criminal Conspiracy?
An agreement between two or more people to commit a crime in the future is the definition of a criminal conspiracy. There are three elements to a criminal conspiracy. First, the prosecution must prove that you joined in an agreement or plan with one or more other persons. Second, the purpose of the agreement is to do something unlawful. Third, that you joined the criminal conspiracy knowing of the unlawful plan and you intended to help carry it out.
A criminal conspiracy charge is a serious matter. If proven, you could be exposed to a lengthy prison sentence. For this reason, it is important to have an effective criminal defense attorney on your side. Whether you are considered the “kingpin” in the criminal conspiracy or just a minor player; hire an experienced criminal conspiracy lawyer you can trust. Boston Criminal Conspiracy Lawyer Steven J Topazio is the criminal defense lawyer you need to fight your criminal conspiracy charge. Contact us today to discuss your case.
Defending Criminal Conspiracy Charges throughout Massachusetts
Boston Criminal Conspiracy Lawyer Steven J Topazio is an experienced litigator. He represents clients throughout Massachusetts. If you are accused of playing a part in a criminal conspiracy or facing criminal charges, contact our office.
Boston Criminal Conspiracy Lawyer Steven J Topazio has handled criminal conspiracy charges which have included:
* Drug trafficking
* Possession with intent to distribute
* Assault and Battery
* Money laundering
* Criminal Conspiracy to commit burglary
* Criminal Conspiracy to commit a white-collar crime
* Criminal Conspiracy to commit theft offenses
Conduct that might otherwise be legal can actually be illegal if it was conducted in furtherance of a criminal conspiracy. To make matters worse, people involved in a criminal conspiracy in a relatively minor way may be held accountable for the acts of more serious participants. This is the case even if only one of the members of the criminal conspiracy elevates the level of his criminality by committing a more serious crime. Criminal liability may exist for all members of the criminal conspiracy if it can be proven that such conduct could have been reasonably foreseeable.
Criminal Conspiracy Defense
There are several potential defenses when charged with a criminal conspiracy. Those defenses include:
You may never have joined the criminal conspiracy.
The prosecution may have misperceived the nature and extent of your involvement in any criminal conspiracy.
You took an overt act to withdraw from the criminal conspiracy.
It is not enough that an individual knew about the criminal conspiracy or associated with conspirators. To be liable as a conspirator in Massachusetts, you must have actually joined in the criminal conspiracy as something that you wished to bring about.
In all of these instances, Boston Criminal Conspiracy Lawyer Steven J Topazio will work hard to clear your name. He will resolve your case by going to trial or negotiating a favorable plea disposition when a favorable deal can be negotiated.
Comprehensive Investigation and Case-Building
Proving a criminal conspiracy can be difficult. It is not always possible to prove this crime by direct evidence. Boston Criminal Conspiracy Lawyer Steven J Topazio knows that the law allows a jury to infer that there was a criminal conspiracy from all of the circumstances. For this reason, in drug conspiracy cases, the drug quantities are examined and tested as they may be overstated. In fraud conspiracies, the amount of loss attributable to you is also carefully analyzed. Too often, witnesses against you may be lying in order to cut a more favorable deal for themselves.
Boston Criminal Conspiracy Lawyer Steven J Topazio is prepared to investigate every aspect of your case. He will identify the right strategy and build an aggressive and effective defense on your behalf. All the allegations and circumstances of your criminal conspiracy case will be examined. If you have been charged with a criminal conspiracy, you need an experienced criminal defense attorney on your side.
Boston Criminal Conspiracy Lawyer Steven J. Topazio will respond promptly to your email or call 617-422-5803 to discuss your case.
RECENT CASE DECISIONS
Chelsea District Court
Conspiracy to violate Drug law MGL c 94C § 40
Distribution of Class B Drug MGL c 94C § 32A(a)
Possession to distribute Class B Drug MGL c 94C § 32A(a)
The client was arrested for allegedly engaging in a hand to hand exchange of cocaine with an undercover officer, who was introduced to the client by a third individual who was trying to purchase cocaine for the undercover officer. According to the police report, the Chelsea Police Drug Unit was conducting an undercover operation in Bellingham Square where an undercover police officer, who was introduced to the client to purchase cocaine, allegedly gave the client marked police buy money in exchange for cocaine. The client was arrested immediately thereafter, and although he did not have any drugs on him, he had in his possession the photographed police buy money. Despite the strength of the Commonwealth’s case, today at trial Boston Criminal Conspiracy Lawyer Steven J Topazio was able to get all charges against his client dismissed.
Result: All charges dismissed at trial.
Hingham District Court
Docket # 1158CR1860
Conspiracy, M.G.L. c. 274 § 6
Attempt to Commit Crime, M.G.L. c. 274 § 6
Witness Intimidation, M.G.L. c. 268 § 13B
The client, an Asian male from New York, was arrested and charged with conspiracy in violation of MGL c. 274 § 7, attempt to commit a crime in violation of MGL c. 274 § 6, and witness intimidation in violation of MGL c. 268 § 13B after attempting to open a checking account in Citibank in Hingham. Hingham police were provided information from Citibank Security about a group of men who apparently open checking accounts in a false name and deposit approximately a small amount of cash into the account. These men then make a large deposit by check (with insufficient funds or bad check) and then make a withdraw of a large cash amount before the check is returned, leaving the account in the negative. According to the police report, Citibank Security was given a BOLO from Citibank regarding a scam/fraud by an Asian group of males that occurred in other banks, which the police concluded was the client’s intent when he entered the Hingham Citibank.
Boston Criminal Conspiracy Lawyer Steven J Topazio challenged the evidence with a motion to dismiss. He argued that it is not always possible to prove a conspiracy by direct evidence. The law allows a trier of fact, where it seems reasonable, to infer that there was a conspiracy from all of the circumstances. For example, if people who know each other or have been in communication with each other are shown to have been involved in concerted actions which all seem designed to accomplish a specific purpose, then it may be reasonable to conclude that those actions were not coincidental but were taken pursuant to a joint plan.
In this case, Boston Criminal Conspiracy Lawyer Steven J Topazio argued that nothing was known about his client other than he was Asian and spoke a foreign language when he was in Citibank. The client was arrested because he was in the company of a co-defendant whose picture was allegedly in the BOLO provided to Citibank security which alleged that Asian gang members were defrauding banks. Boston Criminal Conspiracy Lawyer Steven J Topazio argued that he was in the wrong place at the wrong time and nothing more. He argued that it is not enough that his client knew about the conspiracy or associated with conspirators. To be liable as a conspirator, Attorney Topazio argued that the defendant must have actually joined in the conspiracy as something that he wished to bring about.
Boston Criminal Conspiracy Lawyer Steven J Topazio argued that nothing was known about his client and that nothing in the police report indicated that the client, who was not in the bank’s security BOLO, was aware of any unlawful objective of anybody when he entered the bank. Despite the facts, the motion was denied, and the case was pushed to trial. Multiple motions in limine were drafted in anticipation of trial. Today at trial, Boston Criminal Conspiracy Attorney Steven J Topazio was able to persuade the court to dismiss all charges against his client.
Result: Case dismissed at trial.
BMC West Roxbury District Court
Clerk Magistrate Hearing
Application for Criminal Complaint
Distribution of Class D (marijuana) M.G.L. c. 94C § 32C
Possession With Intent to Distribute Class D M.G.L. c. 94C § 30C
Conspiracy to Violate the Drug Laws M.G.L. c. 94C § 40
The client, a 31-year-old administrative assistant with no prior criminal history, immediately hired Boston Criminal Conspiracy Charges Attorney Steven J Topazio to represent her after she was stopped by police and searched after purchasing marijuana. Although not arrested, the Client received an application for a criminal complaint to appear in court to answer on the charges.
Boston Criminal Conspiracy Lawyer Steven J Topazio obtained the police report and learned that members of the Drug Control Unit stopped the Client after observing her engaged in what they believed to be a drug transaction. According to the police report, a $50.00 bag of marijuana was recovered from the Client who admitted to purchasing the marijuana and was released by police. After the Client was released, she called the alleged seller’s cell phone which was answered by the police. The police, using a ruse, answered the alleged seller’s cell phone and reported that the Client stated that she was just stopped by the police and that they recovered only one of two bags of marijuana from her. The police still under the ruse, arranged to meet the Client for a second time, where it was reported that the Client was not in possession of the second bag of marijuana as she admitted to distributing it to a third person.
Today, Boston Criminal Conspiracy Lawyer Steven J Topazio convinced the clerk magistrate and the police not to issue a criminal complaint against his Client at this time but rather to hold the matter open for one year with an agreement that if his Client gets into no further trouble the court will dismiss all charges at the conclusion of the year. Dismissing the application for complaint prior to issuance of the formal criminal complaint also prevents an entry from appearing on his client’s clean criminal record or (CORI).
Result: Complaint not issued and will be dismissed in one year provided client stays out of trouble.
Somerville District Court
0810 CR 1960
Possession with Intent to Distribute Class B c. 94C § 32A
Conspiracy c. 94 § 40
The defendant, who was on probation, was contacted by a police informant who arranged to buy drugs from him. The defendant was arrested during the alleged drug transaction. The defendant was found to be in possession of three (3) plastic bags of cocaine. After the arrest, the defendant made several incriminatory statements. The defendant’s probation was revoked on account of the new arrest and he was committed for one year to the House of Correction, hired Boston Criminal Conspiracy Attorney Steven J Topazio.
Boston Criminal Conspiracy Lawyer Steven J Topazio moved to suppress the drugs found on the defendant. Cognizant of the fact that his client was serving a sentence, Boston Criminal Conspiracy Charges Lawyer Steven J Topazio, over the Commonwealth’s, objection, but prior to the suppression hearing, offered a change of plea in which he obtained a concurrent sentence for his client with no additional time. The sentence additionally was imposed Nuno Pro Tune to the original date of his client’s incarceration when he was committed on the violation of probation. Nuno Pro Tune is a Latin phrase, meaning “now for then”. The effect of this procedure caused the defendant’s sentence to be imposed retroactively.
Result: Defendant receives no additional jail time upon resolving his case and receives a sentence to be served concurrent with the sentence he was presently serving