August 11, 2014

• Steven Topazio wrote this May 10, 2015 at 1:10 pm

The client, a 37 year old IT specialist, hired Boston Criminal Defense Lawyer Steven J. Topazio after he was arrested following a sting operation and charged with possession with intent to distribute Class B cocaine and sexual conduct for a fee.  Attorney Topazio discovered that his client had contacted Craigslist advertisement allegedly placed from a young woman offering to trade sexual favors from someone who could provide drugs to party with.  The advertisement however was placed by a Boston Police Officer working in an undercover capacity.  The police report indicated that the client conveyed his intent to engage in sex for drugs with the undercover officer through several mediums, including internet, text messages, and voice calls.  The client further presented himself at the agreed upon location and was arrested and found to be in possession of cocaine.  Attorney Topazio challenged the indictment against his client arguing that it should be dismissed because his client was entrapped.  Attorney Topazio argued that his client was not a drug dealer but driven rather by lust.  Entrapment occurs when a person who had no previous intention to violate the law is persuaded to commit a crime by an officer of the government.  The rule against entrapment is part of the law in Massachusetts because the function of law enforcement is to prevent crime and to apprehend criminals.  It is not the Commonwealth’s function to have its officers investigate crime by implanting criminal ideas in innocent minds so as to bring about offenses that otherwise would never occur. Attorney Topazio was able to persuade the prosecutor to dismiss the possession with intent to distribute cocaine charge and the client agreed to accept a continuance without a finding “CWOF” for 6 months on the sex for fee charge, with the result that if the client remains out of trouble the charge will end in a dismissal.