Case Study: Successful Defense of Drug Distribution and Possession with intent to Distribute Charges

• Steven Topazio wrote this November 6, 2023 at 4:32 pm

Introduction:

Attorney Steven J. Topazio recently represented a client who was facing serious legal trouble, having been arrested for distributing marijuana and possession with intent to distribute marijuana, a Class D substance, in violation of Massachusetts General Laws Chapter 94C, Section 32C(a). The case hinged on a series of events observed by police officers, who believed that they had witnessed a drug distribution operation involving the client and another individual. Attorney Topazio’s effective defense strategy and persuasive skills ultimately led to a favorable outcome for his client, as the prosecutor dismissed the distribution charge and reduced the possession with intent to distribute charge to a lesser charge of mere possession of marijuana.

Case Details:

The client’s legal troubles began when police officers observed him displaying a large plastic Ziploc bag filled with what they believed to be marijuana to a substantial group of people. The officers further witnessed a sequence of events that appeared to support their belief in the client’s involvement in a drug distribution operation. First, they observed a second individual approach a third person and engage in a quick handshake. Subsequently, the third individual handed an undisclosed amount of US currency to the second individual. The second individual then approached Attorney Topazio’s client and exchanged the US currency for a loose amount of marijuana from the Ziploc bag. The second individual then moved on to the third individual. The officers formed the opinion that the client and the second individual were working together in concert to distribute marijuana. The police, based on these observations, arrested the client. They seized money and the loose marijuana from the large Ziploc bag.

Defense Strategy:

Criminal Defense Attorney Steven J. Topazio approached this case with a strong defense strategy, challenging the prosecution’s narrative and working to secure the best possible outcome for his client. He argued that the evidence presented by the prosecution was more indicative of simple possession rather than intent to distribute.

Key elements of Attorney Topazio’s defense included:

1. Analogous to Possession: Attorney Topazio persuasively argued that the client’s actions were more analogous to the possession of marijuana, emphasizing that the marijuana was loose within a bag and not individually wrapped for resale. This undermined the prosecution’s claim of intent to distribute.

2. Challenging the Distribution Charge: Through skillful negotiation and effective advocacy, Attorney Topazio was able to convince the prosecutor to dismiss the more serious distribution charge, acknowledging the lack of compelling evidence to support it.

Outcome:

Thanks to Boston Attorney Steven J. Topazio’s diligent efforts and strategic defense, the client’s case was resolved with a favorable outcome. The distribution of marijuana charge was dismissed entirely, and the possession with intent to distribute charge was reduced to a lesser charge of mere possession of marijuana. This case serves as a testament to Attorney Topazio’s legal expertise and his commitment to securing the best possible results for his clients.