February 15, 2013

• Steven Topazio wrote this April 27, 2014 at 8:13 pm

The client, a 44 year old unemployed father of one, was arrested for trafficking over 14 grams of heroin and held on $50,000 bail. When arrested, the client had over 22 grams of heroin on his person as well as over $4100.00, initially hired a private attorney to represent him. As a result of the case languishing in Superior Court for several months with little progress, the client discharged his attorney and hired Boston Criminal Attorney Steven J. Topazio to defend him. Boston Criminal Lawyer Topazio met with his client and developed a case strategy. Discovery motions were filed as well as motions to suppress evidence. The client wanted to avoid trial as well as a potential 5 year mandatory jail sentence. Trafficking over 14 grams of heroin carries a mandatory sentence of 5 to 20 years in state prison. The statute reads “Fourteen grams or more but less than twenty-eight grams, be punished by a term of imprisonment in the state prison for not less than five nor more than twenty years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of five years and a fine of not less than five thousand nor more than fifty thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.” Today, after months of intense negotiation, Attorney Topazio was able to persuade that Assistant District Attorney to reduce the charges against his client from trafficking to possession with intent to distribute heroin, (a non-mandatory crime) and to plea him to a split sentence of 18 months to the house of correction, 328 days to serve, deemed served, with the balance suspended for 18 months on the condition that he remain drug and alcohol free and submit to random urines, and the court agreed.