January 16, 2009

• Steven Topazio wrote this April 26, 2014 at 6:14 pm

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 The defendant’s probation was revoked on account of the new arrest and he was committed for one year to the House of Correction, hired Attorney Topazio. Attorney Topazio moved to suppress the drugs found on the defendant. Cognizant of the fact that his client was serving a sentence, Attorney 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.