July 07, 2011

• Steven Topazio wrote this April 27, 2014 at 12:20 pm

The defendant, a disabled American Veteran, was accused of stealing a piece of luggage at Logan Airport. When confronted by police, the defendant began to yell that it was his bag and that he had no identification when same was demanded. The Trooper again questioned him about the bag, and it was alleged that the defendant began shoving the Trooper and lunging his shoulder into his chest, was arrested, hired Attorney Topazio after being in default for several months. Attorney Topazio initially appeared in court and removed the default warrant without the defendant being held. Attorney Topazio next met with the Prosecuting Attorney and provided documentation about his client’s service in the Air Force and the circumstances of his disability. Attorney Topazio met with the Assistant District Attorney and pointed out that the bag in question did in fact belong to his client and that his client’s name was on the bag tag and computer print out. Attorney Topazio further pointed out that the Trooper created the situation which resulted in the arrest of his client. Today at a pre-trial hearing, Attorney Topazio argued for pre-trial probation as a way of resolving his client’s case. In the SJC case of Commonwealth v. Tim, T. a juvenile, 437 Mass. 592 (August 23, 2002), the court set clear limits on the use of pre-trial probation, stating that the procedures set forth in Brandano cannot be utilized to place a defendant on pre-trial probation over the Commonwealth’s objection. The Court noted that, standing alone c.276 §87 does not provide a method for disposing of a case. Only when §87 is used in conjunction with c. 278 §18 (which provides for a continuance without a finding upon an admission to sufficient facts) can §87 be used as a disposition. Today Attorney Topazio convinced the Assistant District Attorney to agree to give his client pre-trial probation, and the Court agreed.