July 19, 2011

• Steven Topazio wrote this April 27, 2014 at 12:24 pm

The defendant, who had previously admitted to sufficient facts and received a CWOF to a drug offense for possession of a Class D substance and placed on probation in the Dedham District Court, was arrested on a possession of a Class B substance charge out of the Wrentham District Court while on that probation and faced a probation surrender, hired Attorney Topazio. Attorney Topazio was confronted with the dilemma at the initial probation surrender hearing in convincing the court not to detain his client pending the final surrender hearing. The probation officer was recommending detention which the court had indicated it was inclined to follow. Attorney Topazio argued that the police report on the underlying charge, the main basis of the violation, was the result of an unconstitutional stop. A further condition of his client’s probation was that he was to remain drug free, a factor that had yet to be determined but was of greater concern for the court. Attorney Topazio learned that upon his client’s arrest that the Wrentham Court had his client drug tested and that the test results would probably come back positive, an additional basis to surrender his client. Attorney Topazio realized that if his client were detained, that detention would cost him his liberty, job, and integrity. In lieu of continuing his client’s case for a Final Surrender Hearing, which was his client’s constitutional right, and risk detention, Attorney Topazio conferenced the case with the court and suggested that if his client’s probation were renewed, the CWOF not vacated, and his client not detained, that his client would waive the final surrender hearing and stipulate to a violation on the added condition that his client submit a substance abuse evaluation, and the court agreed. Guilty findings on any drug charges would have resulted in the collateral consequence of causing a license suspension, and expose his client to up to 2 ½ years’ incarceration. Today, Attorney Topazio persuaded his probation officer and the judge not to commit his client despite the subsequent drug offense, but to allow his Client to stipulate to a violation and to renew his probation to the original date, thus preserving the CWOF and his client’s driving privileges.