November 05, 2012

• Steven Topazio wrote this April 27, 2014 at 7:00 pm

The client, a 55 year old Realtor and mother of three, was arrested and held in custody after police were called to remove an intoxicated person from her hotel room. When the police arrived, the client was asleep in her room. The officer asked the client several times to pack her bags and find another place to stay. When the client refused to leave stating she paid for the room, she was arrested for trespass. The client was represented by Boston Criminal Defense Lawyer Steven J. Topazio. At the client’s scheduled arraignment, Attorney Topazio requested that his client not be arraigned do to the fact that he argued that the police lacked probable cause to arrest his client. Attorney Topazio argued that since his client was a paid guest, she had the lawful right to occupy the premises and could not be arrested for trespass even after being asked to leave. Massachusetts Criminal Defense Lawyer Topazio was successful in convincing the court to continue his client’s arraignment to research the matter. On the return date, Attorney Topazio asked the court to dismiss his client’s case prior to arraignment citing the fact that by statute, the trespass statute “shall not apply to tenants or occupants of residential premises who, having rightfully entered said premises at the commencement of the tenancy or occupancy, remain therein after such tenancy or occupancy has been or is alleged to have been terminated. The owner or landlord of said premises may recover possession thereof only through appropriate civil proceedings.” Today, the court granted Attorney Topazio’s Motion to dismiss.