October 19, 2011

• Steven Topazio wrote this April 27, 2014 at 1:30 pm

The Client, a 20 year old, had been arrested on two separate cases, each alleging possession of marijuana with intent to distribute, and the second arrest including a school zone charge, which carries a minimum mandatory 2 year jail sentence. The client was arrested while drinking beer in a park with at least 10 other individuals, when police located a plastic sandwich bag under the table where the client was sitting. The sandwich bag contained multiple smaller bags of equal amounts of marijuana. Attorney Topazio utilized the services of his private investigator to determine the proximity of his client as well as the other 10 individuals with the plastic sandwich bag containing the smaller individually wrapped bags of marijuana. Attorney Topazio argued that the amount of marijuana was consistent with personal use and that since Massachusetts decriminalized (but did not legalize) possession of one ounce or less of marihuana, that his client, at the worst, might only be responsible for a civil fine for the marijuana possession. Today, Attorney Topazio convinced the commonwealth to dismiss the school zone charge and to reduce the possession with intent to distribute charges to simple possession upon a change of plea to possession only, and the court agreed.