June 4, 2014
- Steven Topazio wrote this May 7, 2015 at 11:55 am
The client, a 49 year old laborer, hired Attorney Topazio after he was arrested by Saugus and State Police when 23 pounds of marijuana were recovered in 3 packages that were shipped to his home from California, and charged with Possession with intent to distribute Class D Marijuana, Subsequent Offense. According to the police, authorities were alerted to the shipments after a Postal Inspectors, who routinely reviews Express Mail parcels and receipts to detect individuals using the mails to illegally transport controlled substances and proceeds from the sale of controlled substances, became suspicious of several packages addressed to the client. During the course of the investigation, the United States Customs and Border Protection Officer and his canine dog were called in to analyze three packages to be delivered to the client. The K-9 sniffed the packages which the Postal Inspector believed contained narcotics, and gave a positive alert, confirming the Inspector’s suspicions. The K-9 alert was used to establish probable cause to obtain a Search Warrant to seize the packages that were ultimately delivered to the client. Attorney Topazio challenged the search warrant as well as the controlled delivery of the packages to the client. Because the client had previously been convicted of this offense, he was facing enhanced punishment for the subsequent offence which included a term of imprisonment in a jail or house of correction for not less than one nor more than two and one-half years. Attorney Topazio moved the case to trial after rejecting the Commonwealth’s offer of a 2 year committed sentence. Prior to trial, Attorney Topazio persuaded the Court to offer his client a lessor committed sentence of 15 months, but still rejected the offer and prepared the case for trial. Today, on the day of trial, despite the overwhelming evidence against his client, Attorney Topazio persuaded the Commonwealth to reduce the charge against his client to a first offense upon serving a 9 month committed sentence, and the client agreed to the reduced sentence.