April 02, 2010

• Steven Topazio wrote this April 27, 2014 at 10:10 am

The defendant, who was represented by Attorney Topazio, appeared in the Chelsea District Court for an arraignment for the charge of possessing crack cocaine. The case against the defendant was initially dismissed without prejudice at a Jury date because the Commonwealth did not have the drug certificate of analysis. Attorney Topazio objected to the arraignment because he alleged that the court papers indicated that after the initial dismissal the defendant must receive notice of a Clerk-Magistrate’s hearing pursuant to MGL c. 218, § 35A. Because the defendant had moved, notice to her of the Magistrate’s hearing was returned to the court and Attorney Topazio argued that it was thus ineffective. The Court agreed and the case was dismissed prior to arraignment thus preserving the Defendant’s record.