August 10, 2009  - Attorney Steven J. Topazio
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August 10, 2009

The defendant was summonsed to Court to answer to a charge of shoplifting after she took the tags off merchandise from Saks Fifth Avenue in Boston totaling $593.00 and attempted to leave the store without paying. The defendant who was not a citizen, and faced the possibility of deportation, denial of naturalization or exclusion from the United States, hired Attorney Topazio. Despite the summons on a charge of shoplifting, the Commonwealth upgraded the charges to felony larceny. Whoever steals, or with intent to defraud obtains by a false pretence, or whoever unlawfully, and with intent to steal or embezzle, converts, or secretes with intent to convert, the property of another as defined whether such property is or is not in his possession at the time of such conversion or secreting, shall be guilty of larceny, and if the value of the property stolen exceeds two hundred and fifty dollars, be punished by imprisonment in the state prison for not more than five years, or by a fine of not more than twenty-five thousand dollars and imprisonment in jail for not more than two years. Today, despite the Commonwealth’s upgrading the charges to the felony of larceny over $250.00, Attorney Topazio convinced the Magistrate not to issue the complaint against his client.