July 10, 2014
- Steven Topazio wrote this May 7, 2015 at 10:08 pm
The client, a 34 year old father of two, hired Boston Criminal Defense Lawyer Steven J. Topazio after he was arrested and charged with carrying a loaded firearm without a license. Attorney Topazio was the second attorney on the case after prior counsel was unable to negotiate a favorable resolution for the client. According to the police report, Boston Police were called to the home of the client’s girlfriend for an alleged domestic violation. The client allegedly threatened his girlfriend’s father and was thereafter arrested on an outstanding arrest warrant when he was found to be in possession of a Phoenix Arms .25 caliber semi-automatic firearm. According to the police report, when officers were removing the client from the residence, they ran a warrant check on him from their MDT and discovered that there was an outstanding warrant issued on the Defendant, and he was arrested on that warrant. The police conducted a search incident to a lawful arrest and discovered the firearm with 5 rounds in the clip and one round in the chamber. The client was read his Miranda rights and then asked if he had a license to carry and the client refused to answer. Carrying a firearm is punishable by a sentence of not less than 18 months, nor more than 2 ½ years in the House of Correction, with the offense of carrying a loaded firearm, (with ammunition in the weapon or feeding device), as an enhanced penalty of not more than 2 ½ years in the House of correction, such sentence to run from and after the expiration of the sentence imposed for the underlying carrying charge. Attorney Topazio filed a motion to suppress the firearm and argued it before the court. Attorney Topazio was aware that the Commonwealth recommended a sentence of 2 years committed with two years’ probation suspended on the enhanced penalty charge from and after the 2 year committed sentence. Prior to trial, Attorney Topazio persuaded the prosecutor to dismiss the enhanced weapon charge on a change of plea whereby the client would serve the mandatory 18 month committed sentence instead of 2 years committed, and the court agreed.