June 6, 2014
- Steven Topazio wrote this May 7, 2015 at 7:08 pm
The client, a 29 year old with his GED, was represented by Boston Criminal Attorney Topazio after he was arrested and charged with Distribution of Class D, Marijuana by Boston Police for allegedly engaging in a drug transaction with another individual. According to the police report, officers observed two cars parked behind each other on Washington Street, in Boston, in which they indicated that the occupants were acting suspicious. The occupants of the first car were described as constantly looking around and appeared to police to be waiting for the arrival of someone. The client was observed exiting the second motor vehicle, and then walked up to the first motor vehicle, leaned in, where the police observed the parties manipulating unknown small items. The client then walked back to his motor vehicle. The police believed they witnessed a drug transaction and stopped the first motor vehicle to investigate further. The occupant of the first vehicle stated he obtained “weed” form the client. “Weed” is street terminology for marijuana. The occupant stated that the client did not take any money from him but that he gave the marijuana to him as a gift. Attorney Topazio challenged the stop of his client arguing that when police conduct a search of an automobile without first obtaining a search warrant, the Commonwealth bears the burden of proving “the existence of both probable cause to believe that the automobile contained contraband and of exigent circumstances to justify proceeding without a warrant.” Attorney Topazio argued that his client’s passing of a small non-criminal amount of marijuana to another for no remuneration as in this case constitutes social sharing of marijuana and is akin to simple possession, and does not constitute the facilitation of a drug transfer from seller to buyer that remains the hallmark of drug distribution. For this reason, Attorney Topazio argued that the social sharing of marijuana does not violate the distribution statute. Today on the day of trial, Attorney Topazio was successful in getting the case against his client dismissed.