September 16, 2009

• Steven Topazio wrote this April 27, 2014 at 9:29 am

The defendant, who had flown to the United States from the Dominican Republic, appeared to Customs Officials to have ingested narcotics, was arrested as a drug courier when she arrived at Logan International Airport. Massachusetts State Police were called and learned that the defendant had been on a 24 hour watch list based on federal investigative information regarding the defendant possibly being a drug courier. When the defendant disembarked from her flight she was deferred to a secondary inspection station. During the secondary inspection, customs Enforcement asked the defendant several questions eliciting responses that gave rise to further suspicion of the defendant. The defendant, who appeared lethargic, was presented with a Spanish consent form regarding the use of an X-Ray in which she voluntarily signed, as officials feared that ingested narcotics had entered her bloodstream. The defendant was transferred to a local hospital where it was discovered that the defendant had ingested several items consistent with drug smuggling. Over the course of three days, the defendant passed 53 pellets containing cocaine weighing approximately 530 grams through her alimentary canal. The defendant hired Attorney Topazio to defend her. Trafficking over 200 grams of cocaine carries a punishment of a term of imprisonment in the state prison for not less than fifteen nor more than twenty years. According to statute, no sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of fifteen years and a fine of not less than fifty thousand nor more than five hundred thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment. After months of investigation and negotiations, Attorney Topazio persuaded the District Attorney to reduce the charges against his client upon a change of plea whereby his client would plea to trafficking in cocaine over 14 grams but less than twenty-eight grams and receive a sentence of 5 to 7 years incarcerated with a three year mandatory. Trafficking over Fourteen grams or more but less than twenty-eight grams, carries a punishment of a term of imprisonment in the state prison for not less than three nor more than fifteen years. According to the term of this lesser offense no sentence imposed under the provisions of this clause shall be for less than a minimum term of imprisonment of three years, and a fine of not less than two thousand five hundred nor more than twenty-five thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment. Today, despite the strength of the Commonwealth’s case, Attorney Topazio negotiated a plea bargain with the District Attorney resulting in a triple breakdown of the trafficking offense thus avoiding a fifteen year mandatory jail term.