Steven John Topazio’s Answers

Steven John Topazio

Boston Criminal Defense Attorney.

Contributor Level 11
  1. What can be considered reasonable cause to be pulled over for Dui if no moving violation was committed

    Answered about 2 years ago.

    1. Ilir Kavaja
    2. Steven John Topazio
    3. Terri D. Leary
    4. Joseph M. Pacella
    4 lawyer answers

    You may not like this answer but a “tip” to a police officer (which led to your friend’s OUI arrest) may or may not be sufficient to conduct a threshold inquiry; it all depends on the facts and circumstances surrounding the “tip”. The first thing your friend should do is hire a Criminal Defense Lawyer who will know how to challenge this OUI arrest. The issue you raise is quite complicated and I cannot properly answer your question without more information. Nevertheless, this case sounds like...

    7 lawyers agreed with this answer

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  2. What would be the best way of going about getting my speeding ticket dismissed in MA?

    Answered about 2 years ago.

    1. Steven John Topazio
    2. Terri D. Leary
    3. Dominic L. Pang
    3 lawyer answers

    It sounds like the Trooper cut you a huge break. Being found with less than one ounce of marijuana, although not criminal, is illegal and a civil infraction where you could be fined $100.00. Additionally, since you are under the age of 21 and transporting beer, the officer could have arrested you as a minor transporting alcohol, as well as charging you with violating the open container law, not to mention accusing you of drunk driving. Since you are under the age of 21, you would face...

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  3. Does a conviction of assault & battery result in the loss of a nursing license or a certified nursing assist. certificate?

    Answered almost 2 years ago.

    1. Steven John Topazio
    2. Ilir Kavaja
    3. William Peter Daley
    3 lawyer answers

    Do not take this situation lightly as a criminal conviction can result in your license being suspended. Depending on the offense, you could be temporally or permanently excluded from practicing nursing. According to the Board of Registration in Nursing, which regulates your license, you must establish that you have “good moral character” for the Board to find that you are safe and competent to practice nursing. A criminal conviction however, establishes that your character poses a risk to...

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  4. My boyfriend got arrested for class b poss. with intent. it is his second subsequent offense, evidence is missing for the 1st.

    Answered almost 2 years ago.

    1. Steven John Topazio
    2. Henry Lebensbaum
    3. Austin J Freeley
    4. Robert D Lewin
    5. Michael L. Tumposky
    6. ···
    6 lawyer answers

    Your boyfriend shouldn’t consider tendering a plea before he knows the strengths and weaknesses of his case, his defenses, and whether those charges can be proven by the Commonwealth. There is no District Court jurisdiction to the offense of possession with intent to Distribute Class B, subsequent offense. The subsequent offense aspect of the charge makes this a Superior Court offense. Should your boyfriend be indicted, this offense could carry a one year mandatory jail sentence in the...

    4 lawyers agreed with this answer

  5. If a police don't have any evidence what so ever and a other person said didn' have nothing to do with at all

    Answered about 2 years ago.

    1. Steven John Topazio
    2. Ilir Kavaja
    2 lawyer answers

    What you believe the evidence to be and what the police believe the evidence to be at times are two different things. That is the reason the police are focusing on you right now. Don't fall into the trap of relying on the so called "I didn't do it defense". That defense never works. If it did work then nobody would ever go to jail. All you would have to do is say "I didn't do it" and you would be acquitted. If you are the focus of a criminal investigation get yourself a criminal defense...

    4 lawyers agreed with this answer

  6. Probation violation due to failure to pay restitution...What to expect?

    Answered about 2 years ago.

    1. Steven John Topazio
    2. Lauren Craig Redmond
    3. Terri D. Leary
    3 lawyer answers

    As you know, probation is a type of punishment that may be ordered by a court as an alternative to incarceration. It involves the threat of future action if a person does not act according to the will of the court. If a Court finds a violation of your probation contract, you are subjected to being re-sentenced which could result in your incarceration. Coming into court with money in your pocket however, is exactly what you should do to have any chance of avoiding your recognizance...

    4 lawyers agreed with this answer

  7. Will my bail increase?

    Answered over 2 years ago.

    1. Lauren Craig Redmond
    2. Keith G Langer
    3. Henry Lebensbaum
    4. Steven John Topazio
    5. Brian C. Pascale
    5 lawyer answers

    If your case is moved to Superior Court then the prosecution has the opportunity to argue for an increase in bail if he believes the District Court bail is not adequate to insure your return to court. Many factors are looked at when considering bail questions. Likewise, also depending on these same consideratons, your attorney can argue for a decrease in bail. Generally speaking though, unless there is an agreement to the contrary or developments in your case, the bail that was set in the...

    4 lawyers agreed with this answer

  8. Question about dispositions on juvenile record.

    Answered over 1 year ago.

    1. Steven John Topazio
    2. Dominic L. Pang
    3. David C. Newton
    3 lawyer answers

    A court may file a case, either before a change of plea or after a guilty verdict or finding without imposing a sentence if the defendant and the Commonwealth both consent. Explicit events might trigger the removal of a case from the file during the specified time frame. Filing a charge provides flexibility to judges, prosecutors and defendants. The practice of filing charges was reviewed by the Supreme Judicial Court in 2007 in the case of Commonwealth v. Simmons, 448 Mass. 687, which...

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  9. How do I go about finding a lawyer that has worked in the Chelsea, MA District court and is familiar with their judges?

    Answered about 2 years ago.

    1. Steven John Topazio
    2. John Brooks Seed
    2 lawyer answers

    Finding the right lawyer to represent you is critical. I consider myself a Boston Criminal Defense Lawyer but I appear in the Chelsea District Court on a regular basis. To find a lawyer who is familiar with Chelsea District Court and the court personnel there, you can start by searching the internet and then calling and interviewing lawyers that might appeal to you. If you visit my web page at www.topaziolaw.com you can review my “Recent Cases” section and see the results that I obtained in...

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  10. Once my record is sealed how long does it take until its appears on my CORI,also can a potential employer tell its been sealed

    Answered about 2 years ago.

    1. Steven John Topazio
    2. Joseph M. Pacella
    2 lawyer answers

    Once your record is sealed, your CORI should be updated immediately by the probation department. There is no legal reason not to have your criminal record sealed so, if you can do it, sealing your record is nearly always a good idea. Most people will benefit from sealing convictions under §100A, or by sealing records of dismissed cases, acquittals, nolle prosequi cases, and cases where no probable cause was found, under G.L. c. 276, §100C. If your record is sealed and you apply for most jobs...

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