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Steven John Topazio
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Steven Topazio’s Answers

93 total


  • Expunge

    How do you go about getting a dismissed case expunged from your record ?

    Steven’s Answer

    Massachusetts law has changed over the years regarding the possibilities and procedures of the expungements (erasing) and sealing of criminal records. A motion to expunge a criminal record is a motion to essentially erase the fact that criminal charges were ever even brought in the matter. Its specific purpose is to redress a glaring injustice done to a defendant, when it appears from all the evidence introduced, that the defendant never should have been charged by the Commonwealth in the first place. Expungements or totally erasing any sign of a criminal matter is not generally possible in the Commonwealth due to a recent Supreme Judicial Court ruling which held judges cannot expunge criminal records but rather can seal records in conformity with G. L. c. 276, § 100C.

    Attorney Steven J. Topazio
    10 Winthrop Square, Suite 4100
    Boston, MA 02110
    617-422-5803
    Email: stopazio@topaziolaw.com
    Web: www.topaziolaw.com
    www.1bostoncriminallawyer.com

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

    The events are non work related and there was no injury .

    Steven’s Answer

    • Selected as best answer

    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 the public health, safety or welfare of the public and as a result the Board could conclude that you cannot provide competent nursing care and will suspend your license. Hire an attorney.

    Attorney Steven J. Topazio
    10 Winthrop Square, Suite 4100
    Boston, MA 02110
    617-422-5803
    Email: stopazio@topaziolaw.com
    Web: www.topaziolaw.com
    www.1bostoncriminallawyer.com.

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  • I wanted to know if your found guilty of a crime can it be sealed.

    i have a larceny and a annoying phone calls

    Steven’s Answer

    If you are convicted of “larceny under $250” (a misdemeanor) the charge can be sealed after 5 years with a petition to the Commissioner of Probation. If you are convicted of “larceny over $250” (a felony, the charge can be sealed after 10 years also with a petition to the Commissioner of Probation. In both cases you must also stay out of trouble and have no further criminal entries appear on your CORI. If you received a continuance without a finding on either the misdemeanor or felony larceny charge, and you successfully complete probation and your case ends in a dismissal, you can immediately petition the court to seal your record without having to wait the time prescribed by statute.

    Attorney Steven J. Topazio
    10 Winthrop Square, Suite 4100
    Boston, MA 02110
    617-422-5803
    Email: stopazio@topaziolaw.com
    Web: www.topaziolaw.com
    www.1bostoncriminallawyer.com

    See question 
  • If two people was accused of shoplifting a product of $103 and both have to pay civil demand law of $500 each can they do that?

    me and a friend got accused of stealing from macy's and the product was $103 but it was just a misunderstanding between the two of us they are having me and him pay a civil demand law of $500 each but the product was given back to them they let us...

    Steven’s Answer

    Massachusetts General. Law c 231 § 85R ½ gives a merchant the right to file a civil action for the recovery of damages for larceny or attempted larceny. If caught shoplifting, the merchant will notify you of its intent to seek damages by sending you a CIVIL DEMAND LETTER. This civil claim is separate from, and in addition to, any criminal action that might be prosecuted. According to statute, anyone stealing or attempting to steal merchandise shall be liable in tort to the merchant for damages for not less than fifty nor more than five hundred dollars in addition to any actual damages incurred. You are not obligated to pay the civil demand unless and until the merchant sues you in court (usually small claims court) and then not until it wins a judgment against you. Since you are not obligated to pay the civil demand don’t pay it. Also, paying the civil demand will not prevent the merchant filing an application for criminal complaint. When accused of shoplifting, consult with an attorney.

    Attorney Steven J. Topazio
    10 Winthrop Square, Suite 4100
    Boston, MA 02110
    617-422-5803
    Email: stopazio@topaziolaw.com
    Web: www.topaziolaw.com
    www.1bostoncriminallawyer.com

    See question 
  • Is Open Container ( 90 - 24I ) in Massachusetts a criminal or civil infraction ?

    Was pulled over by an officer for having a headlight out , and he spotted an open beer can in my car . He also found that my license was expired ( by 10 days ) . He had my car towed , and gave me a citation for the headlight ( 90 - 7 ) , ...

    Steven’s Answer

    Operating with an open container is a criminal offense in Massachusetts. MGL c. 90 section 24I carries a punishment of a fine of not less than $100 nor more than $500. Operating with an expired license is also a criminal offense. The headlight violation, defective equipment, is a civil violation. Requesting a Magistrate Hearing will prevent a criminal complaint from automatically issuing and will give you a chance to resolve this matter at the Magistrate level.

    Attorney Steven J. Topazio
    10 Winthrop Square, Suite 4100
    Boston, MA 02110
    617-422-5803
    Email: stopazio@topaziolaw.com
    Web: www.topaziolaw.com
    www.1bostoncriminallawyer.com

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  • 1. How to records sealed 1. If records are sealed what shows up for employment CORI? Does it state "record sealed"

    Age 57 - unemployed looking for work In recovery 14 years DUI Conviction MA 1998 DUI Conviction MA 1988

    Steven’s Answer

    Provided you have had no criminal activity on your Cori within the last 5 years, you can seal these two DUI convictions with a Petition to Seal filed directly with the Commissioner of Probation. You do not have to appear in court. Your record will be sealed automatically and if asked you can honestly tell any employer that you have no criminal record. Be advised that law enforcement and the courts will still be able to view your record even if it is sealed and if you are arrested for DUI again, it will be your third offense despite the fact that your CORI was sealed.

    Attorney Steven J. Topazio
    10 Winthrop Square, Suite 4100
    Boston, MA 02110
    617-422-5803
    Email: stopazio@topaziolaw.com
    Web: www.topaziolaw.com
    www.1bostoncriminallawyer.com

    See question 
  • Mi at my last month of probation for DUI and didn't know it was the last month of probation and i forgot to pay the 600 dollar

    600 dollar state fines i forgot to pay them at the end of my probation. i can pay it at my court date or before

    Steven’s Answer

    Fines are a part of your obligation to probation and if you do not pay them or work them off through community service hours prior to the end of your probation, you will risk violating your probation. If you have the ability to pay the balance of the money you owe the court in full then it is my advice that you pay the balance prior to the end of your probation. Check with your attorney to see if your appearance from court has been waived on the last day of your probation if you are in full compliance. If you wait until the last day of your probation to pay whatever moneys are due to the court, then you must appear in in person to either make payment or ask for an extension. Good luck.

    Attorney Steven J. Topazio
    10 Winthrop Square, Suite 4100
    Boston, MA 02110
    617-422-5803
    Email: stopazio@topaziolaw.com
    Web: www.topaziolaw.com
    www.1bostoncriminallawyer.com

    See question 
  • I was in a car accident, They are charging me with DUI. They never gave me a breathalizer, a sobriety test, or a blood test

    I have two previous DUI's but I have been sober since 2009. I recently fainted at my daughter's house two day prior to the accident but didn't think too much about it. I am on metoprolol and then I was put on mini-press and paxil for anxiety and...

    Steven’s Answer

    You were probably charged with DUI drugs if you were not offered any field sobriety or a breath test. This sounds like a very difficult case for any prosecutor to prove without a blood sample from you (to identify what was in your system) or the involvement of a drug recognition expert (DRE) to assist the prosecutor. When an officer does not detect alcohol but rather suspects drugs contributed to what he believed was the cause of a suspect’s intoxication, they sometimes call a DRE to investigate and assist them in obtaining evidence of drug intoxication. Without a sample of your blood so as to determine if you were under the influence of drugs, there is no way the police officer will be able to testify whether the impairment he observed was related to drugs or some medical condition (stroke, epilepsy, multiple sclerosis, untreated diabetes and others that mimic drug impairment). My advice is to you is to hire an experienced criminal defense attorney who can evaluate your case and properly help you as it appears that you have a very winnable case.

    Attorney Steven J. Topazio
    10 Winthrop Square, Suite 4100
    Boston, MA 02110
    617-422-5803
    Email: stopazio@topaziolaw.com
    Web: www.topaziolaw.com
    www.1bostoncriminallawyer.com

    See question 
  • Is is affect your cori if ur employer check when you are processing sealed ur nonconviction dismeneour case?

    My case is nonconviction misdeminour case, i want to seal it this monday, and i know it take 7 days for sealing my case at course, after that i will have one or 2 hearings. But my currently employer is seeking my cori check now, it take 2 week fro...

    Steven’s Answer

    It sounds like you have done a lot of work already to seal your record. If you already petitioned the court to seal your record, and the court has posted your petition, my advice to you is to show up on the next scheduled court date where you will get the opportunity to ask a judge to seal your record. A judge may ask you what compelling governmental interest is being affected by your CORI and you can tell her it is your ability to obtain employment. Do not give a copy of your CORI to the person you will interview with for employment.

    Attorney Steven J. Topazio
    10 Winthrop Square, Suite 4100
    Boston, MA 02110
    617-422-5803
    Email: stopazio@topaziolaw.com
    Web: www.topaziolaw.com
    www.1bostoncriminallawyer.com

    See question 
  • Pre booker analysis

    What is pre booker analysis when a attorney refers to it ? Ex: probation is appropriate under pre booker departure analysis ?

    Steven’s Answer

    The case of United States v. Booker was a 2004 case dealing with criminal sentencing. The court held that the maximum sentence a judge may impose, within the Federal Sentencing guidelines, is a sentence based upon cases only where a defendant admitted to the charges or where a defendant was found guilty by a jury.

    Attorney Steven J. Topazio
    10 Winthrop Square, Suite 4100
    Boston, MA 02110
    617-422-5803
    Email: stopazio@topaziolaw.com
    Web: www.topaziolaw.com
    www.1bostoncriminallawyer.com

    See question