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Steven John Topazio
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Steven Topazio’s Answers

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  • What is the fine for driving around with out license plates and fine for bad ones

    i need to know how much is the fines or what will they do if my car is insured and regestured but the rmv said i have plates already but i dont have them and i need replacement ones so how can i get them and how much fine is it drive around with o...

    Steven’s Answer

    Don’t drive with someone else’s plates. Attaching plates is a crime and you will end up in court. If your plates were lost or stolen, go to a Registry of Motor Vehicles and report that fact and request replacement plates. Replacement plates can be obtained for a small fee. Go to a full service RMV office when you request license plate replacements. You will be given temporary plates until the replacement plates arrive. 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

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

    but they are trying to get him to plee out for 2 1/2 years. I am trying to figure out if there are still minimum mandatory sentences?

    Steven’s Answer

    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 Superior Court, depending on how charged. Your boyfriend should have legal representation and my advice to you is to tell him to hire an experienced criminal defense attorney. 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

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  • What can happen when u get pulled over for driving an unregistered and uninspected car with attached plates?

    Recently got stopped by a statey in Holyoke ma for driving a unregistered uninspected car with attached plates . The only good this is I do have the car under insurance and this is my first offence. The cop told me I would get a letter in the mail...

    Steven’s Answer

    The letter you will get in the mail will be a summons for an arraignment. Attaching Plates is a violation of M.G.L. c. 90 § 23 and punishable by a fine of not more than one hundred dollars or by imprisonment for not more than ten days, or both. Operating an unregistered motor vehicle is a violation of M.G.L. c. 90 § 9 and if convicted you can be punished by a fine of not more than one hundred dollars for the first offense and not more than one thousand dollars for any subsequent offense. No inspection sticker is a violation of 730 CMR § 7.08(26) which subjects you to a civil fine. My advice to you is to get your vehicle registered and inspected and then bring proof to court and show your proofs to the prosecutor at your arraignment. Since these are only minor motor vehicle violations, the prosecutor’s interest in your case should be focused on bringing you into compliance with the law and if he sees that you have inspected and registered you vehicle then he will probably make a recommendation to the court to dismiss your case on court costs. 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

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  • I got a court summons for larceny over $250 conspiracy. The report says I didn't take person I was with did. Do I need a lawyer

    I've never been arrested. The police report states that the person I was with took the item. But they got my lic plate from the store parking lot camera. Neither 1 of us was arrested, just i received a court summons to appear in court. They want t...

    Steven’s Answer

    Do not underestimate the severity of the situation that you are in. You can be charged criminally in this case even if you didn’t take the items on a theory of joint venture. A person can be considered a joint venturer as long as that person actually associated herself with the criminal venture and assisted in making it a success by aiding, assisting or encouraging the crime. I suggest that you consult with and hire a good Criminal Defense Attorney who can evaluate your 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

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  • Outstanding money warrant for past due lawyer fees.

    My fiance has an outstanding money order out of Gloucester for an issue that happened a couple years back. He's had past extensions on this issue and was currently in an Adult Rehabilitation Program until yesterday. He didn't graduate the program ...

    Steven’s Answer

    My advice to you is to have your boyfriend contact his probation officer today and sign up for community service to satisfy this long overdue unpaid debt and try to do some community service hours before court on Thursday. Your boyfriend should have legal representation because a judge may conclude that your boyfriend has not made a good faith effort in the past two years regarding his obligation to the court. A judge may set an example for the rest of the court and take your boyfriend into custody to work off the unpaid obligation considering the age of the debt, lack of progress, past extensions and the new probation violation for being terminated from rehabilitation program. Hire an attorney. 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

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  • Can I use a paxil defense to plead temporary insanity? Can I file a civil claim?

    Several months ago I was prescribed paxil. My reaction was adverse: hostility, aggression, disorientation, crying, worsening depression. I got into some trouble and now face a felony charge. I stopped the paxil after five days.

    Steven’s Answer

    It is impossible to answer your question without knowing what you are charged with and the circumstances of your case. Be advised that this is an open forum and you should not discuss the circumstances of your case on line as police and prosecutors frequently monitor this site. My advice is to consult with a Criminal Defense Lawyer about your case and your interest in pursuing this medication defense. With that being said, I understand that Paxil is an anti-depressant medication which would suggest that if prescribed you have been diagnosed with some form of mental illness. The fact that you were on Paxil then might be a basis for an insanity or diminished capacity defense, rather than an excuse for committing the crime. What I mean is that this prescription drug may have interfered with your ability to form the requisite mental intent necessary to commit a specific intent crime by interfering with your ability to form the requisite mental intent required by statute. Specific intent is usually interpreted to mean intentionally or knowingly. General-intent crimes require only a showing that the defendant intended to do the act prohibited by law, not that the defendant intended the precise harm or the precise result that occurred. This potential defense would likely require expert testimony. Remember, many defendants are convicted or plead guilty to crimes they commit every day despite the fact that the medications they were on, including Paxil, may have influenced their actions.

    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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  • Can i get arrested on the spot at a interview if i have a warrant

    I have a warrant for a default on a probation violation i have a interview comin up will i get arrested if i go i plan to turn myself in when i get a job seein as all they want is a clean urine which i am clean and money

    Steven’s Answer

    My advice to you is to consult with an attorney and clear up this arrest warrant, and then look for a job. Ignoring the warrant but going on job interviews is like putting the proverbial “cart before the horse”. You might not necessarily get arrested on any job interview you go on unless of course you are stopped by the police or law enforcement on the way, but why take this risk? Be advised that you even risk losing any prospective job you eventually do land because when you finally go to court to clear up the warrant your failure to report to probation and your delay in addressing the warrant because of you job search may influence a judge’s decision as to whether release you on bail or hold you on a probation detainer pending your final surrender hearing.

    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 
  • Need I worry about canadian radar/camera citation?

    Over a year ago, after returning from a ski trip in Quebec, I received a packet from the Montreal police, mostly in French, that included a photo of my rear license plate and Radar reading of 70 in a 55. The letter instructed me to sign and return...

    Steven’s Answer

    I am sure the Canadian authorities still have the photo of your rear license plate on file and have identified you as the owner of the license plate by tracing your plate through our Registry of Motor Vehicles. The fact you received a letter from Quebec indicates that you may be at risk if you travel again through Canada. Don't gamble with international travel. Take care of the ticket.

    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 
  • CAN SOMEONE BE CONVICTED OF A DUI IF THEY AGREED TO A BREATHALIZER BUT ONE WAS NOT DONE

    WRITTEN PAPER SIGNED, BUT NO BREATHALIZER DONE, SOBRIETY IN FIELD

    Steven’s Answer

    Not all OUI convictions are obtained with Breathalyzer test results. You can still be convicted of drunk driving even if you did not take the Breathalyzer. It is impossible to evaluate your case without more facts or before reviewing the evidence the Commonwealth has against you. Usually no Breathalyzer test results improve your chances at obtaining an acquittal. Do not be too upset because you were not tested. Positive Breathalyzer test results are usually quite damaging in an OUI case and are the reason many criminal defense attorneys attack the results of the breath test analysis. If you believed you would have passed the breath test, you should have considered undergoing an independent blood test. If you contact my office I would be happy to evaluate your 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 
  • Do any probation departments in mass use etg testing for alchohol my probation dept uses an outside lab and charges 15.00 for ea

    i have read the occ manual and all they specify is breathlyzer tests what can probation be testing for that cost 15.00 this is a new policy they used to do it in house for free

    Steven’s Answer

    From your question it is hard to determine the terms of your probation however it sounds like you are required to submit to random drug screens and remain drug and alcohol free. With that being said, I would not advise wanting to submit to EtG urine tests. The EtG test, (Ethyl Glucuronide) test, is not a reliable test because it is prone to false positive results. The reason for the false positives is that the EtG test is too sensitive and cannot distinguish between actual alcohol consumption and exposure to small amounts of alcohol that may enter your system by ways other than by drinking alcohol. Some energy drinks like Monster for example have been found to contain ethanol; some mouthwashes contain ethanol, ethanol can be absorbed into the body through hand sanitizer; some foods we eat such as pizza produce ethanol because of the yeast content. The problem with the EtG test is that it is not as reliable and accurate as an evidentiary breathalyzer test and you don’t want some judge to violate your probation and send you to jail because of a false positive.

    False positives are also a common problem with the interlock device that is required to be installed in repeat convicted drunk drivers’ motor vehicles. Like the EtG test, the interlock is nowhere as accurate as a breathalyzer. The interlock is not an evidentiary breath test instrument and is also prone to false positive readings like the EtG test. The interlock however is used by our Registry of Motor Vehicles primarily as an ignition lock out device. The problem with the interlock however is that it is also the same test relied upon by the Registry to suspend your license for 10 years. Believe me nobody wants to lose their license for 10 years because of a false positive.

    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