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Steven John Topazio
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Steven Topazio’s Answers

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  • I was convicted of a DUI in New Hampshire seven years ago. Will the conviction appear on a FBI NCIC fingerprint check?

    I was at the time and continue to be a resident of Massachusetts. Massachusetts allows misdemeanors to be sealed after five years. It takes ten years for DUI to be sealed in NH. It is my understanding that the informational will first need to be s...

    Steven’s Answer

    Your New Hampshire DUI will appear in the NCIC data base if you were arrested because if arrested you would then have been booked and fingerprinted. The NCIC data base (National Crime Information Center) is a fingerprint supported database and is the United States' central database for tracking crime-related information. Despite living in Massachusetts, you have to apply New Hampshire law to seal a New Hampshire entry on your New Hampshire record. Your New Hampshire DUI will not appear on your Massachusetts CORI and Massachusetts law will not apply to sealing an offense that occurred in New Hampshire. Consult with a lawyer.

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

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  • Once the court ordered Capias for the defendant, isnt he supposed to be arrested?

    the defendant failed to show up at the court twice and now he has got the Capias order. i know its civil matter but isn' t he supposed to be arrested?

    Steven’s Answer

    A capias is a civil arrest warrant issued by the court usually to force a litigant to court who has failed to appear.

    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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  • Shoplifting Charges in NH, What can I do ?!?! HELP! Shoplifting from Kohl's.

    I am 18 and my friend and I got caught taking a pair of pants and three pairs of earrings out of Kolhs,the lost prevention officer called the police and took our picture and made us sign a document saying we wouldn't be allowed back in the store f...

    Steven’s Answer

    Consult with a criminal defense attorney licensed to practice law in New Hampshire where the offense allegedly occurred.

    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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  • If parole officer says 'you have no record of owing additional restitution' but you know you do, how should you proceed?

    Mandatory sentence was served (12 yrs) for attempted murder/police officer, with supervised probation afterwards and restitution to be paid. Restitution was taken out of prison pay during time incarcerated with a balance of about $2000 due at tim...

    Steven’s Answer

    • Selected as best answer

    The court docket is the official record of the case and will reflect the restitution order and is what controls upon any dispute. Don’t rely on the word of a parole officer. Since there is a balance due upon any review of his case your friend will not be able to prove he paid restitution in full and will be ordered to pay the balance and may even face possible incarceration. Have him check the docket and if it reflects restitution has been satisfied then he is ok, otherwise have him consult with an attorney to resolve the issue.

    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 had a CHINS when I was 12 for truancy problems, is that on my criminal record?

    The CHINS was placed on me by my school. It was later dropped after the 6 month period, because a doctor linked the absences to school anxiety caused by childhood trauma. I served the time of the school CHINS and never saw the inside of a courtroo...

    Steven’s Answer

    A CHINS will not appear on your CORI.

    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 a 258E prevent the renewal of an F.I.D. card?

    If someone is served a 258E order, does the police chief of the town where the person resides have reason or cause to refuse to renew the person's F.I.D. card when it comes up for renewal?

    Steven’s Answer

    The mere fact that you were served with a 258E Restraining Order does not mean you will be disqualified when it comes time to renew your F.I.D. card. You will be asked however to surrender your license and all your weapons if the order is in fact issued but you can get your license and guns back once the order lapses or is terminated.

    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 have been served a 258E and have the initial hearing in 10 days, do I ask the court to have an expunge of it then?

    Should I ask for an expunge of the order that day or does some time have to elapse before I can request that? Do I file a motion? What typically happens in most cases?

    Steven’s Answer

    A 258E Harassment order is a civil proceeding in which another person is seeking a restraining order against you allegedly because that person believes you have committed 3 or more acts of a wilful and malicious nature against him with the intent to cause fear or intimidate. A violation of this civil order is a criminal violation which would subject you to arrest and possible incarceration. You should consult with an attorney to prepare you for your scheduled 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 
  • Does an interlock requirement remain the same when moving across state lines?

    I took a plea deal in a NH DWI case resulting from a suicide attempt stemming from emotional abuse (I did not move the vehicle, but the attempt used non-controlled pills in alcohol, resulting in the charge and plea). I got a 1-year interlock perio...

    Steven’s Answer

    • Selected as best answer

    If you move to Massachusetts you will not be able to get an unrestricted MA license until you receive a clearance letter from NH that your right to operate a motor vehicle in NH has been restored. The requirement to install an interlock in Massachusetts for two years is triggered upon the renewal or application of a MA driver’s license after two or more OUI convictions. If this was your second or subsequent OUI conviction in NH and you moved to MA and tried to get a license then you would be subject to the two year interlock provision pursuant to MA law.

    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 
  • What will happen once the deadline is reached and what actions should I take?

    I was terminated from TJ Maxx and was also interrogated by LP of TJ Maxx and given a promissory note of $538 dollars that needs to be paid before the end of the month (05/17/2015) but I still haven't received the letter from any TJX Civil Recover...

    Steven’s Answer

    It is always wise to consult with an attorney. Nevertheless, if you signed the promissory note because you agree you owe the stated amount to TJ Maxx then pay the company back without delay and you might be lucky enough to avoid being charged criminally. Not paying TJ Maxx and breaching your promise to pay may force the company to seek legal action against you which may include criminal charges. It is important to remember that since you were an employee, TJ Maxx called their LP to deal with situation internally instead of calling the police. LP’s roll was to get you to admit to the loss and to terminate your employment due to employee dishonesty.

    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 
  • OUI

    Will auto insurance/points still go up with first offence OUI if it resulted into a CWAOF. Also if a employer asks for a driving history report will this show up. Thank You

    Steven’s Answer

    A drunken driving offense is a major motor vehicle violation where you will receive 5 surchargeable points on your insurance causing your insurance premiums to go up. The fact you received a CWOF instead of a Guilty finding will not stop points from being assessed against you. Since this DUI is a motor vehicle violation it will appear on both your driving history as well as on your CORI.

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

    See question