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Steven John Topazio
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Steven Topazio’s Legal Cases

55 total


  • Domestic Assault and Battery - Mass. Gen. Laws ch 265, § 13A

    Practice Area:
    Domestic Violence
    Date:
    Mar 03, 2011
    Outcome:
    Case Dismissed.
    Description:
    The defendant, a truck driver from Brockton, was arrested for domestic assault and battery against his girlfriend. According to the police report, after a verbal argument over household chores the defendant struck his girlfriend on the nose with his head causing a laceration and she bit his lip causing a cut. Upon police arrival the defendant was not on the scene. The defendant hired Attorney Topazio to defend him. Attorney Topazio met with both parties prior to the scheduled court date who wished to resolve their differences without court intervention. Attorney Topazio suggested that the parties enter into an accord and satisfaction which gives the court the power to take the case out of the hands of the District Attorney. An accord and satisfaction is a legal contract whereby two parties agree to discharge a tort claim, such as an assault and battery. Today, Attorney Topazio convinced the court to dismiss the charge against his client. Contact Attorney Topazio online today by visiting www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Grand Jury Subpoena: Fifth Amendment Privilege: Spousal Privilege Mass. Gen. Laws ch 233, § 20

    Practice Area:
    Criminal Defense
    Date:
    Feb 23, 2011
    Outcome:
    Spouse not required to testify against her husband at grand jury.
    Description:
    The client in this case was the wife to a defendant who was summoned to appear before the grand jury in relation to charges against her husband, hired Attorney Topazio to represent her. The wife wanted to invoke her spousal privilege under Mass. Gen. Laws ch 233, § 20 not to testify. Attorney Topazio pointed out that the statutory spousal privilege applied only to testimony in the trial of a criminal proceeding against the witness’s spouse and that grand jury proceedings were not trials. Attorney Topazio investigated the situation and discovered that the wife also had a Fifth Amendment right not to testify. The wife appeared with Attorney Topazio who refused to allow his client to testify based on the Fifth Amendment and spousal privilege. The judge who heard argument took the case under advisement. Today, the court ruled that according to the case of IN THE MATTER OF A GRAND JURY SUBPOENA, 447 Mass. 88; 849 N.E. 2d 797 (2006) the wife could not invoke her spousal privilege at the grand jury but agreed with Attorney Topazio and found she had a valid Fifth Amendment right not to testify. Contact Attorney Topazio online today by visiting www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Disorderly Conduct M.G.L. c. 272 § 53

    Practice Area:
    Criminal Defense
    Date:
    Feb 22, 2011
    Outcome:
    Case dismissed prior to arraignment thus preventing any entry on his client’s criminal record.
    Description:
    The defendant, a student attending college in Boston, was denied entrance to a local club due to his intoxication and was asked to leave the area, but refused. When the defendant started to scream profanity at random, a Boston Police Officer told him to leave but instead the defendant demanded to be arrested. Unfortunately for the defendant, the officer obliged. After the defendant was arrested and booked for disorderly conduct, he hired Attorney Topazio to represent him. Attorney Topazio met with the prosecuting attorney and negotiated that his client complete 20 hours of community service in exchange for the charge being dismissed and the Commonwealth agreed. In lieu of being arraigned on the case, which would have resulted in the formation of a criminal record, Attorney Topazio requested that his client’s case be continued for further arraignment to give the client time to complete the community service hours. Today, after submitting proof that his client completed the requested community service hours, Attorney Topazio convinced the court to dismiss his client’s case prior to arraignment. Contact Attorney Topazio online today by visiting www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Shoplifting by Price Tag Tampering, M.G.L. c. 266 § 30A

    Practice Area:
    Criminal Defense
    Date:
    Feb 03, 2011
    Outcome:
    Case to be dismissed on payment of court costs and record protected.
    Description:
    The defendants, sister-in-laws who were shopping prior to Christmas, were arrested when captured on video by Filene’s Basement security switching price tags on merchandise valued at $2,200.00 and then paying a lesser price at the cash register of $200.00, hired Boston Criminal Defense Lawyer Steven J. Topazio to represent them. According to statute, any person who intentionally alters, transfers or removes any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the retail value thereof, and where the retail value of the goods obtained equals or exceeds one hundred dollars, then any violation shall be punished by a fine of not more than one thousand dollars or by imprisonment in the house of correction for not more than two and one-half years, or by both such fine and imprisonment. Boston Criminal Defense Lawyer Steven J. Topazio contacted the Assistant District Attorney assigned to the case and negotiated a resolution whereby both cases would be dismissed on $500.00 court costs, but would still have to convince the court. Today, Boston Criminal Defense Lawyer Steven J. Topazio, despite the overwhelming evidence against his clients, argued that the charges against his clients were an aberration since neither of them had any prior criminal record and convinced the court that in the interests of justice it should dismiss each case on $500.00 court costs, and the court agreed. Contact Attorney Topazio online today by visiting www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Motion to Seal Criminal Records M.G.L. c. 276, § 100C

    Practice Area:
    Criminal Defense
    Date:
    Jan 27, 2011
    Outcome:
    Case Permanently Sealed.
    Description:
    The defendant, an IT professional and father of two, had a CORI which consisted of a conviction for possession of cocaine, hired Boston Criminal Defense Lawyer Steven J. Topazio to seal his criminal record. The defendant had plans to volunteer as a coach for his kids at their local school and didn’t want to be disqualified due to his CORI. Today Attorney Topazio caused his Client’s CORI to be sealed and now he can truthfully answer on any job or school application that he has no record despite being arrested, charged and placed on probation for this crime. Contact Attorney Topazio online today by visiting www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Larceny from Building M.G.L. c. 266 § 20

    Practice Area:
    Criminal Defense
    Date:
    Aug 02, 2012
    Outcome:
    Client receives a CWOF and probation after dismissal of seven counts.
    Description:
    The client, a 24 year old college graduate, was arrested and held in custody after being charged with stealing court documents from the East Boston Court House, hired Boston Criminal Defense Attorney Steven J. Topazio to represent her. Prior to being arrested, the client was in the East Boston District Court House where she proceeded to the clerk’s office to retrieve her court record. After being provided with the records the client left the court house instead of copying the files. According to the police report, while in the booking area of the police department, the client dropped a bag of cocaine. The client was initially held on bail and ordered to remain drug and alcohol free and to submit to random urine tests upon her release. After posting bail, Attorney Topazio filed a motion to modify the terms of pretrial release arguing that the Supreme Judicial Court in the case of Commonwealth v. Dodge, indicated that no statutory authority exists under the bail statute (M.G.L. c. 276 § 58) to make a defendant’s pre-trial release subject to conditions, and the court agreed and vacated the conditions of release. Today, Attorney Topazio persuaded the court to grant his client a CWOF on the possession of coke charge so as to preserve her driving privileges, and probation on the a single count of larceny after dismissing multiple larceny and withholding evidence charges. Contact Attorney Topazio online today by visiting www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Resisting Arrest M.G.L. c. 268 § 32B

    Practice Area:
    Criminal Defense
    Date:
    Aug 14, 2012
    Outcome:
    Case Dismissed.
    Description:
    The client, a 20 year old high school graduate, was arrested after becoming combative with a police officer and resisting arrest. According to the police report the client refused to identify himself to the police when asked. He was evasive and began moving around. His movement made the officer nervous. The officer requested to pat the exterior of the client’s clothing to make sure he did not have weapon after the officer noticed the client was wearing the same colors as local gang members. When the officer reached over toward the client he become combative and pushed the officer’s hand away. Due to the client foul language and out of control behavior taking place in the present of numerous frighten school children the officer took the client to the ground and handcuffed him. After being handcuffed marijuana was found on the client. The client thereafter exchanged pleasantries with the officers which involved the client stating he wanted to kill the officer. Boston Criminal Defense Attorney Steven J. Topazio filed a motion to dismiss the charges alleging the police officer created the confrontation that resulted in his client being arrested. Today Attorney Topazio convinced the Court and District Attorney to dismiss all charges against his client upon completion of 17 hours of community service. Contact Attorney Topazio online today by visiting www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Application for Criminal Complaint

    Practice Area:
    Criminal Defense
    Date:
    Aug 20, 2012
    Outcome:
    Case dismissed.
    Description:
    The client, a 39 year old professional, received an application for criminal complaint after getting into a multi-car crash on route 24 in Avon, Massachusetts, hired Boston Criminal Defense Attorney Steven J. Topazio to represent him. A clerk-magistrate has discretion in determining whether probable cause exists to warrant the commencement of criminal proceedings. Such a determination is made on consideration of the application and the testimony of the complainant. Once the magistrate has satisfied himself that the complainant has presented such a statement of accusation, process must issue. According to the police report, the client struck the rear on a pickup truck pushing is approximately 75 feet. The client’s motor vehicle left skid marks of approximately 60 feet prior to the crash. Both the client and other operator of the other motor vehicle were transported via ambulance to local hospitals. Attorney Topazio obtained documentation form the Registry of Motor vehicles indicating that his client was properly licensed on the day of the accident, and proof that his client was properly insured. Today, the client testified that he was startled by the other vehicle which stopped unexpectedly on the other side of a small hill. Despite the client’s rate of speed and manner of operation which led to this rear end collision, Attorney Topazio was able to persuade the Magistrate to dismiss all charges against his client. Contact Attorney Topazio online today by visiting www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Trespassing M.G.L. c. 266 § 120

    Practice Area:
    Criminal Defense
    Date:
    Aug 01, 2012
    Outcome:
    Case Dismissed.
    Description:
    The client, a 26 year old mother of three, and recent graduate from college, was arrested for trespassing when she visited the Wrentham Outlets, hired Boston Criminal Defense Attorney Steven J. Topazio to represent her. Attorney Topazio contacted the Wrentham Police who indicated that they had a letter of disinvitation on file which indicated that it was hand delivered to the client on a previous shoplifting arrest. Attorney Topazio researched the old Wrentham Court file and discovered that the client was never arrested but rather summoned to court and ordered to stay away from the Wrentham Outlets until further notice. Today in court, Attorney Topazio argued that when the underlying shoplifting case was dismissed, the court’s stay away order lapsed, and his client had no notice of any ongoing disinvitation notice. As a result, Attorney Topazio persuaded the court to dismiss the trespass charge against his client. Contact Attorney Topazio online today by visiting www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Motion to Seal M.G.L. c. 276 § 100A

    Practice Area:
    Criminal Defense
    Date:
    Jul 30, 2012
    Outcome:
    Record permanently sealed.
    Description:
    The client, who had multiple CWFO’s on her CORI, hired Boston Criminal Defense Attorney Steven J. Topazio to seal her record. Today Attorney Topazio persuaded the court to seal his client’s record so she can truthfully say on any application for employment that she has no record. Contact Attorney Topazio online today by visiting www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.