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Steven John Topazio
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Steven Topazio’s Legal Cases

55 total

  • Clerk Magistrate Hearing - Boston Attorney

    Practice Area:
    Criminal Defense
    Date:
    Jun 28, 2012
    Outcome:
    Case Dismissed.
    Description:
    The client, a 29 year old Harvard graduate student, was involved in a two car motor vehicle crash involving personal injury. The Client received an Application for Criminal Complaint in the mail for operating without a license following her discharge from the hospital, hired Boston Criminal Defense Attorney Steven J. Topazio to defend her. Prior to the scheduled hearing, Attorney Topazio confirmed that his client renewed her driver’s license prior to the scheduled hearing and obtained documentation from his client’s motor vehicle liability carrier regarding the accident. Attorney Topazio is aware that under the certain circumstances the Magistrate may exercise her authority to resolve local conflicts short of authorizing a criminal complaint. Although the primary role of the magistrate is to determine whether probable cause exists to require the accused to answer to a criminal charge, magistrates may decline to authorize complaints where the law allows the conflict to be fairly resolved in a different manner. In Gordon v. Fay, 382 Mass. 64, 69-70, 413 N.E.2d 1094, 1097-1098 (1980), the Supreme Judicial Court noted that the “implicit purpose of the [G.L. c. 218, §] 35A hearings is to enable the court clerk to screen a variety of minor criminal or potentially criminal matters out of the criminal justice system through a combination of counseling, discussion, or threat of prosecution.” Today, Boston Criminal Defense Attorney Topazio was successful in convincing the Magistrate to resolve the matter without issuing the criminal complaint. Contact Attorney Topazio online today at www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Civil Motor Vehicle Infraction - Fail to Stop or Yield, M.G.L. c. 89 § 9

    Practice Area:
    Criminal Defense
    Date:
    Jun 27, 2012
    Outcome:
    Case Dismissed.
    Description:
    The Client, a 52 year old father of four, received a civil motor vehicle citation after being caught running a red light, hired Boston Criminal Defense Lawyer, Steven J. Topazio, to represent him at the Magistrate Hearing. Today, Attorney Topazio convinced a Clerk Magistrate to find his Client not responsible. Contact Attorney Topazio online today at www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Application for Criminal Complaint, Clerk Magistrate Hearing Boston

    Practice Area:
    Criminal Defense
    Date:
    Jun 26, 2012
    Outcome:
    Cocaine Possession Charge Dismissed.
    Description:
    The client, a 21 year old high school graduate, received an Application for Criminal Complaint following the dismissal of a criminal complaint which was previously dismissed by Boston Criminal Defense Attorney Topazio. The Client was initially arrested after being seen by neighbors snorting cocaine while parked in his automobile. Procedurally, if a criminal case is dismissed in the District Court, the case is usually dismissed without prejudice. Dismissing a case without prejudice allows the Commonwealth the opportunity to re-file charges if they so choose. At this second so-called magistrate’s hearing, the magistrate’s responsibility is to determine whether there is currently probable cause to authorize a complaint, not whether there was probable cause at the time of the initial arrest. Therefore, in determining probable cause the magistrate may consider information obtained subsequent to the arrest. This may be either inculpatory (strengthening the case against the accused) or exculpatory (e.g., showing that an earlier identification was mistaken). Today, Attorney Topazio was successful in convincing the Magistrate who found probable cause to issue new charges against his Client, to hold the complaint for one year and if the Client stays out of trouble the case would be dismissed. Contact Attorney Topazio online today at www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Motion to Seal Criminal Records, Massachusetts CORI

    Practice Area:
    Criminal Defense
    Date:
    Jun 22, 2012
    Outcome:
    Criminal Record Permanently Sealed.
    Description:
    The client, a 32 year old full-time student attending the University of Buffalo, Buffalo, New York, anticipating receiving my BS in business Administration with a concentration in finance, had a CORI which reflected a one year committed sentence for possession of a firearm and malicious destruction of property, hired Boston Criminal Defense Lawyer Steven J. Topazio to seal his record. The Client who is presently employed with UBS Financial Services, Inc., in buffalo, New York, BSA operations and served honorably in the United States Army and who has been an active duty soldier at Fort Hood, Texas and a National Guard member for both Massachusetts and Texas, required a clean CORI because CORI checks have to be completed as part of the Client’s responsibilities as an employee with UBS Financial Services. Today, Attorney Topazio caused his client’s criminal record to be sealed. As a result, by statute the client can now truthfully state for all purposes that he has never been arrested or charged with any crime. Contact Attorney Topazio online today at www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Sealing Criminal Records - Boston, Massachusetts Attorney

    Practice Area:
    Criminal Defense
    Date:
    Jun 19, 2012
    Outcome:
    Case Permanently Sealed.
    Description:
    The client, a 40 year old mother of three and LPN who was taking classes at Massachusetts Bay College with a goal of completing her RN program, had a CORI which consisted of Assault and Battery and Assault with Dangerous Weapon offenses, hired Boston Criminal Defense Attorney Steven J. Topazio to seal her criminal record. The Client did not want these charges to appear on her CORI as she was required to show a clean record in order to advance her nursing career. Today, Attorney Topazio appeared before the court and persuaded the judge to seal his client’s CORI. As a result, by statute the client can now truthfully state for all purposes that she has never been arrested or charged with any crime. Contact Attorney Topazio online today at www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Probation Surrender - Warrant - Boston Lawyer

    Practice Area:
    Criminal Defense
    Date:
    Jun 01, 2012
    Outcome:
    Client avoids a two year commitment as recommended by probation and receives a nine month sentence.
    Description:
    The Client, a 25 year old telemarketer, who was on probation for four years after serving a two year committed sentence for ABDW, received a Notice of Probation Violation and Hearing from his probation officer when he was thrown out of his drug rehabilitation program for allegedly dealing heroin. When the Client failed to appear at the initial final hearing, a warrant issued for his arrest. After several months of being on the lam (or on the run), the Client was held without bail on a probation detainer after being arrested on a new drug related offence, hired Boston Criminal Defense Attorney Steven J. Topazio to represent him. Attorney Topazio met with his Client at the Nashua Street Jail and discussed his options with him. Attorney Topazio next met with his Client’s supervising probation officer who was adamant that at the final surrender she would recommend to the court that the Client receive a two year committed sentence due to his lengthy criminal record. Today, Attorney Topazio appeared at the final surrender hearing with his Client and instead of having a final hearing, stipulated to a violation and despite probation’s recommendation that his client serve a two year committed sentence, Attorney Topazio convinced the court to commit his client for nine months, remit over $1200.00 in fees the client owed the court, and to give his Client credit for time held in custody. Contact Attorney Topazio online today at www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Motion to Seal Criminal Records - Expungment

    Practice Area:
    Criminal Defense
    Date:
    May 31, 2012
    Outcome:
    Case Permanently Sealed.
    Description:
    The client, a 26 year old who graduated with a Bachelor of Fine Arts from Tufts University in partnership with The School of The Museum of Fine Arts, Boston, MA, had a CORI which consisted of a “CWOF” on two counts of Larceny over $250.00 and Malicious Destruction of Property over $250.00, (felony offenses), hired Criminal Defense Attorney Steven J. Topazio to seal her criminal record so that the charges would no longer appear on her CORI. The client plans to graduate this year with a Masters in Creative Arts Therapy from Pratt Institute, Brooklyn, New York, and planned to seek employment as a teacher and did not want any future employer to question her about the charges if they reviewed her CORI. Today, Attorney Topazio appeared before the court and persuaded the judge to seal his client’s case. As a result, by statute the client can now truthfully state for all purposes that she has never been arrested or charged with any crime. Contact Attorney Topazio online today at www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Operating without a license - Operating Negligently - Boston Attorney

    Practice Area:
    Criminal Defense
    Date:
    May 23, 2012
    Outcome:
    Warrant recalled and case to be dismissed upon payment of court costs in lieu of client having to return to Massachusetts and facing trial.
    Description:
    The client, a 41 year old PGA golf instructor, hired Attorney Topazio to represent him after he was notified by the Department of Motor Vehicles in Washington State that his right to operate a motor vehicle was suspended in that state due a default warrant in Massachusetts. Attorney Topazio investigated the matter and discovered that the client had failed to appear on a straight warrant out of the Charlestown District Court. The Client tried to resolve the matter on his own without traveling to Massachusetts but was unsuccessful. The Court responded to the Client after it reviewed the matter with the probation department and the Assistant District Attorney assigned to the Court, and informed the Client that it refused to resolve the criminal matter without the Client’s presence. Attorney Topazio acquired documentation of the client’s whereabouts and provided same to the court. Attorney Topazio filed a motion requesting that the court waive his client’s presence and to recall the warrant and to continue the case for arraignment. As a result of this initial court ruling, Attorney Topazio was provided with a Notice of Warrant Cancellation for his client. Attorney Topazio next met with the Assistant District Attorney and pointed out that the police department involved with the case was the Metropolitan District Commission, or MDC, which no longer existed. Today, Attorney Topazio argued that the case was not viable and persuaded the court to dismiss the case prior to arraignment on court costs, so as to avoid the costs his client would have to incur in returning to Massachusetts, and the court agreed. The case was continued pending payment of the court costs in lieu of the client having to return to Massachusetts and trial on this old case. Contact Attorney Topazio online today at www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • OUI DUI DWI Boston Criminal Attorney

    Practice Area:
    DUI & DWI
    Date:
    May 18, 2012
    Outcome:
    Three year suspension vacated and reduced to 180 days.
    Description:
    The Client, a 37 year old restaurateur, who previously received a CWOF on a first offense OUI was arrested for a second offense OUI and refused to submit to a Breathalyzer. Pursuant to the Safe Roads Act or (Melanie’s Law amendments) in 2005 to Chapter 90, section 24D(1)(f)(1), the Registrar suspended the Client’s license for a period of three (3) years instead of 180 days, hired Boston Criminal Defense Attorney Steven J. Topazio to represent him. Attorney Topazio appealed the Registrar’s finding to the Board of Appeal on Motor Vehicles pursuant to Chapter 30A, section 11 arguing the suspension should be reduced to 180 days because the Registrar was without authority to calculate a three-year suspension for a chemical test refusal suspension by including the CWOF as a prior offense. Attorney Topazio argued that a prior OUI offense, that was continued without a finding (CWOF), should not be treated as a conviction for purposes of the enhanced penalty for the refusal of the chemical test pursuant to Chapter 90, section 24(1)(f)(1), but the Board of Appeals disagreed and affirmed the Registrar’s decision. On May 17, 2012, the Supreme Judicial Court, in the case of Souza v. Registrar of Motor Vehicles, SJC-11123, concluded that the Legislature did not intend an admission to sufficient facts to be treated as a conviction pursuant to G.L. c. 90, § 24(1)(f)(1) and ruled that the registrar was not authorized pursuant to statute to suspend the plaintiff’s driver’s license for more than 180 days on account of his refusal to take a breathalyzer test, because the plaintiff had not previously been convicted of a violation of G.L. c. 90, § 24. Today, Attorney Topazio returned his client to the Registry of Motor Vehicles and by arguing the Souza case convinced the Registrar to vacate the three year suspension and reduce it to 180 days. Contact Attorney Topazio online today at www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Motor Vehicle Ticket Boston Lawyer

    Practice Area:
    Criminal Defense
    Date:
    May 16, 2012
    Outcome:
    Case Dismissed.
    Description:
    The Client, a 52 year old father of two, received a civil motor vehicle citation and hired Boston Criminal Defense Lawyer, Steven J. Topazio, to represent him. Today, Attorney Topazio convinced a Clerk Magistrate to find his Client not responsible. Contact Attorney Topazio online today at www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.