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Steven John Topazio
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Steven Topazio’s Legal Cases

55 total

  • Assault and Battery with a Dangerous Weapon Boston Lawyer

    Practice Area:
    Violent Crime
    Date:
    May 14, 2012
    Outcome:
    Case Dismissed at Trial.
    Description:
    The Client, a 27 year old restaurant worker, was arrested after being involved in a fight after a popular Boston nightclub closed and was letting out its patrons. Boston Criminal Defense Lawyer, Steven J. Topazio, investigated the case and learned that the complainant was injured and taken to Massachusetts General Hospital after receiving a large laceration to the back of the head and multiple bruises to the facial area. As a result of pursuing what happened at the hospital, Attorney Topazio discovered that the complainant stated that he was at the Boston nightclub and only remembered being struck in the head and had no other recollection of the incident. Today, Attorney Topazio refused to plea bargain with the Commonwealth and demanded a trail. Without the ability to identify his Client, the case was dismissed. Contact Attorney Topazio online today at www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Assault and Battery with Dangerous Weapon M.G.L. c. 265 § 15(A)(B)

    Practice Area:
    Criminal Defense
    Date:
    May 08, 2012
    Outcome:
    Case Dismissed.
    Description:
    The Client, an 18 year old High School Student, was arrested after he attempted to strike his ex-girlfriend’s ex-boyfriend with a motor vehicle, hired Boston Criminal Defense Lawyer Steven J. Topazio to defend him. According to the police report, the ex-boyfriend of the ex-girlfriend entered the Client’s home to beat the Client up after the ex-boyfriend discovered his girlfriend and the Client were dating. After assaulting and punching the client the ex-boyfriend was charged with home invasion. When the ex-boyfriend went outside, the Client attempted to run him over with his car. Attorney Topazio met with his Client and explained the Client’s Fifth Amendment Constitutional Right not to testify. After being requested to appear and testify before a grand jury, Attorney Topazio advised his client to refuse to appear or testify against his attackers. Attorney Topazio pointed out that due to the fact that the client was also charged with a crime and might incriminate himself if he testified before a grand jury, the Client could exert his right not to testify. Today as a result of the Client exercising his Fifth Amendment right not to testify at the grand jury, the Commonwealth was unable to get an indictment against the Client’s attackers. Additionally, with no witnesses available to testify in court at trial against the Client, Attorney Topazio was able to persuade the District Court to deny jurisdiction on the Assault and Battery with a Dangerous Weapon charge, in lieu of going to trial, but instead dismiss the case as a result of the Commonwealth’s inability to obtain any grand jury indictment. Assault and Battery with a Dangerous Weapon charge is a felony which has concurrent jurisdiction which could be tried in either the Superior Court or the District Court. Contact Attorney Topazio online today at www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Possession Class D Drug, Marijuana M.G.L. c. 94C § 34

    Practice Area:
    Criminal Defense
    Date:
    May 03, 2012
    Outcome:
    Case Dismissed.
    Description:
    The Client, a 31 year old self employed medications courier for nursing homes, was arrested on drug charges, hired Boston Criminal Defense Lawyer Steven J. Topazio to represent him. According to the police report, the Client was stopped in his motor vehicle after a State Police Trooper alleged the Client’s rear motor vehicle plate light was broken. When the Trooper approached the vehicle, the Trooper claimed he detected a strong odor or raw un-burnt Marijuana. According to the report, the Trooper asked the Client if there was any Marijuana in the vehicle and how much. The Trooper reported that the Client stated that he had “an ounce,” then produced 3 small plastic bags containing 1.37 ounces of Marijuana. An ounce or less of marijuana is a non-arrestable civil violation. An ounce of marijuana or more is a criminal offense. Attorney Topazio attacked the Trooper’s rendition of the facts as not being credible. Attorney Topazio alleged the Trooper threatened his Client and forced the Client to produce the Marijuana that was secreted in the motor vehicle. Attorney Topazio argued that due to the recent changes in the law which decriminalized an ounce of marijuana or less, the police can no longer search a motor vehicle based on an odor of marijuana alone. Today, Attorney Topazio persuaded the District Attorney to dismiss the charges against his Client on the payment of court costs. Contact Attorney Topazio online today at www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Traffic Ticket Appeal Boston Lawyer

    Practice Area:
    Criminal Defense
    Date:
    May 01, 2012
    Outcome:
    Case dismissed.
    Description:
    The client, a 49 year old self employed cab driver, received a civil motor vehicle Massachusetts Uniform Citation for making a u-turn in a restricted zone. The Client appealed the ticket and retained Attorney Topazio to represent him at the hearing. Today, Attorney Topazio was successful in convincing to the 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.
  • Larceny Under $250 M.G.L. c. 266 § 30(1)

    Practice Area:
    Criminal Defense
    Date:
    May 01, 2012
    Outcome:
    Complaint Dismissed prior to arraignment.
    Description:
    The client, a 27 year old musician with a Bachelors of Arts in music and resident of California, defaulted when he failed to appear on a summons and a warrant issued for his arrest, hired Attorney Steven J. Topazio to defend him. According to the police report, the Client was observed by Northeastern University Police, removing parts from a bicycle that the Client claimed he had permission to do. When the owner of the bicycle was contacted the bike owner denied knowledge of the Client and of giving him permission to remove any parts. Attorney Topazio obtained a letter from the bike owner which contradicted the original denial of permission and provided it to the District Attorney. Today, Attorney Topazio convinced the District Attorney to dismiss all charges against his client prior to arraignment despite this contradiction. Dismissing charges prior to arraignment means that these offenses will not appear on the Client’s CORI. Contact Attorney Topazio online today at www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Clerk's Hearing - Shoplifting by Asportation M.G.L. c. 266 § 30A

    Practice Area:
    Criminal Defense
    Date:
    Apr 27, 2012
    Outcome:
    Application for Complaint Dismissed.
    Description:
    The client, a 21 year old non citizen in the United States with a student visa, attending Boston Conservatory of Music, immediately hired Attorney Topazio to represent her after she was stopped by police and summonsed to court for a magistrate hearing after being accused of stealing cosmetics from a prominent downtown cosmetics store. The Client is a not a US citizen and was concerned about the possible immigration consequences this charge could cause her. Attorney Topazio explained to his client that a shoplifting charge would be considered a crime of moral turpitude under Federal law which could subject a non US citizen immigrant to suffer deportation consequences. Although not arrested, Attorney Topazio obtained the police report and informed his client that she was fortunate the officer did not arrest her which was the officer’s right when they respond to a dispatch of a shoplifter being detained. According to the shoplifting statute, Law enforcement officers may arrest without warrant any person they have probable cause to believe has committed the offense of shoplifting. All that is needed is a statement from the merchant that a person has shoplifted which is enough to constitute probable cause to arrest. Attorney Topazio pointed out that unless authorized by statute as was the case here, police cannot arrest for misdemeanors not committed in their presence. Today, at the clerk magistrate's hearing, Attorney Topazio persuaded the Boston Police and the clerk magistrate not to issue the complaint against his Client but to hold the complaint for six months despite hearing enough evidence to find probable cause to issue the complaint. So long as the Client stays out of trouble, the clerk agreed to dismiss the complaint. As a result, the shoplifting charge will never appear on the Client’s CORI nor will it affect her immigration status. Contact Attorney Topazio online today at www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Traffic Ticket Appeal Boston Attorney

    Practice Area:
    Criminal Defense
    Date:
    Apr 26, 2012
    Outcome:
    Case dismissed.
    Description:
    The client, a 22 year old UMASS Dartmouth College graduate, received a civil motor vehicle Massachusetts Uniform Citation for speeding. The citation alleged the client was traveling 55 mph in a 35 mph zone on the ramp into the Tip O’Neal Tunnel or Big Dig Tunnel. The citation further alleged the client was caught on Radar. It is common practice for police to utilize either a Radar or Lidar device to determine a motor vehicle’s speed. RADAR or Radio Detection and Ranging is an object-detection system of electromagnetic waves (radio) used to detect range, altitude, speed, or direction. This signal, called a radio wave, bounces off nearby objects and the echo can be detected by the sender. LIDAR or Light Detection and Ranging on the other hand detects the same thing but uses pulses of laser light. Today, by utilizing his knowledge of the law and advocating for his client, Attorney Topazio was successful in convincing to the 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.
  • Threat to Commit Crime MGL c. 275 § 2

    Practice Area:
    Criminal Defense
    Date:
    Apr 23, 2012
    Outcome:
    Trial avoided and complaint to be dismissed on condition that the client keeps the peace.
    Description:
    The client, a 45 year old individual, received an application for criminal complaint which alleged that he threatened and intimidated his neighbor. According to the police report, the neighbor alleged that he was threatened and intimidated after calling police to report that his neighbor was emptying his fish tank on the parties’ common driveway. It was reported that the client stated, after being confronted, that if the neighbor called the police again then the next time the police come they will be coming for the neighbor’s body. Attorney Topazio attempted to resolve the case without an admission but when the Commonwealth refused he moved the case to trial. At trial, Attorney Topazio argued that the court impose a peace bond on his client in lieu of trial or an admission, ordering his client to keep the peace. Attorney Topazio argued that MGL c. 275 § 4 not only provides for imprisonment for not more than six months after a conviction but also authorizes the Judge to avoid imposing a sentence on a defendant if he chooses and allows the court to order a defendant to enter into a recognizance, with sufficient sureties, to keep the peace. This is known as a peace bond. Today, Attorney Topazio was able to convince both the Commonwealth and the Court to continue his client’s case generally with an order that if the client keeps the peace, (peace bond) then the complaint will be dismissed. Contact Attorney Topazio online today at www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Distribution of Class D (marijuana) M.G.L. c. 94C § 32C

    Practice Area:
    Criminal Defense
    Date:
    Apr 18, 2012
    Outcome:
    Complaint not issued and will be dismissed in one year provided client stays out of trouble.
    Description:
    The client, a 31 year old administrative assistant with no prior criminal history, immediately hired Attorney Topazio to represent her after she was stopped by police and searched after purchasing marijuana. Although not arrested, the Client received an application for criminal complaint to appear in court to answer on the charges. Attorney Topazio obtained the police report and learned that members of the Drug Control Unit stopped the Client after observing her engaged in what they believed to be a drug transaction. According to the police report, a $50.00 bag of marijuana was recovered from the Client who admitted to purchasing the marijuana and was released by police. After the Client was released, she called the alleged seller’s cell phone which was answered by police. The police, using a ruse, answered the alleged seller’s cell phone and reported that the Client stated that she was just stopped by the police and that they recovered only one of two bags of marijuana from her. The police still under the ruse, arranged to meet the Client for a second time, where it was reported that the Client was not in possession of the second bag of marijuana as she admitted to distributing it to a third person. Today, Attorney Topazio convinced the clerk magistrate and the police not to issue a criminal complaint against his Client at this time but rather to hold the matter open for one year and if his Client gets into no further trouble to dismiss all charges at the conclusion of the year. Dismissing the application for complaint prior to issuance of the formal criminal complaint also prevents an entry from appearing on his client’s clean criminal record or (CORI). Contact Attorney Topazio online today at www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Straight Warrant Boston Attorney

    Practice Area:
    Criminal Defense
    Date:
    Apr 13, 2012
    Outcome:
    Warrant recalled and case to be dismissed prior to arraignment if Commonwealth reports that case is not viable in lieu of client having to return to Massachusetts and being arraigned on the charges.
    Description:
    The client, an out of state 41 year old PGA golf teaching professional, 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 to a default warrant in Massachusetts. Attorney Topazio investigated the matter and discovered that the client was issued a summons to appear in court but failed to do so and a straight warrant was issued for his arrest. Attorney Topazio was unable to obtain a police report for the incident after learning the officer involved worked for the MDC which is no longer in existence. The MDC or Metropolitan District Commission Police merged with the State Police in 1992 and no longer exist. The Massachusetts Metro Police was created in 1893. The Metro Police had the primary jurisdiction of law enforcement on all MDC controlled properties, roadways and all Massachusetts Water Resources Authority (MWRA) facilities, Reservoirs and Watersheds. Today, Attorney Topazio filed a motion requesting that the court waive his client’s presence and to recall the warrant and to restore the case to the court’s calendar, which was granted. As a result of this initial court ruling, Attorney Topazio was provided with a Notice of Warrant Cancellation for his client. Attorney Topazio next caused the court to continue his client’s case for arraignment with the intention to have the case dismissed if the Commonwealth reports that the case is not viable. Contact Attorney Topazio online today at www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.