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Should I request time served for the year I served before my release on bail, take the 1year probation or go all the way?: I'm currently on out on bail for dist. Class B substance, subsequent offence. I was arrested on 11/14/2014, was held until 11/22/2015 (1 year for violation of probation) and released on bail for the new charges. The last court hearing I assisted, I was offered a 3-5year sentence as a plea agreement and decided to skip bail and go on the run. I was recently rearrested on 11/4/2022 appeared before a judge on 11/8/2022, was granted bail and released. I recently got a letter from the clerk of court to appear for a Conference to Review Status. I contacted the court appointed attorney and he said that the reason for the conference is because the courts cannot find my file, and for that reason the D.A. is agreeing to reduce the charges to a Possession charge with a 1year of probation if I pled guilty at the hearing.

Asked over 3 years ago in Criminal Defense

Steven’s answer: You are charged with a crime that carries a mandatory jail sentence if convicted which is being reduced to a misdemeanor possession charge because the court lost its file during the time that you were on the lam. As I see it you just won the lottery. Nevertheless, asking your attorney if pleading to a time served sentence is an option won't hurt but follow your attorney's advice. He will know what to do and advise you properly.

Answered over 3 years ago.


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 sent to the MA Office of Criminal Information Records. If the information from NCIC is first provided to the MA office of Criminal Info Services and then sent to the Massachusetts based requester, will the MA office of Criminal Services have to prevent this information from being sent? Seeing that it contradicts MA law; the five year sealing period has passed. Will they inform me and allow me to seal the information before it is sent to the requester/informer?

Asked over 12 years ago in DUI & DWI

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: [email protected]
Web: www.topaziolaw.com

Answered over 12 years ago.


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?

Asked over 12 years ago in Criminal Defense

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: [email protected]
Web: www.topaziolaw.com
www.1bostoncriminallawyer.com

Answered over 12 years ago.