Attorney Steven J. Topazio's Legal Cases

Domestic violence

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

Mar 03, 2011

OUTCOME: Case Dismissed.

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 defe ... ndant 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.

Criminal defense

Grand Jury Subpoena: Fifth Amendment Privilege: Spousal Privilege Mass. Gen. Laws ch 233, § 20

Feb 23, 2011

OUTCOME: Spouse not required to testify against her husband at grand jury.

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.

Criminal defense

Disorderly Conduct M.G.L. c. 272 § 53

Feb 22, 2011

OUTCOME: Case dismissed prior to arraignment thus preventing any entry on his client’s criminal record.

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 prof ... anity 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.

Criminal defense

Shoplifting by Price Tag Tampering, M.G.L. c. 266 § 30A

Feb 03, 2011

OUTCOME: Case to be dismissed on payment of court costs and record protected.

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.

Criminal defense

Motion to Seal Criminal Records M.G.L. c. 276, § 100C

Jan 27, 2011

OUTCOME: Case Permanently Sealed.

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 re ... cord. 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.

Steven J. Topazio's Legal Cases (55)

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

Grand Jury Subpoena: Fifth Amendment Privilege: Spousal Privilege Mass. Gen. Laws ch 233, § 20

Disorderly Conduct M.G.L. c. 272 § 53

Shoplifting by Price Tag Tampering, M.G.L. c. 266 § 30A

Motion to Seal Criminal Records M.G.L. c. 276, § 100C