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Steven J. Topazio
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Steven Topazio’s Legal Cases

55 total


  • Seal criminal records M.G.L. c. 276, § 100A

    Practice Area:
    Criminal defense
    Date:
    Aug 24, 2012
    Outcome:
    Criminal Record Permanently Sealed.
    Description:
    The client, a 35 year old father, recently applied as a parent-volunteer for his child at a Montessori School as a parent volunteer and feared being disqualified due to his CORI which reflected multiple admissions to sufficient fact on drug possession with intent to distribute charges. The Montessori School, as part of the selection process, requires that the Client provide a CORI, hired Boston Criminal Defense Attorney Steven J. Topazio to seal his record. Today, Massachusetts Criminal 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. Attorney Steven J. Topazio 10 Winthrop Square, Suite 4100 Boston, MA 02110 617-422-5803 Email: stopazio@topaziolaw.com Web: www.topaziolaw.com www.1bostoncriminallawyer.com
  • Clerk Magistrate Hearing - Boston Massachusetts

    Practice Area:
    White collar crime
    Date:
    Aug 21, 2012
    Outcome:
    Case dismissed.
    Description:
    The client, a 32 year old professional with a part time job with Nordstrom, was caught on camera at Nordstrom taking merchandise without paying for it as well as crediting her credit card account with returns she made but without returning the merchandise. When the client was confronted by loss prevention officers in the presence of police, she admitted to her theft. Despite offering to pay Nordstrom back in full for the items taken which totaled over $4000.00, she was told that she would be pursued both civilly and criminally. Without being able to resolve the matter on her own, the Client hired Boston Criminal Defense Attorney Steven J. Topazio to defend her. Attorney Topazio attempted to negotiate a settlement with Nordstrom but was informed that they were pursuing this matter criminally. The Peabody police filed an application for criminal complaint to be heard by a Clerk Magistrate. The primary role of the magistrate when she hears a complaint is to determine whether probable cause exists to require the accused to answer to a criminal charge. Magistrates, however, 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, after establishing that the client made full restitution to Nordstrom, 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.
  • 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.
  • 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.
  • Speeding Traffic Hearing - Boston, Massachusetts

    Practice Area:
    Criminal defense
    Date:
    Aug 03, 2012
    Outcome:
    Not Responsible.
    Description:
    The client, a manager employed with EMC, received a traffic citation for speeding on the Mass Pike after leaving Logan Airport while traveling towards Worcester, hired Boston Criminal Defense Attorney Steven J. Topazio to represent him. Today, Attorney Topazio persuaded 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.
  • 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.
  • 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.
  • Probation Surrender - Larceny from a Person M.G.L. c. 266 § 30

    Practice Area:
    Criminal defense
    Date:
    Jul 31, 2012
    Outcome:
    Client released from custody and disposition of CWOF renewed.
    Description:
    The client, a 19 year old high school student, was detained on a probation detainer after he failed to report to probation, pay restitution, or comply with his probation officer, was represented by Boston Criminal Defense Attorney Steven J. Topazio. Attorney Topazio met with the supervising probation officer and negotiated a resolution of his client’s case. Today, Attorney Topazio convinced the court to release his client from custody, renew his probation and renew his client’s disposition of CWOF instead of changing the CWOF to a guilty finding on the added conditions that his client’s probation be extended and that he remain drug and alcohol free. Contact Attorney Topazio online today at 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.
  • Payment for Sexual Conduct M.G.L. c. 272 § 53A

    Practice Area:
    Criminal defense
    Date:
    Jul 19, 2012
    Outcome:
    Case Dismissed.
    Description:
    The client, a 51 year old businessman, was arrested for sexual conduct for a fee after police observed a known prostitute walk up to the passenger side of the Client’s motor vehicle and get in. A prostitute (also called hooker, whore, ho, street walker, or escort) is a person who has sex with people for money. According to the police report filed in the case, the police believed that an act of prostitution was about to occur so they followed the motor vehicle and when it came to a stop and neither occupant exited the vehicle; they pulled their cruiser behind the vehicle and observed the Client with his pants down with his genitals exposed. The client hired Boston Criminal Defense Attorney Steven J. Topazio to defend him. According to the police report, statements were made by both the Client and prostitute that $20.00 was paid for oral sex. Engaging in sexual conduct for a fee is a crime. Both the customer (also referred to as a john) and the prostitute can be charged with a crime provided there is evidence that the customer paid or offered to pay another person to engage in some form of sexual conduct. In order to be convicted of this crime some commercial transaction must be involved. Today, Attorney Topazio convinced the prosecution and the court to dismiss the charge against his client on court costs. Contact Attorney Topazio online today by visiting www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.