Skip to main content
Steven J. Topazio
Avvo
Pro

Steven Topazio’s Legal Cases

55 total

  • 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.
  • Five year License Suspension for Breathalyzer Refusal reduced to 180 days

    Practice Area:
    DUI and DWI
    Date:
    May 30, 2012
    Outcome:
    Five year suspension vacated and reduced to 180 days and Client immediately became eligible for a work hardship license.
    Description:
    The Client, a 50 year old RN, who previously received a CWOF on an OUI offense in 1980 and a second CWOF on an OUI offense in 1996 was arrested for a third offense OUI in 2009 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 five (5) years for the breathalyzer refusal instead of 180 days, and an additional eight (8) years on the OUI offense after he pled guilty, hired Boston Criminal Defense Attorney Steven J. Topazio to represent him. 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 appealed his client’s suspension to the Registry of Motor Vehicles and by arguing the Souza case convinced the Registrar to vacate the five year suspension and reduce it to 180 days. Although the Client received an eight (8) year license suspension for the third offense OUI, due to the reduction in the license suspension, he immediately became eligible for a DWI work hardship license since he was more than 2 years into his DWI revocation. Contact Attorney Topazio online today by visiting 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 and 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.
  • 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.