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Steven John Topazio
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Steven Topazio’s Legal Cases

55 total


  • Restraining Order MGL c. 209A False Allegations Boston Attorney

    Practice Area:
    Domestic violence
    Date:
    Apr 05, 2012
    Outcome:
    Restraining Order Vacated.
    Description:
    The Client, a 39 year-old, who was separated from her husband, contacted Criminal Defense Attorney Steven J. Topazio after being served with a temporary restraining order from her estranged husband. The restraining order alleged that the Client assaulted her husband in his place of employment, slapping him in the face because he wouldn’t sign her application for a green card. The husband claimed he didn’t want to engage in any illegal acts. The husband further alleged that he was threatened by his wife by claiming she said she would get an attorney who would give him trouble. Attorney Topazio entered his appearance and continued the hearing on the permanent order so as to prepare his defense. Attorney Topazio obtained his client’s employment records which showed that she was working on the day of the alleged incident. Attorney Topazio further obtained a copy of his client’s valid “green card” or United States of America Permanent Resident card so as to challenge the husband’s credibility at time of the court hearing. Attorney Topazio further discovered that his Client called the police on her husband after he left her for another woman, several months prior to this incident. Attorney Topazio obtained that police report which indicated that the husband threatened his wife with physical harm and told her to leave the country and to move back to Mexico when she asked for a divorce. Today, after a full hearing, Attorney Topazio convinced the court to vacate the temporary restraining order against his Client arguing that the husband had fabricated the claims against his Client so as to get leverage in the pending divorce. Contact Attorney Topazio online today at www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Clerk Magistrate's Hearing - Larceny over $250 MGL c. 266 § 30

    Practice Area:
    Criminal defense
    Date:
    Apr 03, 2012
    Outcome:
    Application for Complaint Dismissed.
    Description:
    The Client, a 24 year-old account executive and college graduate, received an application for criminal complaint charging her with the felony offense of Larceny over $250.00, when she walked out of an upscale department store with several women’s tops without paying for them. The items totaled over $800.00. The police alleged that the alleged theft was caught on the store’s surveillance video cameras. The police further alleged that when searched, the Client was found to be in possession of a pair of metal pliers, which they alleged were burglarious tools. The Client is a not a US citizen and was concerned about the possible immigration consequences this charge could cause her. The Client immediately hired Attorney Steven J. Topazio to represent her. Attorney Topazio explained that any larceny charge, including shoplifting, would be considered a crime of moral turpitude which could subject a non US citizen immigrant to suffer deportation consequences. Today, at the clerk magistrate's hearing, Attorney Topazio persuaded the police detective and the clerk magistrate not to issue the complaint against his Client. The complaint was not issued and the clerk agreed to hold the complaint for one year 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 Larceny charge will never appear on the Client’s CORI or 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.
  • Witness Intimidation MGL c. 268 § 13B - Boston Defense Lawyer

    Practice Area:
    Criminal defense
    Date:
    Mar 30, 2012
    Outcome:
    Motion to Dismiss allowed and witness intimidation count dismissed.
    Description:
    The client, a 45 year old disabled 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 and the next time they will be coming for his body. The client represented himself at the magistrate’s hearing and didn’t fare so well as the complaints issued against him. Attorney Topazio got involved in the case after the Client was arraigned and filed a motion to dismiss the witness intimidation count. Witness intimidation is a serious felony which punishes behavior that interferes with a witness or potential witness at any stage of a criminal investigation, grand jury proceeding, trial or other criminal proceeding. Today Attorney Topazio argued that the witness intimidation charge should be dismissed because the Commonwealth could not prove that the Client specifically intended to impede, obstruct, delay, harm, punish or otherwise interfere with a (criminal investigation) (grand jury) (trial) (criminal proceeding), and the Court agreed. Contact Attorney Topazio online today at www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Credit Card Fraud under $250 M.G.L. c. 266 § 37(b)

    Practice Area:
    Criminal defense
    Date:
    Mar 21, 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 a probation surrender hearing.
    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 a default warrant in Massachusetts. Attorney Topazio investigated the matter and discovered that the client had pled guilty in 1994 and received a 6 month suspended sentence with an order of restitution which his client was now in default on with a warrant for his arrest. Attorney Topazio acquired documentation of the client’s whereabouts and provided same to the court. 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 pointed out to the court that the restitution order triggered the default warrant because it was never paid but that if restitution was to be made now it would be to a bankrupt corporation. Attorney Topazio argued to convert the restitution order to court costs so as to avoid a probation surrender hearing, 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 face a probation surrender hearing where he could have received a 6 month House of Corrections sentence for violating the terms of his probation. Contact Attorney Topazio online today at www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Attempted Murder M.G.L. c. 265 § 16

    Practice Area:
    Criminal defense
    Date:
    Mar 20, 2012
    Outcome:
    All charges dismissed.
    Description:
    The client, an 18 year old High School student, was arrested on domestic violence charges involving his girlfriend with whom he lived, hired Attorney Topazio to represent him. Shortly after the first case, the client got into another altercation with his girlfriend after which she applied for a restraining order. After this event, the girlfriend alleged that there was an incident between the parties wherein she alleged that the client violated the restraining order by trying to strangle her where she lost consciousness, and as a result the client was arrested on attempted murder charges. In preparation of the case, Attorney Topazio obtained cell phone records between the parties suggesting no attack occurred and that the girlfriend was making false allegations. Attorney Topazio spoke with witnesses to prepare his defense. Attorney Topazio also identified alibi witnesses which called into question the veracity of the girlfriend’s allegations that she was attacked when she claimed she was attacked. During the several months of pre-trial preparation, Attorney Topazio discovered prior incidents of false allegations made by the girlfriend against former boyfriends which resulted in criminal complaints being dismissed. Attorney Topazio obtained copies of these complaints in an attempt to show a pattern of making false allegations. Today, despite the Commonwealth’s request for yet another continuance on the scheduled probable cause hearing, Attorney Topazio was successful in getting the Court to deny the Commonwealth’s request and persuaded the Court to dismiss all charges for want of prosecution. Contact Attorney Topazio online today at www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Shoplifting by Concealing Merchandise M.G.L. c. 266 § 30A

    Practice Area:
    Criminal defense
    Date:
    Mar 14, 2012
    Outcome:
    After the period of pre-trial probation, the charges will be dismissed provided the Client obeys all state and local laws.
    Description:
    The client, a 30 year old Computer Software Engineer, was arrested for Shoplifting and Threats, hired Attorney Steven J. Topazio to defend him. According to the police report, the Client stole a bag of shrimp from a local grocery store then made statements allegedly threatening the store security when he was stopped. Attorney Topazio met with his client and learned that he went through the self check-out line and actually purchased other items. Attorney Topazio caused his client to obtain copies of his bank records showing the transaction. Attorney Topazio met with the Assistant District Attorney and argued that merchants who create self-checkout lines for their customers should assist them with these transactions when a problem is detected in lieu of having them arrested. Attorney Topazio was able to persuade the Assistant District Attorney to recommend giving his Client pre-trial probation as a method of resolving the case. Massachusetts General Laws Chapter 276, section 87 allows for the court to place a defendant on probation without admitting to sufficient facts and if that defendant is able to complete probation and abide by all the terms, the defendant is rewarded by having his case dismissed. Today, Attorney Topazio was able to convince the Court to adopt the joint recommendation of 3 months unsupervised pre-trial probation. Contact Attorney Topazio online today at www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • B & E Nighttime for Felony M.G.L. c. 266 § 16

    Practice Area:
    Criminal defense
    Date:
    Mar 07, 2012
    Outcome:
    All felony charges reduced to misdemeanor charges and client avoids committed time and convictions on his record by receiving CWOF on each of the reduced counts.
    Description:
    The client, a 20 year old College Student, was arrested on New Year’s Eve for breaking windows on motor vehicles, hired Attorney Steven J. Topazio to defend him. According to the police report, the Client was seen by police leaning through a broken front driver’s side window of a motor vehicle then run from police when they announced themselves. Attorney Topazio met with his client and learned that he was abandoned by his friends who left a party without him and then the Client was thrown out of a New Year’s Eve party and had no place to stay. Due to poor judgment and excessive drinking, the Client was looking for a car to spend the night in. Attorney Topazio obtained his client’s grades from school and shared them with the prosecutor to establish his client’s good character. Attorney Topazio pointed out that running from the police doesn’t meet the requirements of resisting arrest charge and persuaded the Prosecutor to dismiss that charge. Today, Attorney Topazio was successful in persuading the Commonwealth to reduce the remaining felony charges to misdemeanors on the condition that his client receive a CWOF despite his past criminal record which included convictions and committed time, and the court agreed. Contact Attorney Topazio online today at www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Possession With Intent to Distribute Class D Marijuana

    Practice Area:
    Criminal defense
    Date:
    Mar 07, 2012
    Outcome:
    All charges dismissed except Possession with intent charge where Client receives a CWOF and thus avoids a conviction on his record and is allowed to return to California unsupervised.
    Description:
    The client, a 27 year old musician with a Bachelors of Arts in music, was arrested after coming to Massachusetts form California, hired Attorney Steven J. Topazio to defend him. According to the police report, the Client was arrested after his reckless operation caused Boston Police detectives to effectuate a motor vehicle stop. When the Client could not produce a valid driver’s license, the police arrested the client for reckless operation and decided to tow the client’s motor vehicle instead of allowing his passenger to take it because it was a rental vehicle. When vehicles are towed at the direction of the police, the police are authorized to conduct an inventory search so as to safeguard the Client’s belongings. Instead of allowing the Client’s passenger to take possession of the client’s bag in the rear of the motor vehicle, the police decided to search it on the basis of a so-called inventory search prior to releasing it. Discovered inside the bag were multiple bags of marijuana weighing over a pound. When the Client was taken to the station for booking, he made a video confession that he possessed the marijuana with the intent of giving it to his friends that he owed money too. Attorney Topazio met with the prosecutor and argued that the marijuana was seized without probable cause. Attorney Topazio pointed out that the Inventory Procedure neither directs nor authorizes the police to open a closed "container" that may be found in the vehicle. The Inventory Procedure provides that it must not be used as "a pretext for an investigative search. Attorney Topazio argued that there must be at least a showing that it was conducted for some legitimate purpose other than a search for evidence. Despite this argument the Client did not want to proceed with a motion to suppress as the expense of flying back and forth from California was a costly one for the client. Today, Attorney Topazio was successful in convincing the Commonwealth to dismiss all charges against his client on the condition that his client receive a CWOF on the sole count of possession with intent to distribute and receive administrative probation and be allowed to return to California unsupervised, and the Court agreed. Contact Attorney Topazio online today at www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • OUI – Liquor or .08% M.G.L. c. 90 § 24(1)(a)(1)

    Practice Area:
    Criminal defense
    Date:
    Mar 06, 2012
    Outcome:
    All charges dismissed except OUI charge where Client receives a CWOF and thus avoids a conviction on his record.
    Description:
    The client, a 32 year old electrical engineer with a Masters degree, was arrested on Christmas Eve for OUI after crashing his car near Revere Beach, hired Attorney Steven J. Topazio to represent him. Attorney Topazio was confronted with facts that the State Police found the Client trapped in his motor vehicle which was on its side in the middle of the roadway. According to the police report the Revere Fire Department arrived on the scene and removed the Client from his car with the Jaws of Life. The Client, who was disoriented, and observed to be extremely unsteady on his feet, was described by the Trooper as having a strong odor of alcohol coming from his person. The Client was asked to submit to a field sobriety examination but was unable to perform any field sobriety tests due to his unsteadiness. Once at the State Police Barracks, the Client, after receiving his Miranda Warnings, submitted to a series of field sobriety tests but failed all of them according to the Troopers. The Client further submitted to an analysis of his breath (breathalyzer) and recorded a .23 BAC%. Under Massachusetts law, a defendant is presumed intoxicated if he receives a reading of .08 BAC% or greater. Due to the motor vehicle crash and the .23BAC%, Attorney Topazio met with the prosecutor to negotiate a resolution of his client’s case and persuaded the Commonwealth to dismiss all charges against his Client if she would accept a negotiated plea on the sole remaining OUI charge, and the Commonwealth agreed. Today, despite the Commonwealth’s recommendation of a guilty finding to be imposed on the OUI charge, Attorney Topazio persuades the Court to give his client a CWOF on the OUI charge on the condition that his client complete the court’s alcohol education program. Contact Attorney Topazio online today at www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.
  • Aggravated Assault and Battery M.G.L. c. 265 § 13A

    Practice Area:
    Criminal defense
    Date:
    Feb 29, 2012
    Outcome:
    At trial, evidence is excluded and the client avoids jail by tendering a plea to a reduced charge of Simple Assault and Battery and receives a suspended sentence.
    Description:
    The client, a 19 year old college student, was arrested after getting into an argument with his pregnant girlfriend who he accused of cheating on him. After a heated argument the Client was accused of punching his girlfriend in the stomach and slapping her in the face. According to the police report, after police received multiple 911 calls that a man was hitting a woman, officers responded to an assault in progress. When the police arrived, they questioned the defendant who responded that nothing was going on but made statements that his girlfriend was pregnant with his child and that she wants to have the baby and he does not want to have the baby because of the child support that is involved. The officers made observations of the girlfriend who had been crying and whose eyes were black and blue. After questioning several witnesses as to what happened, it was reported that the client twisted the girlfriend’s arms inward then punched her several times in the stomach and in the face, and the Client was arrested for Aggravated Assault and Battery. Aggravated Assault and Battery is a felony charge that was brought because the victim was pregnant, and carries a sentence of state prison not more than 5 years, or house of correction not more than 2 ½ years. Attorney Topazio was retained after the client’s initial counsel was unsuccessful at a 58A bail hearing where the defendant was held in custody and only released on cash bail with GPS monitoring. After months of investigation and discovery, Attorney Topazio obtained transcripts of all court proceedings and prepared his case for trial. Attorney Topazio discovered that the girlfriend was hospitalized one month prior to this incident and received injuries to the head due to fighting, which he argued were the cause of the bruising. Attorney Topazio obtained the hospital records and moved to exclude photographs of the girlfriend on that basis. Today, at trial, the court ruled favorably on Attorney Topazio’s request to exclude certain key pieces of the Commonwealth’s case, creating the opportunity to negotiate a resolution. Despite the Commonwealth’s request for a one year committed sentence upon a change of plea, Attorney Topazio was successful in convincing the Commonwealth to reduce the charge to simple Assault and Battery provided his Client accept a 9 month suspended sentence and complete a certified batterer’s program. Contact Attorney Topazio online today at www.topaziolaw.com or call 617-422-5803 to schedule a free consultation.