Attorney Topazio respects the privacy rights of his clients and as a result has omitted his clients' names from the following case descriptions. Additionally, docket numbers and dates of offenses may have been omitted at a client's request, as well as entire case summaries due to privacy concerns. This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. If you need additional information, call or e-mail Attorney Topazio directly regarding your specific concern.
August 15, 2008
Cambridge District Court
0852CR1287
Utter False Prescription ch 94C § 33(b)
Possession Class C (Clonazepam) ch 94C § 34
Defendant presented an altered prescription for a controlled substance to a CVS Pharmacy in Cambridge, MA. When the defendant was arrested, various pills were found in the defendant's pockets who could not provide a valid prescription for them. The Client hired Attorney Topazio who continued the case for a pre-trial hearing to gather evidence and to try to convince the prosecution to dismiss the charges. Although the prescription that the defendant presented was altered, by establishing that the defendant had a past prescription for the medications found on his person, Attorney Topazio was able to convince the District Attorney and the Court to dismiss the charges of Possession of a Class C substance prior to trial. With regards to the remaining charge, Attorney Topazio presented a defense of criminal responsibility regarding the uttering charge. The remaining charge of uttering a false prescription was continued for further hearing.
Result: Count for illegal possession dismissed. Case pending.
August 14, 2008
Wrentham District Court
Clerk Magistrate's Hearing
Show Cause Hearing
Application for Criminal Complaint
Domestic Assault and Battery ch 265 § 13A
Client, a mother of a young teenage child who suffers from disabilities was summons to court after admitting to striking her child after being confronted by him. The client hired Attorney Topazio to defend her in this matter. Attorney Topazio contacted the prosecuting detective and provided him with a copy of a 51A report completed by the Department of Social Services which indicated that there was no finding of abuse or neglect. At the show cause hearing, Attorney Topazio had the wife's husband attend the hearing so as to provide insight into the home life to the detective and clerk magistrate. Attorney Topazio convinced the clerk magistrate not to issue the complaint against his Client.
Result: Application for Complaint Dismissed.
August 13, 2008
South Boston District Court
Motor Vehicle Citation Hearing
Speeding
The defendant was the operator of a motor vehicle who was given a motor vehicle citation because he was caught speeding on the Mass Pike going 65mph in a posted 45mph zone. The defendant, who had several moving violation tickets pending, hired Attorney Topazio. Today, Attorney Topazio convinced a clerk magistrate not to issue the civil citation against the defendant despite his actions and past driving record.
Result: Not Responsible.
August 12, 2008
Framingham District Court
0749CR4296
Possession Class A ch 94C § 34
Possession Class B ch 94C § 34
Possession Class C ch 94C § 34
Possession Class E ch 94C § 34
The defendant, who was the back seat passenger of a motor vehicle which was stopped for a civil motor vehicle infraction, was arrested and charged with possession of multiple narcotics which were found in a container in the motor vehicle and for drugs found on his person. The arresting officer alleged that he saw a glassine bag in the motor vehicle, consistent with drug packaging, which justified his search. During booking procedures, heroine was found on the defendant. Plea negotiations had gone badly for the defendant who discharged his counsel and hired Attorney Topazio. Attorney Topazio moved to suppress all statements regarding ownership of the container allegedly made by the defendant, and all narcotics found arguing same were seized unlawfully. Following an extensive evidentiary hearing, Attorney Topazio convinced the court to suppress all statements made by the defendant regarding possession, custody or control of the container which contained drugs and further convinced the court to suppress the drugs found on the defendant when he was searched at the station. Attorney Topazio argued that the discovery of drugs found of the defendant should be suppressed pursuant to the fruits of the poisonous tree doctrine, and the Court agreed. Today during a lobby conference with the prosecution and the court, Attorney Topazio pointed out the difficulties in the prosecution's case as a result of the suppressed evidence. Although the prosecution agreed not to recommend incarceration upon a plea, the prosecution was insistent that the defendant must plead guilty to all counts to avoid incarceration due to the defendant's criminal record for drugs. Attorney Topazio rejected the offer to protect the defendant's job and license and was successful in convincing the court over the prosecutions objections to give the defendant a continuance without a finding "CWOF" with unsupervised probation on all counts. A "CWOF" instead of a guilty conviction protected the defendant's criminal record as it is not a conviction under state law and further prevented the Registry of Motor Vehicles from suspending the defendant's driver's license which would have occurred upon any conviction for a drug offense.
Result: Defendant avoids jail and protects his criminal record while at the same time avoids supervised probation. Most importantly he saves his job and prevents his driver's license from being suspended.
August 5, 2008
Roxbury District Court
Motor Vehicle Citation Hearing
Failure to Stop ch 89 § 9
The defendant was the operator of a motor vehicle who was given a motor vehicle citation because he failed to stop at a stop light. The defendant, who had been unsuccessful in the past in arguing his own traffic violation cases, hired Attorney Topazio. Today, Attorney Topazio convinced a clerk magistrate not to issue the civil citation against the defendant despite his actions and past driving record.
Result: Not Responsible.
August 1, 2008
Malden District Court
0550CR2978
0550CR3569
Probation Surrender
The defendant was on probation and had an 18 month suspended sentence on one case and 18 months suspended and straight probation on the remaining counts of a second case with a three year probationary period. As a condition of probation, the defendant was obligated to remain drug free, complete OCC level 3 and to obey all state federal and local laws. Eight months into his probation, the defendant relapsed on drugs, was rearrested on several drug offenses and ceased reporting to probation where a warrant issued for his arrest. After being in default for over one year, the defendant was arrested and faced a final surrender where his probation officer was recommending the imposition of the 18 month committed sentence. The defendant hired Attorney Topazio to represent him in his probation surrender. Attorney Topazio continued the final surrender several times so as to allow his client to enter into a detox and to receive treatment. Through the assistance of Attorney Topazio, the defendant began dealing with his substance abuse problems, attended treatment daily, and obtained a sobriety sponsor thereby regaining his sobriety before facing the court. During the final surrender hearing, Attorney Topazio convinced the court to terminate the defendant's lengthy probation upon a committed sentence of nine months, and the court agreed. The defendant stipulated to a violation of his probation and was committed for nine months instead of 18 months.
Result: The defendant regains his sobriety and agrees to a commitment of 9 months instead of 18 months where he will be parole eligible in 4 ½ months and when released from custody will no longer be on probation.
July 2, 2008
Malden District Court
0850CR1007
Carrying a Dangerous Weapon ch 269 § 10(b)
Possession Class B ch 94C § 34
Operating Motor Vehicle with Suspended license ch 90 § 23
Fail to Stop for Police ch 90 § 25
The defendant was arrested when he failed to stop for a State Trooper when ordered to do so. When speaking with the defendant the Trooper detected an odor of burnt marijuana coming from the defendant’s car and thereafter determined that the defendant’s driver’s license was suspended, arrested the defendant. Upon searching the motor vehicle, a machete and cocaine (secreted in the false bottom of a WD-40 can) were found in the trunk of the motor vehicle. The defendant hired Attorney Topazio. Attorney Topazio in preparing this case for trial convinced the prosecutor that the defendant could not be prosecuted for carrying a dangerous weapon because one cannot be found to be under control of a dangerous weapon (machete) found in the trunk of a car. As a result of the efforts of Attorney Topazio, the Commonwealth filed a Nolle Prosequi as to the dangerous weapon count. Through intensive negotiations, Attorney Topazio also persuaded the Commonwealth to dismiss the remaining charges if the defendant pleads to the remaining charge of possession of Class B. The defendant changed his plea and requested that he be placed on probation in lieu of jail, and the Court agreed.
Result: Three of the four counts against the defendant are dismissed, and the defendant avoids jail time by accepting probation for the cocaine secreted in the false bottom of a fake WD-40 can found in his possession.
June 27, 2008
Lynn District Court
0713CR4733
Unlawful presence at a place where heroin is kept or being in company of person in possession thereof ch 94C § 35
The defendant, who was observed in a drug transaction to purchase heroine was chased by police where two bags of heroine were found on the co-defendant. The defendant, who is on probation in a different court and is facing probation surrender hearing, initially represented himself, defaulted at the probation surrender hearing and defaulted at the pre-trial conference stage, hired Attorney Topazio. Attorney Topazio continued the probation case and had the defendant enter a 30 day detox at Spectrum Health Systems, and continued the open case for pre-trial hearing. Today, Attorney Topazio convinced the Commonwealth to drop the charge against the defendant in consideration of his rehabilitation, which the Court accepted.
Result: Case dismissed
June 24, 2008
Framingham District Court
0749CR4296
Possession Class A ch 94C § 34
Possession Class B ch 94C § 34
Possession Class C ch 94C § 34
Possession Class E ch 94C § 34
The defendant, who was the back seat passenger of a motor vehicle which was stopped for a civil motor vehicle infraction, was arrested and charged with possession of multiple narcotics which were found in a container in the motor vehicle and for drugs found on his person. The arresting officer alleged that he saw a glassine bag in the motor vehicle, consistent with drug packaging, which justified his search. During booking procedures, heroine was found on the defendant. Plea negotiations had gone badly for the defendant who discharged his counsel and hired Attorney Topazio. Attorney Topazio moved to suppress all statements regarding ownership of the container allegedly made by the defendant, and all narcotics found arguing same were seized unlawfully. Following an extensive evidentiary hearing, Attorney Topazio convinced the court to suppress all statements made by the defendant regarding possession, custody or control of the container which contained drugs and further convinced the court to suppress the drugs found on the defendant when he was searched at the station. Attorney Topazio argued that the discovery of drugs found of the defendant should be suppressed pursuant to the fruits of the poisonous tree doctrine, and the Court agreed.
Result: Inculpatory statements linking defendant to the container and the drugs found on his person were suppressed. Case pending.
June 20, 2008
Boston Municipal Court
0801CR3430
Malicious Destruction of Property over $250 ch 266 § 12
Resting Arrest ch 268 § 32B
The defendant was arrested for damaging a scooter parked on the side of the road and then resisting arrest. The defendant who was chased by police refused to submit to their lawful commands and when he attempted to strike the officers when he became combative was thereafter sprayed in the face with oleoresin capsicum (mace). Attorney Topazio met with prosecutors in an attempt to resolve the charges short of trial and requested that the case be submitted to mediation. The defendant committed these acts while on probation for an OUI offense from a different court and thus needed to avoid a conviction so as to prevent his probation from being violated. Today, Attorney Topazio convinced the Court and the Commonwealth to place the defendant on pre-trial probation pursuant to ch 276 § 87 on the condition that he pay restitution for the damage caused to the scooter, attend AA/NA and submit to random drug testing.
Result: Defendant avoids a conviction provided he successfully completes the terms of his pre-trial probation which will result in his case ultimately being dismissed. Defendant also avoids being violated by probation as he did not have to admit to any charges when placed on pre-trial probation.
May 12, 2008
South Boston District Court
0803AC143
Failure to Stop for Police ch 90 § 25
Negligent Operation ch 90 § 24
Leaving the Scene of Property Damage ch 90 § 24(2)(a)
Marked Lanes Violation ch 89 § 4A
Failure to keep Right ch 89 § 24
Speeding ch 90 § 17
The defendant was accused of speeding through a construction site, running over orange cones, failing to stop for a police officer when signaled then crashing his car into a light pole and fleeing the scene on foot. The defendant filed a stolen motor vehicle report but received a motor vehicle citation via the mail and thereafter represented himself at a clerk’s hearing but was unsuccessful. The officer who initially only brought civil motor vehicle charges against the defendant thereafter brought criminal charges against the defendant after the clerk’s hearing and issued a second set of motor vehicle citations some five months after the initial incident. The defendant represented himself again at a subsequent clerk’s hearing and lost again. The defendant, who is in the United States Marine Corps, received his involuntary deployment papers during this hearing process and could not afford a conviction or had the time to fight this case in court, hired Attorney Topazio. Attorney Topazio advanced the case and filed a pretrial motion to dismiss the complaint. The grounds for dismissal was based on the fact that the police had failed to make a timely delivery of the citation pursuant to G.L. c. 90C, §2, the “No-Fix Statute”. Compliance with G.L. c. 90C, §2, requires a copy of the citation of a motor vehicle offense to be delivered to the accused at the time and place of the violation or within a reasonable time thereafter. Today Attorney Topazio convinced the Court that a delay of five months was unreasonable and violated the no-fix statute. All charges against the defendant were dismissed.
Result: Case dismissed, Defendant protects his criminal record, and does not violate his deployment orders from the US Marine Corps and is deployed on schedule.
May 9, 2008
New Bedford Superior Court
0834CR1573
OUI-Liquor or .08 (Fifth Offense) ch 90 § 24
Negligent Operation ch 90 § 24(2)(a)
Leaving the Scene of Property Damage ch 90 § 24(2)(a)
Marked Lanes Violation ch 89 § 4A
The defendant was accused of drunk driving after he crashed his motor vehicle into a tree near his home and then left the scene. The defendant was thereafter stopped and arrested and admitted to getting into the accident and leaving the scene. The defendant submitted to field sobriety tests and took a breathalyzer exam where the result was .14. At the Attleboro District Court where the defendant was arraigned, he was charged with a fifth offense OUI, where he is facing a mandatory two and one half year jail up to five year state prison sentence if convicted, was held without bail pending a dangerous hearing. The defendant hired Attorney Topazio to represent him in this case. Attorney Topazio appealed the defendant's bail to Superior Court after he was held without bail after being found a danger to the community. Attorney Topazio established by clear and convincing evidence after a hearing that there were conditions of release that would reasonably assure the safety of the community and a Justice of the Superior Court released the defendant on those conditions which included among other things a GPS tracking devise and alcohol monitoring. This case is presently pending in the Attleboro District Court.
Result: Defendant released from custody pending trial.
May 6, 2008
Chelsea District Court
Application for Criminal Complaint
Possession of Class D ch 94C § 34
The defendant was in a motor vehicle with four other individuals smoking marijuana late at night when the motor vehicle was stopped by State Police for a motor vehicle violation. The State Trooper smelled marijuana when questioning the operator and after being questioned, the trooper recovered a half smoked joint from the defendant. Instead of arresting the defendant the trooper summonsed him to court to face a clerk's hearing on an application for criminal complaint for possession of marijuana. Instead of representing himself, the defendant who had a previous record for possession of marijuana, hired Attorney Topazio. Today, Attorney Topazio convinced a clerk magistrate not to issue the criminal complaint against the defendant despite the strength of the Commonwealth's case and the defendant's prior record.
Result: Application for Criminal Complaint dismissed.
May 5, 2008
Dorchester District Court
Motor Vehicle Citation Hearing
Impeded Operation ch 90 § 13
Yield to Pedestrian ch 89 § 11
The defendant was the operator of a motor vehicle who was given a motor vehicle citation because she failed to yield to pedestrians in a crosswalk due to talking on her cell phone. The defendant, who had been unsuccessful in the past in arguing her own traffic violation cases, hired Attorney Topazio. Today, Attorney Topazio convinced a clerk magistrate not to issue the civil citations against the defendant despite her actions and past driving record.
Result: Not Responsible.
May 2, 2008
Boston Municipal Court
(Omitted due to expungment)
Seal criminal records M.G.L. c. 276, §§ 100A, 100C
The defendant a professional individual hired Attorney Topazio to seal his criminal record which consisted of a conviction to possess with intent to distribute a class B substance. The defendant was pursuing further employment in his area of expertise which he had been prevented from doing due to his criminal record. Attorney Topazio petitioned the court to expunge the defendant's criminal record. Attorney Topazio convinced the judge to seal the Client's record based on a compelling state interest and now he can truthfully answer on any job or school application that he has no record despite being arrested, charged and convicted of a crime.
Result: Case Permanently Sealed.
April 23, 2008
Charlestown District Court
0804CR0007
Operating after Suspension ch 90 § 23
Operating with Suspended Registration ch 90 § 23
Possession of Class D ch 94C § 34
The defendant who had been stopped by police due to a revoked registration was arrested for possession of Marijuana which was found on his person and in the vehicle. The defendant's criminal record reflected multiple committed jail sentences for possession of marijuana and other drug related offenses. The defendant discharged his prior counsel who recommended jail time on a change of plea, and hired Attorney Topazio to keep him out of jail. Attorney Topazio directed the defendant to attend AA or NA and to get into an outpatient counseling program to deal with his drug program. Attorney Topazio also had the defendant repair his license problems and pay all fines prior to court. Attorney Topazio made sure that the defendant had a period of sobriety and would pass a urine screen test if requested by the court. By accentuating all the positive steps the defendant was taking to address his drug problem, Attorney Topazio was able to fashion a plea sentence and convince the court that the defendant would be better served by remaining in the programs which were addressing his substance problem instead of taking him out of those programs and incarcerating him. The court agreed and placed the defendant on a suspended sentence instead of incarcerating him after a change of plea.
Result: Defendant avoids jail time.
April 18, 2008
Somerville District Court
0710CR2705
Marked Lanes Violation ch 89 § 4A
OUI-Drugs ch 90 § 24(1)(a)(1)
Fail to Stop & Yield ch 89 § 9
The defendant who allegedly ran a red light in the city of Somerville was stopped by a Somerville police officer in the town of Arlington. The defendant was ordered out of his motor vehicle at gun point and asked to recite the alphabet which the officer reported that he successfully completed. The officer described the defendant as being confused, having blood shot and glassy eyes, and having exaggerated mood swings. Upon inquiry, the defendant admitted to being on prescription medications. The defendant was arrested for OUI prescription medications and submitted to a breathalyzer where the result was 0.00. Attorney Topazio filed motions to inspect physical evidence and to suppress evidence in the case. The case was continued for a suppression hearing in which Attorney Topazio challenged the probable cause for the stop arguing that the arresting officer lacked probable cause to arrest the defendant and also exceeded his official authority to make a warrantless arrest outside his territorial jurisdiction of his appointment. During the suppression hearing, the arresting officer testified that the defendant successfully completed a second set of field sobriety tests that the officer administered to the defendant at the station which were video taped. Attorney Topazio argued that the suppression hearing essentially elicited all the evidence that would be presented if this case went to trial and agreed with the Court to convert the suppression hearing into a jury waived trial. Attorney Topazio was successful in persuading the Court to enter a required finding of not guilty on behalf of the defendant ending the case.
Result: Not guilt.
April 14, 2008
Marlborough District Court
0721CR0845
OUI-Liquor or .08 (Fourth Offense) ch 90 § 24
Leaving the Scene of Property Damage ch 90 § 24
Speeding ch 90 § 17
The defendant who had been drinking at a local establishment was involved in a one car accident and then left the scene. The defendant was thereafter stopped and arrested and admitted to having two drinks; getting into the accident and leaving the scene of the accident due to being nervous. The defendant submitted to field sobriety tests and took a breathalyzer exam where the result was .12. The defendant, was charged with a fourth offense OUI, and was facing a mandatory two year jail sentence if convicted, discharged his previous counsel and hired Attorney Topazio. Attorney Topazio researched the defendant's record of prior convictions and discovered that two of the previous OUI convictions were resolved at the same time and argued that those two convictions should be treated as one for purposes of the subsequent offenses. Attorney Topazio also presented a defense to the Commonwealth illustrating that the breath test result of .12 was inconsistent with the actual known quantity of alcohol consumed by the defendant and could be explained as the result of a side effect from prescription medication the defendant was taking. Attorney Topazio showed that the side effect of the medication (lactic acidosis) can result in a false positive test to ethanol. Through intensive pre-trial negotiations, attacking the prior convictions and developing a trial strategy, Attorney Topazio was able to persuade the prosecutor to reduce the fourth offense OUI charge to a second offense OUI charge upon a change of plea conditioned upon a two week inpatient hospitalization in lieu of jail time.
Result: Defendant avoids mandatory two year jail sentence upon a plea to reduced charges which required a two week inpatient hospitalization.
April 7, 2008
Brighten District Court
0708CR1982
Marked Lanes Violation ch 89 § 4A
OUI-Liquor or .08 ch 90 § 24
Speeding ch 90 § 17
Negligent Operation of MV ch 90 § 24(2)(a)
The defendant who had been drinking with friends was stopped by State Police due to a marked lanes violation and speeding on Storrow Drive. The defendant was subsequently arrested and issued a citation which did not allege a marked lanes violation despite this fact as being the police officer's basis for the motor vehicle stop. The client, who allegedly failed field sobriety tests according to the officer, also refused to submit to a breath test at the station which resulted in his license being suspended for 180 days. Attorney Topazio filed motions to inspect physical evidence and to suppress evidence in the case. The case was continued for a suppression hearing challenging the probable cause for the stop. Prior to the hearing, but after intensive investigation, Attorney Topazio met with the prosecuting attorney and pointed out that the copy of the criminal citation filed with the court had been altered and included violations that were not on the original citation given to the defendant when arrested. Attorney Topazio convinced the prosecutor that the police engaged in misconduct and his reputation impugned if he testified to altering the documents. At the suppression hearing, the prosecutor filed a Nolle Prosequi which caused the entire case against the defendant to be dismissed. Following the dismissal, Attorney Topazio filed a motion to reinstate the client's driver's license which was allowed by the court.
Result: Case dismissed and driving privileges restored.
March 28, 2008
Boston Municipal Court
0801CR0757
Assault & Battery ch 265 § 13A
Resisting Arrest ch 268 § 32B
A&B on Public Employee ch 265 § 13D
Possession Class B (Cocaine) ch 94C § 34
The defendant while at a downtown nightclub in Boston was involved in an altercation where a patron was injured. In the process of being removed from the club by bar staff, the defendant resisted being placed under arrest by a detail police officer who was bitten by the defendant on the hand. During the booking process, the defendant was found to be in possession of cocaine. The defendant is a member of IBEW Union Local 104 who possesses a CDL Class B driver's license as a condition of his employment. Fearing incarceration and the loss of his license and employment, the defendant hired Attorney Topazio. Prior to the scheduled pre-trial conference, Attorney Topazio met with the injured police officer and prosecution to negotiate a favorable plea bargain. Although the prosecution agreed not to recommend incarceration upon a plea, the prosecution was insistent that the defendant must plead guilty to all counts to avoid incarceration. Attorney Topazio rejected the offer to protect the defendant's job and license and prepared the case for trial. Through intensive pre-trial preparation, Attorney Topazio was successful in convincing the court over the prosecutions objections to give the defendant a continuance without a finding "CWOF" with unsupervised probation on all counts if the defendant executed an alternative sentence form which would automatically impose guilty findings on all counts should the defendant fail to obey any local, state and federal criminal laws and court orders while on unsupervised probation. A "CWOF" instead of a guilty conviction protected the defendant's criminal record as it is not a conviction under state law and further prevented the Registry of Motor Vehicles from suspending the defendant's driver's license which would have occurred upon any conviction for a drug offense.
Result: Defendant avoids jail and protects his criminal record while at the same time avoids supervised probation. Most importantly he saves his job and union membership and prevents his CDL driver's license from being suspended.
March 19, 2008
Boston Municipal Court
0701CR7470
0601CR6968
Possession with Intent to Distribute (Crack Cocaine) ch 94C § 32A
School Zone ch 94C § 32J
Conspiracy ch 94C § 40
The defendant while in downtown Boston was approached by two undercover police officers and asked where they could buy drugs. The defendant didn't know but agreed to assist the undercover police officers find someone to buy drugs from. When a seller was located the defendant was charged as a joint venturer with the Seller and held on bail and his bail on a case he was on probation for was revoked. The defendant who had been representing himself pro-se was languishing in custody until Attorney Topazio got involved. Attorney Topazio filed a Motion to Dismiss the charges on the theory that the defendant could not be found guilty on a joint venture theory in the sale of drugs since he was assisting undercover police only to buy drugs and merely present when the crime occurred. Although the motion was continued to a future date to give the Commonwealth time to prepare for oral argument, Attorney Topazio was successful in convincing the Court to release his client from custody on personal recognizance. Case pending.
Result: Defendant released on personal recognizance.
March 10, 2008
Somerville District Court
0810CR0188
OUI-Liquor or .08 ch 90 § 24
The defendant who had been drinking with a friend became intoxicated and got lost on his way home. He was observed by a private citizen operating erratically and caused the private citizen to strike a snow bank damaging her car. The private citizen called police on her cell phone and reported the incident. The private citizen thereafter followed the defendant through multiple towns keeping the police apprised of the defendant's erratic operation and location until they arrived. The defendant submitted to field sobriety tests and did not do so well but refused the breathalyzer. The breathalyzer refusal resulted in a six (6) month suspension of his driver's license. Unfortunately, due to the defendant's lack of sobriety he could not recall the circumstances of his arrest or assist in his defense. The defendant hired Attorney Topazio to represent him in this matter and to get his license back as soon as possible. Attorney Topazio requested that the Commonwealth produce the turret tapes of the private citizen cell phone transmissions and the booking video of the defendant and continued the case for a pre-trial conference. At the pre-trial conference, Attorney Topazio was able to convince a Judge not to find the defendant guilty but to impose a continuance without a finding "CWOF" upon an admission to sufficient facts on the condition that he enter into an alcohol education program and to receive a hardship driver's license.
Result: Defendant was allowed to admit to sufficient facts to a misdemeanor charge, avoid a criminal conviction and receive a hardship license upon entering an alcohol education program despite the six (6) month license suspension for refusing to take a breathalyzer.
March 4, 2008
Peabody District Court
0886CR0477
Trafficking in Heroin/Morphine/Opium over 80mg ch 94C § 32E(c)
Conspiracy ch 94C § 40
Drug violation near school/park ch 94C § 32J
The defendant was charged with trafficking in opium (oxycontin) with a net weight of over 80mg. The defendant was present with a co-defendant who was the target of a controlled drug buy when defendant was questioned by police. Without requesting counsel, the client answered police questions and admitted that he was the source of the oxycontins and made several other incriminating statements leading to his arrested. The defendant hired Attorney Topazio after posting bail. Today Attorney Topazio represented defendant at arraignment and secured his release despite the prosecutor's request to hold the defendant on increased bail due to the mandatory time faced by the defendant and his involvement in this and past drug transactions. Case pending.
Result: Defendant released on personal recognizance.
February 11, 2008
Boston Municipal Court
0701CR4655
Larceny Over $250 ch 266 § 30
Utter False Instrument ch 267 § 5
The defendant was charged with presenting a forged check to TD Banknorth, NA for payment which paid same. The check was later found to be stolen and forged. The defendant, the named payee on the check, argued that he did not know that the check was stolen let alone forged but thought he received the check from the maker in exchange for services rendered. Attorney Topazio pushed the case to trial. At trial in the Boston Municipal Court, the Commonwealth did not produce the maker of the check but argued that the signature on the check did not match the signature on the bank's signature card and therefore argued that the check was fraudulent. Attorney Topazio was successful in convincing the court that one cannot speculate as to whether the maker did not authorize the signature on the check or sign the check himself without evidence to the contrary. As a result of the Commonwealth not being able to establish that the defendant acted intentionally, or that the check was fraudulent, the defendant was found not guilty on both counts.
Result: Not Guilty after trial on all counts.
February 8, 2008
Chelsea District Court
0714CR4223
Utter False Prescription ch 94C § 33(b)
Defendant presented an altered prescription for Oxycodone and Zolpidem to a CVS Pharmacy in Revere, MA. Attorney Topazio continued the case for a pre-trial hearing to gather evidence and to try to convince the prosecution to dismiss the charges. By establishing that the defendant had a past prescription for the medications Attorney Topazio was able to convince the court that although the prescription was altered, the defendant in fact had a valid prescription for Oxycodone and Zolpidem and was able to convince the Commonwealth to dismiss the charges prior to trial. The Court agreed.
Result: Case Dismissed.
Brighton District Court
February 7, 2008
0708CR1858
Trafficking in Cocaine over 28 grams ch 94C § 32E(b)
The defendant was charged with trafficking in cocaine with a net weight over 28 grams in a School Zone and faced a minimum mandatory sentence of five (5) years to state prison for the trafficking charge followed by a mandatory two (2) years from and after sentence for a school zone violation. The drugs in this case were obtained via a search warrant of the defendant's home. The defendant was also charged with a hand to hand sale to an undercover officer and charged with this offense. The facts of the hand to hand sale were used to support the issuance of the search warrant. Attorney Topazio challenged the basis for the issuance of the warrant and was successful pre-indictment. Through counsel's efforts, the Commonwealth agreed not to indict the defendant and dismissed the Trafficking in Cocaine charge. Upon an acceptance of responsibility and agreement to plea to one count and receive a two year house of corrections sentence, the Commonwealth further dismissed a distribution of cocaine and school zone charges upon a tender to the lesser charge of possession with intent to distribute, which the defendant accepted thus avoiding mandatory state prison jail time.
Result: Client avoids indictment, has five of six charges against him dismissed, avoids state-prison and the minimum-mandatory three-year sentence, and two-year on and after sentence; and will be released from the house of correction in February 2009.
January 29, 2008
Edgartown District Court
0735CR0526
Domestic Assault and Battery ch 265 § 13A
Accord and Satisfaction ch 276 § 55
The defendant was charged with assault and battery on his girlfriend while at a drinking establishment in the Town of Oak Bluffs. Police witnessed the defendant strike his girlfriend. The girlfriend was interviewed by police and also confirmed police observations. The defendant unsuccessfully tried to get the charges against him dropped and the Commonwealth pushed the case towards trial. The defendant hired Attorney Topazio to try the case. Attorney Topazio continued the case for trial but also had the complaining witness (girlfriend) execute an Accord and Satisfaction giving the Court discretion to dismiss the charges over the prosecutor's objections. The Commonwealth argued that the Assault & Battery occurred in the context of domestic violence and that the defendant may have intimidated the girlfriend into signing the accord and satisfaction. The court, after a hearing on the motion, took the defendant's motion under advisement and notified Attorney Topazio prior to the scheduled trial dated that the motion was allowed. Attorney Topazio was able to use an underutilized statute to allow for private agreements to end a criminal prosecution.
Result: Case dismissed
January 25, 2008
Chelsea District Court
0814CR0011
Possession Class B ch 94C § 34
Fugitive From Justice on Court Warrant ch 276 § 20A
The defendant was a passenger in a motor vehicle which was stopped by state police when the police observed a rejected inspection sticker. The defendant was the front seat passenger who was observed to be in violation of the seat belt law. A check of the defendant revealed an NCIC warrant out of New York and the defendant was arrested. The defendant also had a warrant out of the Chelsea District Court. During an inventory search of the motor vehicle, cocaine was discovered and the defendant was additionally charged with possession. At arraignment, the defendant, who also had been on probation, had his bail revoked and held without bail. Attorney Topazio successfully negotiated with the probation officer not to violate the defendant and commit him to the House of Correction but to release him to answer to New York authorities. The Court agreed.
Result: Defendant released to New York authorities and avoided significant committed jail time in Massachusetts.
Chelsea District Court
Possession with Intent to Distribute (Marijuana) ch 94C § 32A
School Zone ch 94C § 32J
The defendant who was stopped for an alleged motor vehicle violation was found to be in possession of a large sum of United States currency and over 18 pounds of marijuana which was discovered in the trunk of the motor vehicle. The defendant hires Attorney Topazio who gets him released on bail. The defendant was initially charged with possession with intent to distribute in a school zone and faced mandatory jail time. Through intense investigation and preparation for a motion to suppress challenging the motor vehicle stop, Attorney Topazio was successful in discovering evidence that the motor vehicle stop may have been pretextual or contrived thus allowing Attorney Topazio to persuade the Commonwealth not to indict the defendant. Attorney Topazio was thereafter further successful in persuading the prosecutor on a change of plea to drop the School Zone charge and getting him to agree to give the defendant a continuance without a finding "CWOF" on a plea to the remaining charge instead of a guilty finding. A CWOF instead of a guilty conviction protected the defendant's criminal record as it is not a conviction under state law and further prevented the Registry of Motor Vehicles from suspending the defendant's driver's license which would have occurred upon any conviction for a drug offense.
Result: School zone charge dismissed and defendant avoids mandatory jail time and further protects his criminal record and saves his driver's license.
January 11, 2008
Chelsea District Court
0714CR3489
Abuse Prevention Order Violation, ch. 209A § 7
Wife who had a restraining order against her husband approached him in public and demanded money from him. Instead of leaving to avoid a violation of the restraining order, the husband, who tried to calm his wife down went to an ATM with her, got money and gave it to her. These events were witnessed by police who knew the wife had an outstanding restraining order against the husband and as a result the husband was arrested. At trial in the Chelsea District Court, Attorney Topazio was able to successfully convince the Court and district attorney not to proceed with the case but to place the defendant on pretrial probation despite the strength of the Commonwealth's case.
Result: Case Dismissed after period of pretrial probation.
January 10, 2008
Boston Municipal Court
0701CR6718
Assault and Battery ch 265 § 13A
Trespass ch 266 § 123
Defendant, the ex-girlfriend of the co-defendant, was charged with assault and battery when she came upon her ex-boyfriend engaged in sexual intercourse with another woman and then engaged that woman in a physical altercation. The boyfriend was charged with forcible Rape, and the defendant charged with Assault and Battery and trespass. The Commonwealth was considering indicting the defendant as a joint venturer in the Rape case. Attorney Topazio, through intensive investigation, established that there was insufficient evidence to charge the defendant as a joint venturer in the Rape case and pressed the Court to hold a probable cause hearing. Attorney Topazio was successful in preventing rape charges from issuing against the defendant and further persuaded the Commonwealth to file a Nolle Prosequi with the court on the Assault and Battery and Trespass charges, thus ending the case.
Result: Case Dismissed and defendant avoids Superior Court indictment.
December 19, 2007
Boston Municipal Court
0701CR4708
Threat to Commit a Crime (via Internet) ch 275 § 2
The defendant was accused of using the internet to send a threatening email to his wife's employer. Client decided to represent himself at a clerk's hearing and things did not go well for him. In the aftermath of the hearing, Client hired Attorney Topazio. At the arraignment, Attorney Topazio successfully established that the Commonwealth could not link the defendant to the I.P. address identified where the threat came from and convinced the Court not to arraign the defendant, but continued the case for arraignment so as to give him time to clear his name. After several court appearances, Attorney Topazio presented an alibi defense for the defendant and convinced the Commonwealth to dismiss the charge against the defendant prior to arraignment. The Court accepted the Commonwealth's request for dismissal prior to arraignment.
Result: Case dismissed prior to arraignment thus preserving the defendant's board of probation record as this charge would have appeared on his criminal offender record information (CORI) if the case were dismissed after arraignment.
December 17, 2007
Boston Municipal Court
0701CR6713
False Application for MV License & procuring Forged RMV document ch 90 § 24B
Defendant who provided a false name to the Registry of Motor Vehicles and obtained a fraudulent drivers license, was arrested when his true identity was discovered. Attorney Topazio continued the case for a pre-trial hearing to try and persuade the Commonwealth to resolve the case short of trial. Through extensive pretrial efforts in assisting the defendant to pay restitution and court costs, and assisting defendant in obtaining a true driver's license, Attorney Topazio was able to successfully convince the prosecutor to drop all charges against the defendant. The Court granted the Commonwealth's request to dismiss all charges.
Result: Case Dismissed.
December 17, 2007
Boston Municipal Court (Jury Appeal)
South Boston District Court
0703CR0717
Intimidation of a Witness ch 268 § 13B
Threats to commit a crime ch 275 § 2
The defendant was arrested for the charges of intimidation of a witness and threats to commit a crime in the South Boston District Court. It was alleged that the defendant was overheard by a court officer stating that a third party probation officer was going to get hit. Prior counsel for the defendant tried to get the defendant to accept a negotiated plea bargain and probation to avoid jail time which the defendant refused. The defendant discharged her prior counsel and hired Attorney Topazio to try her case in the jury session of the Boston Municipal Court. As successor counsel for defendant, Attorney Topazio filed a Memorandum of law and brought a motion to dismiss the charges on the theory that the charges against the defendant were improperly obtained and requested that the case be remanded to the South Boston District Court for a Clerk's Hearing. Attorney Topazio was successful in convincing the Court that the Commonwealth could not establish that the words overheard by a third party eavesdropper were intended to be communicated to the party to establish the crime of threats, who additionally was a witness in a Court proceeding regarding the defendant's son that had already been concluded. As a result, instead of a negotiated plea, the Commonwealth on its own motion moved to dismiss the case.
Result: Case Dismissed.
December 11, 2007
Dorchester District Court
0707CR2810
0707CR2742
False MV Insurance Claim ch 266 § 111B
Attempt to Commit a Crime ch 274 § 6
Conspiracy ch 274 § 7
Defendant was charged with insurance fraud when he was accused of being part of a staged motor vehicle accident in Dorchester, MA. The defendant was accused of crashing his car into that of another individual repeatedly and then claiming that it was an accident. The insurance claim was denied and investigated by the Insurance Fraud unit when Attorney Topazio was hired. At trial, Attorney Topazio used the Commonwealth's own accident reconstruction expert hired by Hanover Insurance Co. to investigate the claim against the Commonwealth be eliciting that the physical damage comparisons of the involved vehicles analyzed by Hanover Insurance Co. was flawed where only one car was examined and only photos of the second car were looked at. As a result of the challenge to the Commonwealth's expert, the Commonwealth offered and the defendant accepted an admission to sufficient facts to a lesser charge of Attempt to Commit a Crime and received a disposition of continuance without a finding with an unsupervised probation.
Result: Felony complaints against the defendant were dismissed and defendant was allowed to admit to sufficient facts to a misdemeanor charge and receive an unsupervised probation.
November 11, 2007
Boston Municipal Court
0701CR4717
Open and Gross Lewdness ch 272 § 16
The defendant a professional individual was charged with open and gross lewdness for conduct while at a urinal in a bathroom at South Station. The conduct observed was described as that other than urination. Open and Gross Lewdness is a sex offender registry crime requiring the individual to register as a sex offender and to be outfitted with a GPS devise for tracking if convicted. The prosecution initially sought a conviction on the case and was unwilling to drop the charges. The Commonwealth wanted the defendant to admit to the offense to avoid jail time. Client therefore hired Attorney Topazio, who scheduled the case for a pre-trial conference in an attempt to persuade the prosecutor to change his mind. Attorney Topazio scheduled a conference with the court and succeeded in convincing the prosecutor to recommend pre-trial probation for the Client. The judge agreed. This means that Client does not admit to any crime, and instead needs only to stay out of further trouble. The case will ultimately be dismissed with no repercussions for Client's record.
Result: Case Dismissed. Client Avoids a Conviction and Completely Avoids the Sex Offender Registry.
September 24, 2007
Lowell District Court
0711AC1426
Application for Criminal Complaint
The defendant, an out of state attorney, was charged with defacement of property of a local hotel in Billerica Massachusetts after causing severe damage to his room. The defendant hired Attorney Topazio to represent him at a hearing before a clerk magistrate. Attorney Topazio first arranged for a meeting with the police prosecutor, then negotiated with the hotel manager regarding restitution. Today, Attorney Topazio convinced an assistant clerk magistrate not to issue a criminal complaint against the defendant. The defendant's criminal record remains unblemished and client's law license is unaffected.
Result: Application for Criminal Complaint dismissed.
Norfolk Superior Court
CR 2006-00060
Assault to Murder ch 265 § 15 and
Assault and Battery with a Dangerous Weapon ch 265 § 15B
The defendant, who was in the military reserves, was with two other army reservists and a third individual out drinking prior to being deployed to Iraq. After leaving a drinking establishment at Marina Bay in Quincy, the defendant and his friends were accosted by a group of people who objected to their singing military cadence songs and a fight broke out. The defendant fought with an individual who was later stabbed by a co-defendant who was not an army reservist. During the fight, a total of two individuals were stabbed. The defendant gave a statement to police without the advice of counsel and things did not go well for him and he was charged with Assault to Murder and Assault and Battery with a Dangerous Weapon. The defendant hired Attorney Topazio to defend him in this case. Attorney Topazio challenged the indictment In Norfolk Superior Court with the filings of various motions. Attorney Topazio was successful in convincing the Court to dismiss the assault to murder charges. Attorney Topazio argued that the indictment was defective on the theory that the grand jury had insufficient evidence on the joint venture theory and could not establish that the defendant knew that his companion was going to stab the victim merely by being present at the scene of the crime.
Result: Case Dismissed and the defendant was allowed to be deployed to military service.
July 6, 2007
North Reading Police
Accord and Satisfaction
The defendant was accused with vandalizing a neighbor's house. When confronted by detectives who were investigating the case, the client hired Attorney Topazio. Attorney Topazio successfully protected his client from being charged criminally and entered into an Accord and Satisfaction with the neighbor for her damages. As a result of the civil settlement, and by keeping the police informed of the resolution, the police agreed not to press criminal charges.
Result: No Criminal charges issued and case settled out of court with police.
May 25, 2007
Plymouth District Court
Clerk Magistrate's Hearing
Shoplifting ch 266 § 30A
Client, a mother of small children was shopping in Wal-Mart and accused of shoplifting by asportation. The client received a summons to appear at a clerk's hearing to answer to the charges. Attorney Topazio convinced the assistant clerk magistrate not to issue the complaint against Client.
Result: Application for Complaint Dismissed.
March 29, 2007
Board of Registration in Pharmacy
PH 06-076
Complaint for Discipline/Failure to adhere to the standards of practice in pharmacy
The client, a pharmacist, diverted federally controlled substances for his own use from a pharmacy where he was employed. The defendant hired Attorney Topazio to prevent his license from being suspended and to prevent criminal charges from being filed against him. Attorney Topazio suggested that the client voluntarily resign from his position of employment and then arranged for a meeting with the special investigator from the Department of Public Protection, and presented mitigating factors for the client's actions. Attorney Topazio established that no members of the public's health were put at risk by the client's actions. Attorney Topazio was persuasive in getting the Board to issue an Advisory Letter against the client, which did not constitute discipline, instead of suspending his license. The defendant's criminal record remains unblemished and client's pharmacy license was unaffected.
Result: Complaint for Discipline dismissed and no criminal charges issued.
March 14, 2007
Chelsea District Court
(Omitted due to expungment)
Seal criminal records M.G.L. c. 276, §§ 100A, 100C
The defendant an Inspector for the MBTA hired Attorney Topazio to seal his criminal record which consisted of two counts, one for assault and battery and the other for threats. The defendant was pursuing further employment with the MBTA and was applying for an upper management position which was a safety sensitive position dealing with issues regarding his company's business dealings. Attorney Topazio convinced the judge to seal the Client's record based on a compelling state interest and now he can truthfully answer on any job or school application that he has no record despite being arrested, charged and convicted of a crime.
Result: Case Permanently Sealed.
November 9, 2006
United States District Court
06-40003
Structuring to Avoid Reporting Requirements 31 U.S.C § 5324(a)(3)
The defendant was investigated by postal inspectors who discovered that the defendant attempted to send $18,000 in money orders in a package which unfortunately could not be delivered. The defendant admitted to inspectors that he purchased 18 money orders from nine different post offices because he knew that if he asked for money orders in the amount of $3,000, the clerks would require him to complete paperwork and would ask for identification. The defendant told inspectors that he did not want to tell clerks about the source of the money. The defendant, who was arrested and further detained on an immigration detainer due to outstanding ICE deportation proceedings, hired Attorney Topazio. The U.S. Attorney tried to link the defendant with an interstate drug ring and laundering money in excess of $100,000. Attorney Topazio was successful in preventing the establishment of the drug link thus limiting his client's exposure. Despite facing a maximum term of imprisonment of 5 years in federal custody, Attorney Topazio was successful in obtaining the defendant's release from custody on a sentence of time served after being held for 12 months.
Result: Defendant avoids additional more serious charges and pleads to time served.
March 1, 2006
Middlesex Superior Court
CR 2005-00054
Armed Robbery ch 265 § 17
The defendant was charged as an accomplice to armed robbery of a Somerville Quick Mart when a co-defendant's image was captured on the store video surveillance system. The co-defendant when interviewed by police admitted to the crime and identified the defendant as his accomplice. A review of the store videotape showed an image of the defendant in the store before it was robbed. Attorney Topazio was hired by the defendant and extensive investigation was conducted on the case. Attorney Topazio discovered that one week prior to the armed robbery a police report was filed against the co-defendant for allegedly breaking and entering into the defendant's home with the intent to commit a felony. Due to this discovery, at a plea hearing on the co-defendant's case, the Judge indicated that her plea offer of committed time to the co-defendant created a scenario where the co-defendant could refuse to testify against the defendant if he had a valid Fifth Amendment privilege not to. Attorney Topazio demonstrated through his investigation and legal research that the courts apply broad standards in determining whether a claim of privilege against self-incrimination is justified and that the standards are highly protective of the constitutionally guaranteed right against self-incrimination. From a careful consideration of all the circumstances in the case Attorney Topazio convinced the court that the co-defendant could refuse to testify against the defendant even after he pled guilty. Attorney Topazio's motion to dismiss for want of prosecution was allowed.
Result: Case Dismissed.
Milford District Court
0466CR0717
Operating Under the Influence of Alcohol 4th Offence ch 90 § 24
The defendant was arrested after being stopped for a marked lane violation and charged with operating under the influence of alcohol, 4th offense and faced a mandatory two (2) year prison sentence. The defendant submitted to field sobriety tests that he claimed he passed but which the officer claimed he failed and arrested the defendant. The defendant was offered a plea to a reduced charge of a third offense six (6) month mandatory sentence, which he rejected. The defendant hired Attorney Topazio to try the case. At trial in the Milford District Court, Attorney Topazio was successful in introducing into evidence a booking video and cruiser video to establish reasonable doubt as to the defendant's sobriety. Through successful courtroom presentation and cross examination of Commonwealth witnesses and arresting officer, Attorney Topazio was able to establish reasonable doubt and obtain a not guilty finding for the defendant.
Result: Not Guilty verdict after trial. Defendant avoids serving mandatory jail time and losing his drivers license for 10 years.
East Boston District Court
(Omitted at client's request)
(Omitted due to expungment)
Seal criminal records M.G.L. c. 276, §§ 100A, 100C
Client, a foreign exchange trader for a publicly traded business listed on the NASDAC stock exchange, had pled guilty to the charges of assault and battery with a dangerous weapon and successfully completed a two year period of probation. The defendant concerned that any potential future employer or the Division of Professional Licensure would look unfavorable upon any application for a license or employment if aware of his criminal record hired Attorney Topazio to petition the court to seal the official record regarding the client's record. Attorney Topazio convinced the judge to seal the Client's record and now he can truthfully answer on any job or school application that he was never arrested, charged or convicted of this crime.
Result: Case Permanently Sealed.
Suffolk Superior Court
SUCR2004-10905
Conspiracy to Violate the Drug laws (Oxycontins) ch 274 § 7
The defendant was arrested with a co-defendant as the result of a motor vehicle stop where over 500 oxycontins were found in the motor vehicle and in excess of eight thousand dollars ($8000.00) and marijuana was found on the defendant. The defendant was initially charged with trafficking in oxycontins, possession of marijuana with intent to distribute in a school zone and conspiracy to violate the drug laws out of the Chelsea District Court where the Defendant hired Attorney Topazio. Although the defendant was subsequently indicted to Suffolk Superior Court and faced mandatory jail time, through the efforts of Attorney Topazio, the defendant avoided all jail time upon a successfully negotiated plea to the charge of conspiracy only by convincing the Commonwealth to dismiss the trafficking charge pending against the defendant. Attorney Topazio was successful in convincing the prosecutor that the defendant was present with the co-defendant as a potential purchaser and not joint venturer in the sale of the oxycontins.
Result: Trafficking charge against the defendant is dismissed and defendant avoids mandatory jail time.
Quincy District Court
0456 CR 6410
Pre-trial probation pursuant to ch. 276, §87
The defendant was a pharmacy technician and engaged in a scheme to divert controlled substances to her boyfriend. When caught, she agreed to a consent degree from the Board of Registration in Pharmacy that she was impaired and would submit to substance abuse treatment. The client hired Attorney Topazio to defend her in the criminal matter. Attorney Topazio continued this case for a pre-trial conference and was successful in convincing the prosecutor to place the defendant on pre-trial probation pursuant to MGL, Ch. 276, §87 for such time and upon such conditions as the Court deemed proper instead of having her admit to the charges.
Result: Case Dismissed after period of pretrial probation. Client Avoids a Conviction and keeps her professional license.
January, 2005
Framingham District Court
9649CR0429
9949CR0731
Motion for New Trial
The Defendant represented himself and pled guilty to a shoplifting and assault and battery back in 1999. The defendant who was a Green Card Resident Alien thereafter petitioned the Immigration and Naturalization Court to become a United States Citizen but was advised that his criminal convictions would disqualify him. The defendant hired Attorney Topazio for help. Attorney Topazio filed a motion for new trial and requested that the Court vacate the guilty finding entered on April 28, 1999 and grant a new trial. Attorney Topazio was successful in convincing the Court that the docket on the defendant's case did not reflect that the trial judge who accepted the defendant's guilty plea gave him a colloquy on the record, as required by Mass R. Crim.P. 12 (c) (3) to ensure that the defendant acted voluntarily and understood the consequences of his plea. The Court granted the defendant a new trial on shoplifting charge which ultimately got dismissed.
Result: Guilty conviction vacated and case dismissed. Defendant removes from his criminal record a conviction for a crime of moral turpitude which helps him with citizenship.
