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Steven J. Topazio - Attorney At Law

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Recent Cases

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.

January 30, 2012
Newburyport District Court
Docket # 1122CR1612

Utter False Prescription M.G.L. c. 94C § 33(b)
Obtain drugs by fraud M.G.L. c. 94C § 33(b)

The client, a 33 year old mother of three and former medical secretary, was summonsed to court after receiving a complaint alleging she unlawfully obtained a controlled substance by uttering false prescriptions on over eighty different occasions to multiple pharmacies thereby obtaining over 16,000 oxycodone and oxycotin tablets. Attorney Topazio met with his client and learned that she took a prescription pad from the doctor she had worked for and wrote prescriptions to herself. Attorney Topazio learned that his client last abused prescription medication on February 4, 2010 after police came to her home and confronted her on their investigation. The client made statements to police admitting what she had done, and although fired from her employment, was not immediately arrested but given an opportunity to address her substance abuse problem. Attorney Topazio realized that the police cut his client a huge break by allowing her to voluntarily enter into a substance abuse detox facility instead of arresting her. Attorney Topazio took advantage of this opportunity and continued his client’s case while she dealt with her substance abuse problem. Attorney Topazio obtained medical documentation regarding his client’s inpatient and outpatient treatment for the prosecutor and the court. Attorney Topazio met with the prosecutor on the case and argued that despite the large volume of oxycodone and oxycotin tablets fraudulently obtained, that his client was an addict and did not sell the pills. Today, despite facing a state prison sentence of not more than four (4) years and a fine of $20,000 on each of fourteen criminal counts his client faced, Attorney Topazio was able to convince the prosecutor and the court to give his client a continuance without a finding, “CWOF” for two years on all counts provided she remain drug and alcohol free and complete her substance abuse program.
Result: Client avoids a conviction and jail time and the charges will be dismissed if she successfully completes her probation protecting her CORI.

January 27, 2012
Chelsea District Court
Docket # 1114CR2953

Shoplifting by concealing merchandise M.G.L. c. 266 § 30A
Assault and Battery M.G.L. c. 265 § 13A

The client, a 28 year old college graduate and account executive, was arrested after being captured on Market Basket store video surveillance placing several meat products in his pockets. Upon leaving the store, the client ran and was tackled by store security, hired Attorney Topazio. Attorney Topazio learned that his client stole the meat for a college football party he was to have with his employer and when he learned he didn’t have any money to pay for the meat, stole it. Attorney Topazio met with the prosecutor and corroborated his client’s story by providing the prosecutor with the football schedule and argued that a conviction would cause his client to be discharged from his employment. Today, Attorney Topazio convinced the prosecutor to dismiss both charges against his client on twenty-five hours of community service, and the court agreed.
Result: Case dismissed on community service.

January 20, 2012
Boston Municipal Court
Docket # 1101CR4444

Assault and Battery M.G.L. c. 265 § 13A
Disorderly M.G.L. c. 272 § 53
Common Affray

The client, a 23 year doorman at a downtown Boston pub, was arrested when observed by police punch a patron twice in the face knocking him to the ground after a night of drinking. Attorney Topazio investigated the case and learned that his client lacerated the face of the victim by punching his teeth through his lower lip. Attorney Topazio met with the prosecutor and attempted to resolve the case and address the Commonwealth’s concerns regarding restitution. Today, Attorney Topazio requested a lobby conference with the Judge in an attempt to resolve the case. A lobby conference is when the prosecutor and defense attorney discuss their case with the judge in an attempt to narrow the issues and to resolve their case. Attorney Topazio addressed the courts concerns regarding his client’s lack of control and alcohol use, and over the Commonwealth’s objection, convinced the court to allow his client to tender a plea of guilty on the assault and battery count only, with the other counts being dismissed. The court agreed to continue probation for seven months on the condition that the client complete an anger management program and undergo an alcohol evaluation.
Result: Client tenders a plea of probation for seven months on the assault and battery count only with the other counts being dismissed.

January 13, 2012
Milford District Court
Docket # 1066CR0853

Probation Surrender
Modification of terms of Probation

The client, a 31 year old sprinkler installer, was on probation when a warrant issued for his arrest after the client stopped reporting to his assigned probation officer, and failed to submit to random urine tests, hired Boston Criminal Defense Lawyer Steven J. Topazio. Attorney Topazio met with his client and contacted his client’s probation officer to negotiate a compromise where his client could be surrendered and released pending a final surrender hearing. Attorney Topazio obtained his client’s employment records and verification of substance abuse treatment, and provided verification to the probation officer. On November 7, 2011, Attorney Topazio convinced the court to release his client on personal recognizance pending a final surrender hearing. During the Court hearing, Attorney Topazio requested that in lieu of surrendering his client, that the court modify the terms and conditions of his client’s probation. Attorney Topazio pointed out that since being on probation, his client had completed everything that had been required of him and was substance free, with no dirty urine tests, despite being tested twice per month. Today, Attorney Topazio convinced the court to withdraw the violation of probation, and to modify his client’s terms and conditions of probation by reducing the twice monthly urine tests to once per month and by reducing his requirement to attend AA five times per week to twice per week.
Result: Probation violation withdrawn and client’s terms of probation modified.

January 09, 2012
East Boston Division of the Boston Municipal Court
Docket # 1005CR1113

Possession Class B substance M.G.L. c. 94C § 34

The client, a 27 year old High School graduate, was arrested for possession of a class B substance, suboxone, who had defaulted several times during the course of his case, retained Attorney Topazio. Attorney Topazio realized that his client had suffered several substance abuse relapses in his fight against addiction and felt that it would be better to help his new client learn the skills to fight his addiction rather than risking that he be held in custody following a trial if he were committed. Attorney Topazio provided the names and addresses of both outpatient and inpatient substance programs to his client and helped him enroll in a substance abuse program prior to appearing in court. Today, Attorney Topazio convinced the District Attorney and the Court to place his client on a six (6) month period of pre-trial probation provided he remain drug free. Pre-trial probation is an agreement between the District Attorney and the defendant/client that occurs before a trial, plea or admission to sufficient facts; that results in a general continuance with an agreement that the case end in a dismissal. While pre-trial probation requires that the defendant be placed on either supervised or administrative probation monitored by the probation department, a successful completion results in a dismissal. A violation of pre-trial probation however does not cause the defendant/client to be surrendered and face potential jail time, which would happen if on regular probation, but rather only causes the case to be placed back on the trial docket.
Result: Case to be dismissed following term of pre-trial probation.

January 04, 2012
Boston Municipal Court
Docket Intentionally Omitted

Resisting Arrest M.G.L. c. 268 § 32B
Disorderly Conduct M.G.L. 272 § 53

The client, a 24 year old college graduate who enlisted in the United States Army and was due to be deployed in February, was arrested after getting into a fight on New Year’s Eve. According to the police report, the police observed New Years revelers block an intersection during a fight, causing pedestrians not to be able to get through. The client, who was seen by police getting struck in the face, ran from police and struggled with them by stiffing his arms and refusing to be handcuffed. Attorney Topazio met with the prosecutor and pointed out that his client was disoriented after being struck and thought he was being attacked when he ran from individuals which he believed were his attackers and not police. Today at his client’s arraignment, Attorney Topazio argued that the charges would delay his client’s scheduled deployment to Ft. St. Houston, Texas, and was successful in convincing the Commonwealth and Court to dismiss all charges prior to arraignment, thus preserving his client’s unblemished CORI.
Result: Case dismissed prior to arraignment.

January 03, 2012
Fitchburg District Court
1216CR0008

A&B with Dangerous Weapon M.G.L. c. 265 § 15A(b)

The client, who was out on bail on a different case while under house arrest and being monitored electronically by the court, was arrested on a charge of ABDW after being assaulted by three individuals on New Year’s Eve. The three individuals entered the client’s home allegedly armed with knives and attacked the client. The client was beaten and thereafter fled his home and entered his parked motor vehicle and locked the doors. Despite the client’s actions, the windows of the motor vehicle were smashed and the client attempted to flee by starting the vehicle and attempted to reverse out of the driveway crashing into his attacker’s motor vehicle. Attorney Topazio took the initial phone call from distraught family members on New Year’s Eve and rearranged his schedule so as to appear at his client’s arraignment scheduled for January 3, 2012. Today, due to the new arrest, the Commonwealth filed a motion to revoke his client’s bail and requested that the Court hold his client for 60 days without bail. Attorney Topazio was successful in convincing the Court to deny the Commonwealth’s request to revoke bail and was successful in securing his client’s release for custody.
Result: Commonwealth’s Motion to revoke bail denied and Client released from custody pending trial.

December 29, 2011
Waltham District Court
1152CR1948

Unregistered Motor Vehicle M.G.L. c. 90 § 9
Uninsured Motor Vehicle M.G.L. c. 90 § 34J

The client, a 43 year old, went through a red light and received a summons to appear in court because her car was unregistered and uninsured when checked by Watertown Police. Attorney Topazio met with the Watertown Police Prosecutor in an attempt to resolve his client’s case. Today, Attorney Topazio was successful in getting the criminal charge against his client dismissed after a finding of responsible filed on the civil infraction of unregistered motor vehicle, thus preserving his client’s CORI.
Result: Case dismissed.

December 28, 2011
Boston Municipal Court
Application for Criminal Complaint

Clerk Magistrate Hearing
Assault & Battery M.G.L. c. 265 § 13A

The client, a 28 year old college graduate employed as a business systems analyst for a Boston Investment Company, received an application for criminal complaint after punching a fellow patron in the face while in Whiskey’s Smokehouse Bar in Boston. Attorney Topazio met with his client and learned that the on duty manager from the bar witnessed the assault and battery and that the client admitted to the police that he punched the victim after he was grabbed from behind by an unidentified person. Attorney Topazio, in an attempt to resolve the matter prior to criminal charges from being issued against his client, (which would also prevent an entry on his client’s board of probation record, commonly referred as BOP or CORI), contacted the investigating Boston Police Detective and explained his client’s position and addressed any concerns the police or victim had to a resolution of the matter at the Magistrate’s hearing. Attorney Topazio further arranged to have the case sent to court sponsored mediation should the Magistrate require as part of any resolution. Today at the hearing on the application for issuance of the criminal complaint, Attorney Topazio was successful in convincing to the Magistrate, with the consent of the applicant, to deny the issuance of the criminal complaint thus preserving his client’s CORI.
Result: Case dismissed.

December 20, 2011
Boston Municipal Court
Traffic Ticket Appeal

Speeding 730 CMR 708

The client, a 49 year old self employed cab driver, received a civil motor vehicle Massachusetts Uniform Citation for speeding. The citation alleged the client was traveling 65 mph in a 45 mph zone on Route 90 westbound in the Prudential Tunnel in Boston. The citation further alleged the client was caught on Radar. It is common practice for police to utilize either a Radar or Lidar device to determine a motor vehicle’s speed. RADAR or Radio Detection and Ranging is an object-detection system of electromagnetic waves (radio) used to detect range, altitude, speed, or direction. This signal, called a radio wave, bounces off nearby objects and the echo can be detected by the sender. LIDAR or Light Detection and Ranging on the other hand detects the same thing but uses pulses of laser light. Today, Attorney Topazio was successful in convincing to the Magistrate to find his client not responsible.
Result: Case dismissed.