Steven J. Topazio - Attorney At Law

The defendant, who was on probation in Lowell on a different matter, was arrested for Disorderly conduct after becoming loud, yelling profanities and making derogative remarks to the Chelmsford Police and those associated with the police, with the purpose of annoying and harassing them. The defendant hired Attorney Topazio. Attorney Topazio attacked the basis of the charge arguing that his client did not have the purpose to cause a public inconvenience as required by statute. Today Attorney Topazio convinced the Commonwealth to dismiss the charge against his client, and the Court agreed.

The defendant, who had flown to the United States from the Dominican Republic, appeared to Customs Officials to have ingested narcotics, was arrested as a drug courier when she arrived at Logan International Airport. Massachusetts State Police were called and learned that the defendant had been on a 24 hour watch list based on federal investigative information regarding the defendant possibly being a drug courier. When the defendant disembarked from her flight she was deferred to a secondary inspection station. During the secondary inspection, customs Enforcement asked the defendant several questions eliciting responses that gave rise to further suspicion of the defendant. The defendant, who appeared lethargic, was presented with a Spanish consent form regarding the use of an X-Ray in which she voluntarily signed, as officials feared that ingested narcotics had entered her bloodstream. The defendant was transferred to a local hospital where it was discovered that the defendant had ingested several items consistent with drug smuggling. Over the course of three days, the defendant passed 53 pellets containing cocaine weighing approximately 530 grams through her alimentary canal. The defendant hired Attorney Topazio to defend her. Trafficking over 200 grams of cocaine carries a punishment of a term of imprisonment in the state prison for not less than fifteen nor more than twenty years. According to statute, no sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of fifteen years and a fine of not less than fifty thousand nor more than five hundred thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment. After months of investigation and negotiations, Attorney Topazio persuaded the District Attorney to reduce the charges against his client upon a change of plea whereby his client would plea to trafficking in cocaine over 14 grams but less than twenty-eight grams and receive a sentence of 5 to 7 years incarcerated with a three year mandatory. Trafficking over Fourteen grams or more but less than twenty-eight grams, carries a punishment of a term of imprisonment in the state prison for not less than three nor more than fifteen years. According to the term of this lesser offense no sentence imposed under the provisions of this clause shall be for less than a minimum term of imprisonment of three years, and a fine of not less than two thousand five hundred nor more than twenty-five thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment. Today, despite the strength of the Commonwealth's case, Attorney Topazio negotiated a plea bargain with the District Attorney resulting in a triple breakdown of the trafficking offense thus avoiding a fifteen year mandatory jail term.

The defendant was arrested when a Registry of Motor Vehicle check of his registration conducted by the police indicated that his license was suspended. A search of his motor vehicle revealed a bottle cap with residue that the arresting officer suspected to be heroin residue. The defendant hired Attorney Topazio to represent him. Attorney Topazio pushed his client's case to trial. Today, relying on the recent case of Melendez-Diaz v. Massachusetts, 129 S. Ct. 2527 (2009), Attorney Topazio was effective in getting the case against his client dismissed at trial because the Commonwealth could not prove the residue found in the bottle cap in the defendant's motor vehicle was a controlled substance without the testimony of a chemist. Prior to Melendez-Diaz, it was standard practice in drug cases for the Commonwealth to rely only upon a certified copy of a drug certificate to prove that a substance was a controlled substance. Melendez-Diaz is a Supreme Court decision which now requires that a chemist must testify in cases where a drug certificate is to be introduced at trial. In the U.S. Supreme Court's landmark Melendez-Diaz v. Massachusetts ruling on June 25, 2009, Justice Antonin Scalia, writing for a 5-4 majority, held that the introduction of a drug certificate without the testimony of a chemist violated the defendant's confrontation rights under the Sixth Amendment. Attorney Topazio reliance on this decision was effective in getting his client's case dismissed.

The defendant crashed his motor vehicle into a Jersey barrier tearing the front wheel off his motor vehicle. After flunking field sobriety tests and after registering a .203 on a portable breath test, the defendant was arrested. While at the police station, the defendant submitted to a breath test and registered a .18. The defendant hired Attorney Topazio to represent him. Today despite the Commonwealth's recommendation for a conviction, the defendant received a CWOF or continuance without a finding, which is not a conviction under state law, instead of receiving a conviction.

The parents of the defendant, a juvenile with ambitions of going to college, hired Attorney Topazio to represent the juvenile at a clerk's hearing after he was stopped by police and accused by witnesses who alleged that he entered to a parked motor vehicle and removed items therefrom while at a local movie theater. Whoever in the nighttime or daytime breaks and enters a building, ship, vessel or vehicle with intent to commit a misdemeanor shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than six months, or both. Today through unrelenting questioning of the investigating officer challenging the viability of the Commonwealth's case, Attorney Topazio convinced the Clerk Magistrate not to issue complaints against his client.

The defendant who was on probation was arrested for assault with a dangerous weapon and assault and batter after swinging a chair at an employee of a local café, then arguing with him, and then grabbing him by the throat, hired Attorney Topazio. Whoever, by means of a dangerous weapon, commits an assault upon another shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than one thousand dollars or imprisonment in jail for not more than two and one-half years. Attorney Topazio represented this client at the initial surrender proceeding an prevented his client's probation from being revoked. Today at trial, Attorney Topazio was successful in getting the Commonwealth to file a Nolle Proseque or (Nol Pros) causing his client's case to be dismissed.

The defendant was arrested after forging prescriptions and obtaining medications from various pharmacies including CVS, Walgreen's and OSCO Drugs. The defendant was told after several pre-trial conferences that he was facing jail time, was unsatisfied with the advice he was receiving and discharged his former counsel, and hired Attorney Topazio. Attorney Topazio attached each incident of fraud, viewed surveillance videos, and challenged the Commonwealth's evidence. Today despite the Commonwealth's recommendation for a conviction, and through intense negotiations, the defendant received a CWOF or continuance without a finding, which is not a conviction under state law, instead of receiving a felony conviction.

The defendant was summonsed to Court to answer to a charge of shoplifting after she took the tags off merchandise from Saks Fifth Avenue in Boston totaling $593.00 and attempted to leave the store without paying. The defendant who was not a citizen, and faced the possibility of deportation, denial of naturalization or exclusion from the United States, hired Attorney Topazio. Despite the summons on a charge of shoplifting, the Commonwealth upgraded the charges to felony larceny. Whoever steals, or with intent to defraud obtains by a false pretence, or whoever unlawfully, and with intent to steal or embezzle, converts, or secretes with intent to convert, the property of another as defined whether such property is or is not in his possession at the time of such conversion or secreting, shall be guilty of larceny, and if the value of the property stolen exceeds two hundred and fifty dollars, be punished by imprisonment in the state prison for not more than five years, or by a fine of not more than twenty-five thousand dollars and imprisonment in jail for not more than two years. Today, despite the Commonwealth's upgrading the charges to the felony of larceny over $250.00, Attorney Topazio convinced the Magistrate not to issue the complaint against his client.

When a late night roof deck party got out of hand resulting in eggs being thrown off a four story building at the defendant, the defendant was arrested after being accused of using a crow bar to break into the victim's apartment then violently pushing him to the ground with that crow bar, hired Attorney Topazio. Attorney Topazio met with the District Attorney prosecuting his client in an attempt to negotiate a resolution of the case prior to his client being indicated and thus having to face state prison time. Armed assault in a Dwelling carries a penalty of 20 years to life. According to statute, whoever, being armed with a dangerous weapon, enters a dwelling house and while therein assaults another with intent to commit a felony shall be punished by imprisonment in the state prison for life, or for a term of not less than 20 years. Today, despite Attorney Topazio's attempts to negotiate a resolution of the case by way of mediation and his client ultimately being indicated, Attorney Topazio was successful in obtaining a plea bargain for his client in the District Court before his client was arraigned in Superior Court on the more serious charges. After the plea in the District Court, Attorney Topazio agreed with the Commonwealth that the Commonwealth would file a Nolle Proseque or (Nol Pros) causing his client's Superior Court charges to be dismissed.

The defendant who was cited for speeding contested the ticket. As the initial Magistrate Hearing the defendant was found responsible and appealed, hired Attorney Topazio. Today, after a full hearing before the Court, Attorney Topazio convinced the Court to find his client not responsible.