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.
June 03, 2009
Boston Municipal Court
Clerk’s Hearing
Speeding in Work Zone M.G.L. c. 90 § 17
The defendant received a citation after allegedly speeding in a movie set work zone. Today after a Clerk’s hearing, Attorney Topazio convinced a Clerk Magistrate to find the defendant not responsible.
Result: Defendant not responsible, case closed.
June 02, 2009
Boston Municipal Court
Application for Criminal Complaint
Revoked Registration M.G.L. c. 90 § 23
Uninsured Motor Vehicle M.G.L. c. 90 § 34J
Excessive Tint M.G.L. c. 90 § 9D
The defendant received an application for criminal complaint after allegedly allowing his insurance on his motor vehicle to lapse when he left the country for employment overseas. When the defendant returned to the United States to take his motor vehicle to a dealer for sale, he was stopped by State Police and charged. Attorney Topazio produced evidence that his client’s motor vehicle was placed for sale and that the tint was removed from the vehicle. Today after a Clerk’s hearing, Attorney Topazio convinced a Clerk Magistrate not to issue the criminal complaint against his client.
Result: Defendant not charged, record preserved, case closed.
May 19, 2009
Brighten District Court
Appeal form Magistrate’s Hearing
Speeding M.G.L. c. 90 § 18
Red Light Violation c. 89 § 9
The defendant received a citation after allegedly speeding and running a red light. The defendant was unsuccessful at a Clerk Magistrate’s hearing, hired Attorney Topazio. Today Attorney Topazio convinced the Court to find the defendant not responsible.
Result: Defendant not responsible, case closed.
May 14, 2009
Waltham District Court
0951CR0202
Utter False Prescription M.G.L. c. 94C, § 33 E
The defendant, a professional person, was accused of altering several written prescriptions for the prescription medication for Adderall that she was prescribed by her doctor. After being summonsed to court for arraignment on three (3) counts of uttering a false prescription, the client hired Attorney Topazio to defend her. Attorney Topazio contacted the prosecuting officer and presented his client’s version of facts in an attempt to negotiate a resolution of the case. He also provided the Commonwealth with a copy of his client’s medical records. When Attorney Topazio appeared in court for arraignment of his client, who had no criminal record, he convinced the District Attorney not to arraign his client and the case was continued for further arraignment. The reason for the continuance was to protect his client’s record since once an individual is arraigned, the charges will appear on that person’s CORI. The continuance further gave the District Attorney the opportunity to review his client’s medical records. Despite the allegations, his client had valid prescriptions for Adderall prescribed by her doctor. Today, Attorney Topazio convinced the District Attorney and the Court to dismiss two (2) charges of uttering a false prescription prior to arraignment and secured a disposition of pre-trial probation for his client on the last charge.
Result: Criminal charges dismissed prior to arraignment mean they will not show up on his client’s CORI and the remaining count is disposed of by way of pre-trial probation thus avoiding an admission to a felony charge.
May 13, 2009
Lawrence District Court
0818aCR2352
Probation Surrender
Possession Class A M.G.L. c. 94C, § 34
The defendant, a traffic manager employed by a 3rd party logistics provider, who was on probation with a CWOF for the charge of possession of a class A substance, heroin, was stopped while operating a motor vehicle with a revoked license, and was arrested for same. During a search of the defendant’s motor vehicle, a bottle cap with residue believed to be heroin was found in the defendant’s car, and the defendant was also arrested for possession of a class A substance, hired Attorney Topazio. Attorney Topazio met with the supervising probation officer who wanted to revoke the CWOF and impose a guilty finding, which would have the collateral consequence of suspending the defendant’s driver’s license for one year. Today in court, Attorney Topazio convinced a judge, over probation’s objections, to find a violation of the defendant’s probation, but not to revoke the CWOF, but rather to impose the same terms and conditions of probation previously imposed.
Result: The defendant is found in violation of his probation but his CWOF is not revoked, the defendant avoids jail and his right to operate of motor vehicle is not revoked.
May 12, 2009
Lowell District Court
0811 CR 6509
Assault and Battery Dangerous Weapon M.G.L. c. 265, § 15A(b)
The defendant was charged for allegedly striking his son in the face with his belt, causing one of his teeth to be knocked out, hired Attorney Topazio. Attorney Topazio appeared with his client during an investigation by the Department of Family and Children after a 51A complaint was filed alleging neglect. Attorney Topazio caused his client to enter counseling and to take an anger management program and parenting classes while at the same time preparing the case for trial. Today, on the day of trial, Attorney Topazio, during a lobby conference, convinced the District Attorney and the Court to reduce the charges against his client to simple Assault & Battery upon a sentence of straight probation.
Result: Defendant pleads to lesser offense of misdemeanor Assault and Battery and avoids possible jail time.
April 14, 2009
Brighten District Court
Clerk’s Hearing
Improper Equipment
The defendant received a citation after allegedly operating his motor with improper equipment that being a defective headlight. Today after a Clerk’s hearing, Attorney Topazio convinced a Clerk Magistrate to find the defendant not responsible after presenting evidence that the headlight was fixed.
Result: Defendant not responsible, case closed
April 07, 2009
Peabody District Court
Application for Criminal Complaint
Utter False Prescription M.G.L. c. 94C, § 33 E
The defendant, a professional person, was accused of altering a written prescription for a prescription medication she was prescribed by her doctor. After refusing to answer questions from police, the client received an Application for Criminal Complaint from the Court, and thereafter hired Attorney Topazio to defend her. Attorney Topazio contacted the prosecuting officer and presented his client’s version of facts in an attempt to negotiate a resolution of the case. After securing a continuance of the Magistrate’s hearing, Attorney Topazio obtained his client’s medical records to substantiate his client’s course of treatment and prescription medications for the hearing. Today, Attorney Topazio convinced a Clerk Magistrate, with the consent of the police prosecutor, to hold the case open for one year, with the agreement to dismiss the case if his client encounters no further trouble during that time.
Result: Criminal charges do not issue against his client and she will not receive a criminal record provided she stays out of trouble during the proceeding year.
March 31, 2009
Dedham District Court
Appeal from Magistrate’s Hearing
Speeding M.G.L. c.90 § 17
The defendant was cited by State Police when observed driving 85 in a posted 65 MPH zone. This citation was the defendant’s third speeding violation within a one year period which would have caused his right to operate a motor vehicle within the Commonwealth to be suspended for 30 days. At the initial Magistrate’s Hearing the defendant represented himself and was unsuccessful and appealed the Magistrate’s finding to a Judge Hearing. The defendant, a doctor of internal medicine, fearing a license suspension, hired Attorney Topazio. Today, Attorney Topazio was successful in obtaining a finding of NOT responsible for his client.
Result: Case dismissed and Defendant avoids a potential suspension of his driving privileges.
March 31, 2009
Framingham District Court
0949 CR 0105
Assault & Battery M.G.L. c. 265 § 13A
The defendant while dropping off her children to their father was arrested for Domestic Assault and Battery after allegedly striking him in the head and then allegedly being struck in the head by the father while in his automobile. When the police arrived, the parties were separated and interviewed individually. The police arrested both the defendant and the father after concluding that a verbal argument escalated to the point where the defendant hit the father leaving a visible mark on his neck when the father then struck the defendant in the head twice. The defendant hired Attorney to represent her in this case. After investigating the facts of the case, Attorney Topazio argued that his client had acted in self-defense after the complainant jerked the automobile causing his client to lose her balance and fall backwards grabbing at him for balance when she scratched him in the neck area. Today, at a pre-trial conference, Attorney Topazio was successful in getting the Court to dismiss the charges against his client after each party entered into an Accord & Satisfaction.
Result: Case dismissed.