Steven J. Topazio - Attorney At Law

The defendant, who received a term of pre-trial probation for the charge of Assault and Battery, moved to Florida after her probation had ended, hired Attorney Topazio to seal her record. Attorney Topazio filed a Motion to Seal and further notified the court, district attorney and commissioner of probation that due to financial constraints, his client could appear at the hearing date and was requesting that her presence be waived when the Motion to Seal was argued in court. Today, Attorney Topazio convinced the court to seal his client’s record in her absence. His client can now he can truthfully answer on any job or school application that she has no record despite being arrested, charged and placed on probation for this crime.

The defendant was arrested by State Police when observed driving around a rotary 5-7 times while on a cell phone at a high rate of speed, without stopping or using caution in a dangerous manner. A check with the Registry of Motor Vehicles indicated the defendant’s license was suspended. The defendant hired Attorney Topazio. Attorney Topazio reviewed his client’s driving record and learned that any further violation would result in a further suspension of his client’s license. Attorney Topazio presented to the District Attorney that the reason for his client’s license being suspended was as the result of failing to pay a reinstatement fee which was now paid and the reason for driving around a rotary several times was because his client was lost and he was calling for directions. Today, Attorney Topazio convinced the District Attorney and the Court to dismiss the criminal charge and to find his client not responsible on the civil violation.

The defendant, a High School Senior, was suspended for fighting with a fellow classmate, then criminally charged for allegedly harassing and threatening that classmate and another while at a school sponsored sporting event. As a condition of release, the client was ordered to have no contact with the alleged victims, a difficult task since all parties attended the same High School. The defendant hired Attorney Topazio. Attorney Topazio met with his client and contacted school officials to see if they would be willing to mediate the situation if the parties consented. After speaking with Director of Student Affairs and then meeting with the Principal of the High School, Attorney Topazio filed a motion with the court amending his client’s conditions of release to allow supervised contact with the complainants only in a structured setting of the High School and in the presence of each party’s parents and High School Officials. Attorney Topazio arranged for his client and his client’s parents along with the complainants and their parents to engage in a voluntary mediation with the Principal and Director of Student Affairs from the High School. Mediation was a success as all parties were in agreement in resolving the situation. Today, Attorney Topazio with the consent of the District Attorney continued his client’s case to a date after his client’s scheduled graduation this year with an agreement that all charges would be dismissed provided no further problems between the parties occur by that time.

The defendant who is on probation hired Attorney Steven J. Topazio when he was arrested for assaulting another individual with a chair while at the Cyber Café in Malden, thereby violating his probation where the defendant is facing two and one-half years in jail. Additionally, if convicted of Assault with a Dangerous Weapon, the defendant faces imprisonment in the state prison for not more than five years or imprisonment in jail for not more than two and one-half years. Attorney Topazio immediately met with the defendant’s probation officer and persuaded her not to revoke his client’s bail. Attorney Topazio next met with the District Attorney and the complaining witness in an attempt to negotiate a compromise. Today, after conferencing the case with the District Attorney and with his client’s probation officer, he was successful in continuing the final surrender with an agreement that upon an admission to sufficient facts, his client would not be surrendered and would face no jail time, provided he stays away from the Cyber Café and apologizes to the complainant.

The defendant received a citation after allegedly leaving his motor vehicle running and illegally parked at the entrance of a shopping mall parking lot, when he went into one of the stores. Today after a Clerk’s hearing, Attorney Topazio convinced a Clerk Magistrate to find the defendant not responsible.

The defendant, who was on probation, was contacted by a police informant who arranged to buy drugs from him. The defendant was arrested during the alleged drug transaction. The defendant was found to be in possession of three (3) plastic bags of cocaine. After the arrest the defendant made several incriminatory statements. The defendant’s probation was revoked on account of the new arrest and he was committed for one year to the House of Correction, hired Attorney Topazio. Attorney Topazio moved to suppress the drugs found on the defendant. Cognizant of the fact that his client was serving a sentence, Attorney Topazio, over the Commonwealth’s, objection, but prior to the suppression hearing, offered a change of plea in which he obtained a concurrent sentence for his client with no additional time. The sentence additionally was imposed Nuno Pro Tune to the original date of his client’s incarceration when he was committed on the violation of probation. Nuno Pro Tune is a Latin phrase, meaning “now for then”. The effect of this procedure caused the defendant’s sentence to be imposed retroactively.

The defendant, who had lost his health insurance and could not afford to pay for his prescription medications, presented a forged prescription under his friend’s name (who had health insurance) for medication the defendant had a valid prescription for, was arrested and hired Attorney Topazio to defend him. The defendant who held a real estate license could not afford a conviction as it would cause a suspension of his license. Today, Attorney Topazio was successful in convinced a Judge to continue his client’s case without a finding for nine months. A CWOF is not a conviction under State law.

The defendant was observed by a civilian operator who called the police about the defendant’s erratic operation. The defendant, who was stopped at 2:20 a.m., produced a driver’s license which had a 5:00 a.m. to 5:00 p.m. driving restriction. The officer had the defendant perform various field sobriety tests, all of which he failed and he was arrested for OUI and unlicensed operation. At the station, the defendant was advised of his right to submit to a chemical test, but was unable to complete the test satisfactorily. The defendant hired Attorney Topazio to represent him. The defendant, who couldn’t recall much of events surrounding his arrest as a result of blacking out from alcohol consumption, requested that Attorney Topazio negotiate a favorable plea. Today, Attorney Topazio convinced the Court to dismiss the unlicensed operation charge and to sentence the defendant to an alcohol education program, thus avoiding the 60 day mandatory jail sentence that would follow a conviction for a conviction for a second offense OUI.

The defendant a Registered Nurse hired Attorney Topazio to seal his criminal record which consisted of four counts, two for Larceny over $250.00 and two for Receiving Stolen Property over $250.00, all of which were felonies. The defendant who could only find employment as an agency nurse was pursuing further employment as a permanent full time employee in a Hospital in Springfield, MA. 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 has no record despite being arrested, charged and placed on probation for these crimes.

The defendant hired Attorney Topazio to seal his criminal record which consisted of motor vehicle violations and the felony charge of counterfeiting motor vehicle documents. The defendant who admitted to sufficient facts had his charges continued without a finding (CWOF) in 1995. Today Attorney Topazio convinced the judge to seal his Client’s record and now he can truthfully answer on any job or school application that he has no record despite admitting to sufficient facts and being placed on probation for these crimes.