Steven J. Topazio - Attorney At Law

The defendant was convicted on June 20, 1989 out of the Dorchester District Court docket # 8907CR4991 and received a one year committed sentence under the old trial de novo system. Under the trial de novo system a defendant could try his case before a judge without a jury and if he was not satisfied with the results he could appeal his case to the jury session for a jury trial. The trial de novo system allowed a defendant the right to try his case twice or have two bites at the apple. The defendant exercised his de novo right to appeal to the jury session and entered his appeal in the BMC Jury-of –Six session when he appeared in the BMC. The defendant however thereafter defaulted and never had his jury trial. The Commonwealth moved pursuant to M.G.L. ch. 278 § 24 to vacate the defendant’s appeal and to impose the lower court sentence when the defendant appeared in October of 2008 to remove the default. The defendant who was held on bail hired Attorney Topazio. Attorney Topazio filed a Motion to Oppose the Commonwealth’s Request to Impose Lower Court Sentence. Attorney Topazio argued that since the defendant appeared in the jury session then he entered or perfected his appeal as required by statute and that any default thereafter should be treated as a default in the normal course and not as a solid default requiring the lower court sentence to be imposed. Although the trial de novo system ended in the early 1990s, Attorney Topazio successfully utilized the case of Commonwealth v. Coughlin, 364 N.E.2d 210 (1977) which indicated that decisions to declare a defendant in default on his appeal for trial de novo, or to lift such a default, should normally be left to the discretion of the judge on the scene. Despite the Commonwealth’s opposition and demands to impose the lower court sentence, Attorney Topazio persuaded the Court as a compromise to impose the lower court sentence “nunc por tunc” as of June 20, 1989 and deem the defendant’s sentence served, effectively ending the case. The term “nunc pro tunc” is Latin meaning “now for then.” Attorney Topazio was successful in convincing the Court not to incarcerate his client but to deem that sentence served, effectively ending the case in his client’s favor.

The defendant was taken into custody on November 4, 2007, by Boston Police for questioning. While the defendant was in police custody, Boston Police searched his home and found a firearm secreted in a dirty white sock inside a barbecue grill located on the first floor back porch. The defendant was arrested for possession of a firearm. Possessing a firearm without a valid license is punishable by imprisonment in the state prison for not less than two and one-half years nor more than five years, or for not less than 18 months nor more than two and one-half years in a jail or house of correction. As a result to the search, Attorney Topazio who represented the defendant, moved to suppress all observations made of the defendant, all statements made by him, all evidence of every name, nature and description, whether tangible or intangible, seized from his person or his residence, including but not limited to the firearm, during a warrantless search by members of the Boston Police on November 4, 2007. After a lengthy suppression hearing, the Court denied the defendant’s motion to suppress evidence. After the court ruled against the defendant on his motion to suppress, Attorney Topazio marked the case for trial. Today, at trial, Attorney Topazio was successful in getting the Court to dismiss the gun charges against his client.

The defendant was stopped via LIDAR traveling 70 mph in a posted 35 mph zone. The defendant submitted to various field sobriety tests and thereafter was arrested for OUI. The defendant hired Attorney to represent him in this case. After investigating the facts of the case, Attorney Topazio marked the case for trial. Today, at trial, Attorney Topazio was successful in getting the Court to dismiss the charges against his client.

The defendant while at home got into a fight with her husband called the police for assistance. When the police arrived, the husband and wife were separated and interviewed individually. The police arrested the wife after concluding that a verbal argument escalated to the point where the wife bit the husband leaving a visible bite mark. The defendant hired Attorney to represent her in this case. After investigating the facts of the case, Attorney Topazio discovered that the wife had acted in self-defense and bit her husband who had grabbed her and over powered her. Despite calling 911, the defendant was arrested after denying that her husband had assaulted her in an attempt to prevent him from getting arrested. Today, at a pre-trial conference, Attorney Topazio was successful in getting the Court to dismiss the charges against his client after informing the court that the husband was asserting both his marital privilege and Fifth Amendment right not to testify against his wife.

The defendant, visiting Boston, got into a fight while in Fanuiel Hall and was seen by a Boston Police Officer punching and knocking another individual to the ground. The officers radioed EMS to respond to the victim who remained motionless on the ground. The defendant, who ran from police, was apprehended hiding behind a trash barrel, hired Attorney Topazio. Today, at a pre-trial conference, over the objection of the Commonwealth, was successful in getting the Court to give the defendant a continuance without a finding “CWOF” with unsupervised probation. A “CWOF” instead of a guilty conviction protected the defendant’s criminal record as it is not a conviction under state law. The court additionally waived all fines and costs.

The defendant was arrested after being seen going the wrong way down a one way street. After detecting an odor of alcohol, the defendant was asked and submitted to a series of field sobriety tests. The officer concluded that the defendant was under the influence of alcohol and arrested him. At the station the defendant submitted to a breathalyzer and registered a .16. While inventorying his property, 19 bags of a substance alleged to be cocaine were found on his person along with multiple pills and $1644.00 in US Currency. The defendant hired Attorney Topazio to represent him. At the defendant’s arraignment, the Commonwealth moved to hold the defendant of $5000.00 bail. Today, Attorney Topazio successfully secured the defendant’s release on $500.00 bail and continued the case for a pre-trial hearing.