Blog Archives - Attorney Steven J. Topazio

Sealing Criminal Records

A recent case requires the Court and the Commissioner of Probation to seal criminal records when a judge or jury finds a person not guilty, or when a court finds no probable cause for a criminal charge, or where a grand jury returns a no bill. Commonwealth v J. F., 491 Mass. 824 (2023 The defendant in Commonwealth v J. F., filed a petition pursuant to G.L. c.276, §100C (§100C), which was opposed by the read More

The Valor Act Allows A Judge To Dismiss Second Offense OUI Charges

The Valor Act The pretrial diversion statute, G. L. c. 276A, as amended by the so-called VALOR Act, permits a judge to dismiss a second offense OUI charge brought against a qualifying veteran upon his or her successful completion of an approved pretrial diversion program despite the fact that the 2nd offense OUI statute prohibits a second or subsequent offense, from being “placed on file or continued without a finding.” G. L. c. 90, § read More

Defining Assault and Battery

Defining Assault & Battery An Assault is an attempted battery or an immediately threatened battery. A battery on the other hand is a harmful or an unpermitted touching of another person. An assault is committed when a person is placed in fear of an immediate battery and occurs when there is no harmful or unpermitted touching of the person, which is the battery. M.G.L. c 265 § 13A (a) makes it a misdemeanor for anyone read More

A quick handshake does not justify a search

The Appeals Court affirmed the suppression of a gun seized by the police from the defendant, because the police did not have reasonable suspicion to stop the defendant. Commonwealth v. Kearse (Appeals Court No. 2018-P-1619) – April 9, 2020 After observing the defendant, standing in the vicinity of two other men who engaged in a “quick handshake,” an officer in the Boston Police Department’s drug control unit (DCU), believed he had observed a hand-to-hand drug read More

The Use of Automatic License Plate Readers by Police is Not Illegal

In a recent SJC slip decision, the court affirmed the denial of the defendant’s motions to suppress, concluding that while the defendant has a constitutionally protected expectation of privacy in the whole of his public movements, an interest which potentially could be implicated by the widespread use of [automatic license plate readers (ALPRs)], that interest is not invaded by the limited extent and use of ALPR data in this case. Commonwealth v. McCarthy (No. SJC-12750) read More

The effects of decriminalizing marijuana on the law

Under current law, it is a criminal offense to possess marijuana with the intent to distribute it. G. L. c. 94C, § 32C (a) states (“Any person who knowingly or intentionally . . . distributes . . . or possesses with intent to . . . distribute . . . [marijuana] shall be imprisoned . . .”). The act of simple possession of marijuana (over one ounce) is also a crime and is listed separately read More

Sealing Criminal Records that Resulted in Dismissal

Sealing Criminal Records that Resulted in Dismissal The court recently announced a new standard in sealing criminal records. It concluded that the records of closed criminal cases that resulted in the entry of a nolle prosequi or a dismissal are subject not to a presumption of access under the First Amendment to the United States Constitution but, rather, to a common-law presumption of public access and, therefore, that the sealing of such records under G. read More

Case Study: Attorney Steven Topazio’s Successful Defense in a Medicare Fraud and Larceny Case

Introduction Attorney Steven Topazio is a renowned legal expert known for his exceptional advocacy skills and dedication to protecting his clients’ rights. In this case study, we explore a complex legal matter where Attorney Topazio represented a client charged with Medicare fraud and larceny over $1200. The client faced allegations of allowing his name to be used by a close friend who was paralyzed and genuinely needed Personal Care Attendants (PCAs). Attorney Topazio’s strategic approach read More

The odor of burnt Marijuana alone cannot justify an exit order from a motor vehicle

The odor of burnt Marijuana alone cannot justify an exit order from a motor vehicle. Due to the decriminalization of possessing one ounce or less of marijuana, the odor of burnt marijuana will no longer provide the police with probable cause, or even reasonable suspicion that a crime is occurring, which justifies the exit order of a defendant from a motor vehicle. In a recent case, a Boston Municipal Court judge did not err in read More

What is a Terry Stop

In general, a “Terry stop” refers to a stop and frisk encounter between a law enforcement officer and an individual, based on the U.S. Supreme Court case Terry v. Ohio (1968). In this case, the Court established that police officers can stop and briefly detain a person if they have reasonable suspicion that the person may be involved in criminal activity, even if they don’t have probable cause for an arrest. This allows officers to read More

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