Boston False Allegation Charges - Defense Attorney Topazio
HomeCriminal Practice AreasFalse Allegations Charges

False Allegations Charges

Boston False Allegation Charges – Massachusetts Criminal Defense Attorney

Street_1_6_12

Massachusetts False Allegation of Domestic Violence Lawyer

Were You Targeted in a Fraudulent Complaint?
Boston Fraudulent Complaints Attorney Steven J. Topazio Defends Domestic Violence Charges

False allegations occur very frequently, especially common in child sex abuse situations. In dealing with any false allegation of rape, sexual assault or child abuse, I find it is extremely important to get to know the accuser. Some who make false allegations are very antagonistic, seeking to use the criminal justice system to carry out a personal grudge against my client. Others are sympathetic. They may simply be mistaken about what happened or who was involved.

Boston Criminal Defense Attorney Steven J. Topazio has a solid track record of defending people accused of domestic violence. Reading or watching the news tells us that there are disturbing instances of domestic violence frequently in various places throughout the country. We are shocked and horrified when we learn that parents killed a child, a son or daughter killed a mother or father; or a husband killed a pregnant wife. Society seeks to protect such people from violent acts in families and relationships through strict laws.

The flip side of this coin is the frequency with which disgruntled or enraged girlfriends, boyfriends, wives and husbands file fraudulent complaints against each other. Sometimes in an apparent desire to influence child custody orders or to exact revenge after a betrayal, a domestic partner will bring the police into what is basically a private matter.
Contact Boston Criminal Defense Attorney Topazio to schedule a consultation regarding any of the following charges that you face based on falsified or trumped-up charges

One phone call to the police made in the heat of a domestic dispute sets in motion a series of events in the criminal justice system. A fraudulent complaint morphs into a serious criminal matter, regardless of whether the two people involved reconcile or whether the accuser recants. A fraudulent complaint often involves outright fabrication and lies — and can very well result in jail time for the defendant. The accused needs a strong defense to contain the damage.

If you have been named in an order of protection, have been charged in a fraudulent complaint alleging domestic abuse or have even been convicted already for crimes that you know you did not commit against your family member or former love interest, you are urged to discuss your options with an experienced Boston Criminal Defense Lawyer.
It is very important that you not discuss the matter with investigators, with police officers or with family members before you are represented by an attorney who is familiar with the system, and has a proven track record of success.

Contact Boston Criminal Defense Lawyer Steven J. Topazio, Today

Your choice of a lawyer can have an impact on the rest of your life. Don’t take chances by waiting until it’s too late. To schedule a free consultation, call or contact us online.

contact us icon

RECENT CASE DECISIONS

False Allegations of Domestic Assault and Battery MGL c 265 § 13M(a) result in Dismissal at Trial

The client was arrested under false pretenses accusing him of the crime of domestic assault and battery. The client and his fiancée had attended a Red Sox game and concluded the night with a drink at a local bar. After the bar the couple ventured back to their hotel where they argued about the client’s need for medical care. When the argument escalated, a noise complaint was called to the front desk. Two security staff members entered the room and talked to the couple. Both parties denied any fight and said they were both fine.

After talking to the parties, one of security staff members independently decided to call 911 because he saw a broken phone and blood on the bed. Police responded to the hotel. Although the client’s fiancée talked with the officer, she denied that she was struck and stated she was only in an argument. She also stated that the source of the blood was from her fiancé due to his medical condition.

Despite the complainant’s insistence that she was not hit her fiancé her fiancé was still arrested.  The charge of domestic assault and battery carries a potential penalty of not more than 2 ½ years or a fine not more than $5,000 or both such a fine and imprisonment. For any violation of this statute, or as a condition of a continuance without a finding, the court shall order the defendant to complete a certified batters intervention program unless, upon good cause shown, the court issues specific written findings describing the reasons that batterer’s intervention should not be ordered. Today at the client’s trial the Commonwealth argued that the officer’s observation of blood in the hotel room indicated that an assault and battery had been committed.  Attorney Topazio pointed out that a DNA test was never performed on the blood to determine who it came from and further produced medical records regarding his client that indicated that he was the source of the blood and not his fiancé, which helped to persuade the court to dismiss the case against his client.

November 15, 2013
Chelsea District Court
Docket # 1214CR0129
Assault and Battery, MGL c. 265 § 13A(a)
Assault and Battery With Dangerous Weapon, MGL c. 265 § 15A(b)
Witness Intimidation, MGL c. 268 § 13B
Domestic Violence
False Allegations
The client, a 29 year old green card holder from Honduras, was arrested after police alleged she struck the victim and her son after being caught in an affair with the victim’s husband, was represented by Boston Criminal Attorney Steven J. Topazio. According to the police report, the client was charged with an Assault and Battery on victim and her son, after pulling the victim’s hair and pushing the son when she got in between the victim and her husband who allegedly attacked the victim and kicked her. Attorney Topazio met with the supervising district attorney in an attempt to avoid a trial and represented not only did his client have an alibi to this crime but felt it was unfair to only prosecute the client in this situation and not the husband. Although the district attorney offered a continuance without a finding, Attorney Topazio requested pre-trial probation arguing that it is both arbitrary and unfair to only charge his client with a crime, and not the husband for his similar and arguably more egregious conduct. Attorney Topazio pointed out that this case primarily revolves around his client having an affair with the victim’s husband after the victim discovered a sex video. Attorney Topazio argued that the discovery of this sex tape is what is motiving the victim to fabricate the allegations against his client. Today, Attorney Topazio convinced the district attorney to grant his client pre-trial probation, thus avoiding a trial and any immigration consequences, and the court agreed.
Result: Case to be dismissed after period of pretrial probation.

November 13, 2013
Boston Municipal Court
Docket # 1201CR4868
False Application for MV License MGL c. 90 § 24B
The client, a 45 year old union carpenter, was charged with submitting forged insurance documents to the Registry of Motor Vehicles to obtain a motor vehicle registration, was represented by Boston Criminal Defense Lawyer Steven J. Topazio. Through intensive investigation, Attorney Topazio discovered that although the client paid for insurance, the person the client paid fraudulently used an insurance stamp from Occidental Fire and Casualty Company of NC to show proof of insurance so that the client’s vehicle could be registered. Attorney Topazio argued that his client was a victim of an insurance scam but the district attorney refused to dismiss the case. Attorney Topazio pushed the case to trial. Today on the day of trial, Attorney Topazio convinced the court to dismiss all charges against his client.
Result: Case dismissed at trial.

April 02, 2013
Chelsea District Court
Docket # 1214CR1298
Threat to Commit Crime MGL c. 275 § 2
Witness Intimidation MGL c. 268 § 13B
Domestic Violence
The client, a 38 year old father of two, was arrested after his niece with whom he lived accused him of threatening her and engaging in witness intimidation, was represented by Boston Criminal Attorney Steven J. Topazio. According to the Police Report, the niece, who sold her car to the client, demanded it back from the client then threatened to call the police on the client after she alleged the client stated that he would hurt her or possibly kill her if she called the police. Attorney Topazio discovered that his client, who lived in the same house as his niece, agreed to purchase his niece’s car after she moved out with a young man to have a baby. Attorney Topazio discovered that his client paid cash for the down payment on the car and took over the payments after his niece left. When the niece moved back in, she confronted the client and asked for the keys back. That when the client asked to be reimbursed for all the money he paid for the car, the niece accused her uncle of a crime, and obtained a restraining order against him effectively forcing him out of his house. Attorney Topazio moved the case to trial. During the course of a two day jury trial, Attorney Topazio established that his client did not threaten his niece, but rather was falsely accused of saying that if she called the police people would end up dead. The client was found not guilty on both counts.
Result: Not Guilty on all charges after Jury Trial.

April 05, 2012
Waltham District Court
Docket # 1251 RO 63
False Allegations
Hearing on Permanent Restraining Order
Restraining Order MGL c. 209A
The Client, a 39 year-old, who was separated from her husband, contacted Criminal Defense Attorney Steven J. Topazio after being served with a temporary restraining order from her estranged husband. The restraining order alleged that the Client assaulted her husband in his place of employment, slapping him in the face because he wouldn’t sign her application for a green card. The husband claimed he didn’t want to engage in any illegal acts. The husband further alleged that he was threatened by his wife by claiming she said she would get an attorney who would give him trouble. Attorney Topazio entered his appearance and continued the hearing on the permanent order so as to prepare his defense. Attorney Topazio obtained his client’s employment records which showed that she was working on the day of the alleged incident. Attorney Topazio further obtained a copy of his client’s valid “green card” or United States of America Permanent Resident card so as to challenge the husband’s credibility at time of the court hearing. Attorney Topazio further discovered that his Client called the police on her husband after he left her for another woman, several months prior to this incident. Attorney Topazio obtained that police report which indicated that the husband threatened his wife with physical harm and told her to leave the country and to move back to Mexico when she asked for a divorce. Today, after a full hearing, Attorney Topazio convinced the court to vacate the temporary restraining order against his Client arguing that the husband had fabricated the claims against his Client so as to get leverage in the pending divorce.
Result: Restraining Order Vacated.

March 20, 2012
Fitchburg District Court
Docket # 1116CR1998; 1116CR1723
False Allegations
Attempted Murder M.G.L. c. 265 § 16
A&B M.G.L. c. 265 § 13A(a)
Violate Abuse Prevention Order M.G.L. c. 209A § 7
Aggravated A&B c. 265 § 13A(b)
Witness Intimidation M.G.L. c. 268 § 13B
Malicious Damage to Motor Vehicle M.G.L. c. 266 § 28(a)
The client, an 18 year old High School student, was arrested on domestic violence charges involving his girlfriend with whom he lived, hired Attorney Topazio to represent him. Shortly after the first case, the client got into another altercation with his girlfriend after which she applied for a restraining order. After this event, the girlfriend alleged that there was an incident between the parties wherein she alleged that the client violated the restraining order by trying to strangle her where she lost consciousness, and as a result the client was arrested on attempted murder charges. In preparation of the case, Attorney Topazio obtained cell phone records between the parties suggesting no attack occurred and that the girlfriend was making false allegations. Attorney Topazio spoke with witnesses to prepare his defense. Attorney Topazio also identified alibi witnesses which called into question the veracity of the girlfriend’s allegations that she was attacked when she claimed she was attacked. During the several months of pre-trial preparation, Attorney Topazio discovered prior incidents of false allegations made by the girlfriend against former boyfriends which resulted in criminal complaints being dismissed. Attorney Topazio obtained copies of these complaints in an attempt to show a pattern of making false allegations. Today, despite the Commonwealth’s request for yet another continuance on the scheduled probable cause hearing, Attorney Topazio was successful in getting the Court to deny the Commonwealth’s request and persuaded the Court to dismiss all charges for want of prosecution.
Result: All charges dismissed.

February 08, 2012
Chelsea District Court
Docket # 1114CR1909
False Accusations
A&B, M.G.L. c. 265 § 13A 
Intimidation of a Witness, M.G.L. c. 268 § 13B 
The client, a 21 year old father of one child, was arrested on a domestic assault and battery after getting into a fight with his baby’s mother who caught him with another woman. The police report alleges that the client grabbed his girlfriend by the neck and held her down on her bed until she started to choke. The girlfriend was treated by ambulance technicians and the girlfriend obtained an emergency 209A restraining order. Attorney Topazio utilized the help of an investigator and learned that his client and the girlfriend lived in the same apartment which the client rented. Attorney Topazio argued that the girlfriend wanted to through her boyfriend out of his own apartment because she had nowhere to go and may have made false allegations against him to avoid having to evict him. Attorney Topazio argued that the girlfriend was using the emergency 209A order as a form of self help eviction. Today at trial, Attorney Topazio was successful in getting the case against his client dismissed.
Result: Case dismissed at trial.

December 13, 2011
Chelsea District Court
Application for Criminal Complaint
Magistrate’s Hearing
Assault & Battery, MGL c. 265 § 13A
The client, a 49 year old merchant from the City of Chelsea, received an application for criminal complaint which alleged he committed an assault and battery on one of his customers. Attorney Topazio met with his client and obtained a copy of the police report which alleged the client kicked a hand basket the Spanish speaking customer/complainant was holding, which then struck his leg. Attorney Topazio interviewed a Spanish Speaking employee of the client who witnessed the event. The witness indicated that the complainant was the aggressor and confirmed that the client did not kick any hand basket. Attorney Topazio further discovered that prior to the hearing; a complaint was filed against his client with the Massachusetts Commission Against Discrimination, MCAD, which alleged that the client kicked the complainant in the leg, not the hand basket, because the client discriminates against Hispanics. Today, Attorney Topazio had his client’s Hispanic employee come to court to testify at the hearing and argued that the reason for the discrepancy in the two reports was because the complainant had fabricated the assault and battery charge and made the false allegations against his client in an attempt to profit financially from him, and the court agreed.
Result: Case dismissed.

December 06, 2011
Chelsea District Court
Docket # 1114CR1915
Assault and Battery, MGL c. 265 § 13A(a)
Assault with Dangerous Weapon MGL c. 256 § 15B(b)
Destruction of Property MGL c. 266 § 127
The client, a 40 year old Iraq War Army veteran, called police to remove his girlfriend from his apartment after they got into a fight in which she scratched him on the back. Despite going to police, the client was arrested after the police spoke to the girlfriend and concluded that the client was the primary aggressor. The girlfriend alleged that the client was jealous of her and accused her of cheating on him after reading her diary. The girlfriend further alleged that the client threw the diary at her then grabbed her by the throat and began to strangle her. Attorney Topazio hired a private investigator to speak with the complainant in an attempt to pin down her testimony and further to cooberate his client’s version of the facts. Attorney Topazio learned that the girlfriend recanted her statements to police. After learning this information, and refusing to accept a plea bargain from the Commonwealth, Attorney Topazio continued the case for trial. Today at trial, Attorney Topazio moved to have his client’s case dismissed for want of prosecution after the Commonwealth moved for a continuance after announcing to the court that they were not ready to proceed to trial, and the court agreed.
Result: Case dismissed at trial.

November 15, 2011
Fitchburg District Court
Docket # 1116CR1998; 1116CR1723
Attempted Murder M.G.L. c. 265 § 16
A&B M.G.L. c. 265 § 13A(a)
Violate Abuse Prevention Order M.G.L. c. 209A § 7
Aggravated A&B c. 265 § 13A(b)
Witness Intimidation M.G.L. c. 268 § 13B
Malicious Damage to Motor Vehicle M.G.L. c. 266 § 28(a)
Arrest Warrant
The client, an 18 year old High School student, was initially arrested on domestic violence charges involving his girlfriend with whom he lived, hired Attorney Topazio to represent him. Prior to the next scheduled court date, the client got into another altercation with his girlfriend after which she applied for a restraining order. Attorney Topazio immediately obtained a witness statement indicating that the girlfriend was the aggressor and shared this information with investigating police. So as to prevent a warrant from being issued by police against his client, Attorney Topazio negotiated a situation whereby he allowed his client to provide a statement to police and to accept service to the temporary restraining order, in exchange for the police agreeing not to issue warrant for the client’s arrest but rather agreeing to issue summons to both parties as mutual combatants. After this event, the girlfriend alleged yet again that there was a third incident between the parties wherein she alleged that the client violated the restraining order by trying to strangle her the day before his scheduled court appearance, and as a result the client was arrested on attempted murder charges. In preparation of the bail argument, Attorney Topazio obtained cell phone records between the parties suggesting no attack occurred and that the girlfriend was making false allegations. Attorney Topazio also presented alibi witnesses at his client’s arraignment which called into question the veracity of the girlfriend’s allegations that she was attacked. Despite the Commonwealth’s request to revoke his client’s bail and to hold him on $50,000.00 bail on the Attempted Murder case, Attorney Topazio was successful in getting the Court to deny the Commonwealth’s Motion to Revoke Bail and further to get his client released from custody on the condition of electronic monitoring through the Massachusetts Probation Electronic Monitoring Program, and the Court agreed.
Result: Warrant withdrawn and client released from custody on electronic monitoring “ELMO Program.” Case pending.

November 10, 2011
Chelsea District Court
Docket # 1114CR2647
Witness intimidation M.G.L. c. 268 § 13B
The client, a 30 year old auto mechanic, was arrested for witness intimidation when he allegedly gave misleading answers to police engaged in a police investigation. The client was arrested when he fled from a motor vehicle that was being chased by police. The client indicated that he was a back seat passenger in the motor vehicle, did nothing wrong, and just out with a friend who picked him up for a ride. When the police asked for the driver friend’s name, the client only identified him by a nickname, stating he did not know his true name. The police unsatisfied with the client’s response insisted that he knew the driver’s true name but refused to give it to the police, and tried to mislead them with then nickname. Attorney Topazio challenged the Commonwealth’s use of the witness intimidation statute in this fashion. Attorney Topazio pointed out to the Commonwealth that an individual can violate the statute if he misleads a witness or potential witness at any stage of a criminal investigation, but argued that the police had no information to suggest that his client was not telling the truth when he told police that he could not identify the driver of the motor vehicle other than by a nickname. Today, Attorney Topazio convinced the Commonwealth to dismiss the case against his client, and the Court agreed.
Result: Case dismissed.

July 15, 2010
Brighten District Court
Magistrate’s Hearing
Application for Criminal Complaint
Domestic Assault and Battery
The defendant, a business professional with no prior criminal record, hired Attorney Topazio after being accused of punching his wife with a closed fist numerous times; throwing her into a bathtub injuring her; then choking her to prevent her from calling the police. Attorney Topazio reviewed hospital records and the evidence in the case then met with the investigating detective in an attempt to resolve the matter without his client being formerly charged. Today, after addressing the court’s and detective’s concerns during a magistrate’s hearing, Attorney Topazio convinced a clerk magistrate not to issue a criminal complaint against his client.
Result: Complaint dismissed and client maintains a clean record.

July 07, 2010
Boston Municipal Court
1001CR1211
Assault & Battery M.G.L. c. 265 § 13A
Possession of Class D M.G.L. c. 94C § 34
The defendant, who was at the Massachusetts General Hospital with his girlfriend and infant child, was arrested by police when nurses heard the victim yell she was being hit and observed the defendant pulling the victim by the hair as she was on the floor. When interviewed by police, the victim alleged that the defendant punched her in the face with a closed fist and then grabbed her by the neck and dragged her across the room by her hair as she was screaming for help. Attorney Topazio, who represented the defendant, pushed the case to trial arguing that his client was the real victim. Attorney Topazio obtained photos of his client’s leg where he was bitted by the alleged victim and challenged the victim’s motivation and credibility. Attorney Topazio met with the Assistant District Attorney and explained that his client, who had a child with the alleged victim, was attempting to leave the hospital when he was grabbed by the victim in an attempt to stop him from leaving. When the defendant refused and turned to walk out, she slid down to the ground and out of frustration, bit the defendant in the leg. After being bitten, Attorney Topazio pointed out that the defendant grabbed the alleged victim by the hair to get her off him, which is what the nurse observed, but misinterpreted. Today at trial, due to a development of the facts of the case by Attorney Topazio, the count for Assault and Battery against the defendant was dismissed and the charge for possession of class D, marijuana, was continued without a finding for six months, despite his client’s lengthy criminal record.
Result: Count for Assault and Battery dismissed at trial.

May 28, 2010
Chelsea District Court
0914 CR 3290
False Report of Motor Vehicle Theft, M.G.L. c. 268, § 39
The defendant, a professional mother of a young child, was arrested after making a false report that her motor vehicle was stolen, hired Attorney Topazio. Attorney Topazio discovered that his client made the false report because her boyfriend pressured her into doing so when he was allegedly seen by police abandoning her car which he had been using, which later was found to contain 34 plastic bags of cocaine. At his client’s arraignment, Attorney Topazio met with the District Attorney in an attempt to resolve his client’s case, arguing that his client was coerced into breaking the law by her boyfriend and thus not responsible. Attorney Topazio pointed out that his client, who had no criminal record, allegedly confessed to the police as to what she had done and took responsibility for her actions. Attorney Topazio pointed out that his client’s boyfriend pressured his client to report the car stolen so he wouldn’t get arrested. Today, after several court appearances, Attorney Topazio convinced the District Attorney to place his client on pre-trial probation for a period of six months, instead of having his client plead guilty or admit to sufficient facts, thus preserving her record and career.
Result: Client placed on pre-trial probation and avoids a trial and a felony conviction thus preserving her record and career.