Steven J. Topazio - Attorney At Law

An investigation by the Boston Police Special Investigations Unit and investigators from the Insurance Fraud Bureau found that the defendant reported to his insurance company that while driving his vehicle that an unknown vehicle struck his vehicle and fled, causing over $6,000.00 worth of damage. The investigation found that the suspect did not notify the police of the hit and run. A forensic examination of the defendant’s vehicle found that the vehicle struck a stationary object while in motion. Recovered from the vehicle was creosote/wood material. When confronted with the evidence the defendant gave conflicting statements. The defendant, who abandoned his insurance claim, hired Attorney Topazio to defend him. Attorney Topazio met with the prosecuting attorney in an attempt to dispose of the case without an admission or plea, as an admission to the offence would ruin his client’s career. Attorney Topazio suggested to the Commonwealth that his client was never paid by the insurance company, that he receive a period of pre-trial probation to resolve the case. Pursuant to Massachusetts General laws, chapter 276, section 87, a court may place an individual on probation for such time and upon such conditions as it deems proper, with the defendant's consent, before trial and before a plea of guilty. Pre trial probation is a mechanism to resolve a criminal case without requiring an admission to sufficient facts or a guilty plea. If successful, the criminal charges will be dismissed outright, thus protecting an individual’s criminal record as well as his reputation. Today, Attorney Topazio persuaded the Assistant District Attorney and the judge to place his client on pre-trial probation for a period of three months on the condition that his client pays a fine.

The defendant, who allegedly tried to steal tools from an elderly man's pick-up truck parked at the Home Depot on Route 1 in Saugus, MA, was confronted by the owner of the truck, a 60-year-old male, who after coming outside tried to detain the defendant when he saw him trying to steal something from the toolbox on the side of his truck. The defendant, who was grabbed by the owner, jumped into his motor vehicle in an attempt to flee, and dragged the victim through the parking lot before the victim fell to the ground injuring himself. The defendant was arrested and charged with breaking and entering in the day time, larceny, attempt to commit a crime, assault and battery on a person 60 years or older, and being a career criminal, hired Attorney Topazio to defend him. A habitual criminal is a person who has a criminal record indicating a propensity to crime and is subject to harsher penalties. Being an habitual offender meant the defendant had been convicted and served at least two prior state prison sentences where he had received a sentence of at least 3-5 years committed to state prison. The habitual offender charge is an enhanced punishment statute which imposes mandatory prison time for the maximum term of imprisonment of the underlying felony. As a result, the defendant was facing a mandatory 10 year jail sentence for the crimes he committed if convicted. Despite the mandatory time, Attorney Topazio was successful in causing his client to be released on bail in lieu of being held in custody. Prior to resolving the case however, and while his client was out on bail, the defendant committed yet another offense originating out of the Boston Municipal Court when he was found in possession of multiple bags of heroin. The client was arrested and charged with possession of a class A substance with intent to distribute in a school zone. A school zone violation carries a two year mandatory jail sentence. Fearing a subsequent indictment, the defendant agreed to plea guilty in the Boston Municipal Court and was committed to the house of correction for two years. Today, just two weeks after receiving a 2 year mandatory house of corrections sentence, when the defendant appeared in Essex Superior Court where Attorney Topazio was successful in convincing the Assistant District Attorney and the Court to dismiss the habitual offender charge upon his client’s agreement to plea guilty on the remaining offenses to a 4-5 year state prison sentence, to be imposed forthwith. When a state prison sentence is imposed forthwith, the underlying house of corrections sentence is wiped out and the state prison sentence begins immediately.