What is a Terry Stop
- April 18, 2024 at 4:58 pm by Steven Topazio
A “Terry stop” allows law enforcement officers to briefly detain a person based on reasonable suspicion of involvement in criminal activity, even if the officer lacks probable cause for an arrest. Here are the key points about a Terry stop: Reasonable Suspicion: For a Terry stop to be lawful, the police officer must have a reasonable suspicion, based on specific and articulable facts, that the person has been, is, or is about to be engaged in read More
How do you Seal a Criminal Record and what does that mean?
- March 27, 2024 at 3:22 pm by Steven Topazio
How do you Seal a Criminal Record and what does that mean? When we talk about “sealing a criminal record,” it means legally hiding or restricting access to certain information about a person’s criminal history. This process is often pursued by individuals who have been convicted of a crime but want to move on with their lives without the burden of their past mistakes hindering their future opportunities. Here’s a breakdown of the steps a lawyer read More
Sealing Criminal Records
- March 13, 2024 at 4:23 pm by Steven Topazio
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
- February 13, 2024 at 11:28 pm by Steven Topazio
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
- February 1, 2024 at 4:39 pm by Steven Topazio
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
- January 24, 2024 at 6:53 pm by Steven Topazio
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
- January 8, 2024 at 5:02 pm by Steven Topazio
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
- November 15, 2023 at 3:25 pm by Steven Topazio
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
- November 2, 2023 at 3:03 pm by Steven Topazio
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
- September 28, 2023 at 4:54 pm by Steven Topazio
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