• August 28, 2023 at 3:52 pm by Steven Topazio

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

• August 23, 2023 at 3:11 pm by Steven Topazio

The process and requirements for obtaining a Cinderella driver’s license (also known as a hardship or restricted license) after a drunk driving arrest and license suspension can vary by state and jurisdiction. In Massachusetts, hardship licenses are only granted to Massachusetts driver’s license holders. If you are approved, the RMV may only grant an identical 12-hour, 7 day license. Hardship License Application Process: The application process for a hardship license can involve several steps, including read More

• August 9, 2023 at 2:39 pm by Steven Topazio

10 Points to consider when selecting an attorney for a Boston car accident case: 1) Expertise and Knowledge: Car accident cases can be complex, involving various legal and insurance issues. A skilled attorney with experience in handling Boston car accident cases will have the necessary expertise and knowledge to navigate through the complexities of the legal system, ensuring that your rights are protected and that you receive the best possible outcome. 2) Assessment of Damages: read More

• July 19, 2023 at 4:37 pm by Steven Topazio

In Firearms cases, the prosecution must now prove an added element that you did not have a firearms license or valid firearm ID card and can no longer force you to prove that you had such a license at trial. Presenting evidence of possession of a firearm without a license is now the Commonwealth’s burden. The Case: COMMONWEALTH vs. CARLOS GUARDADO, 491 Mass. 666 (2023)Following a jury trial, Guardado was convicted of unlawfully carrying a read More

• July 10, 2023 at 4:02 pm by Steven Topazio

If you were found guilty of drunk driving because of a failed Breathalyzer test you can still fight thecase to get your OUI Conviction Overturned. OUI and DWI Breathalyzer Cases:In the case of Commonwealth v. Hallinan, 491 Mass. 730 (2023), the court determined that all defendants who pleaded guilty or went to trial in an OUI or DWI case and submitted to a breathalyzer test with a Draeger Alcotest 9510 from June 1, 2011 to read More

• June 21, 2023 at 1:42 pm by Steven Topazio

In the realm of law, attorneys are often perceived as fierce advocates who fight tooth and nail to protect their clients. However, there are instances where the true power of legal representation lies not only in winning cases but also in finding compassionate solutions that address the underlying issues faced by their clients. Attorney Topazio recently managed to secure a favorable outcome for a client who had shoplifted groceries due to dire circumstances. The Case:In read More

• June 14, 2023 at 2:42 pm by Steven Topazio

In a recent case the court concluded that a judge has the inherent power to expunge the record of a civil abuse protection order, issued against a defendant pursuant to G. L. c. 209A, from the Statewide domestic violence registry system, in the rare and limited circumstance where the judge has found through clear and convincing evidence that the order was obtained through fraud on the court. In this case, Jake Jones and Amanda Adams read More

• May 25, 2023 at 3:14 pm by Steven Topazio

In a recent case, the defendant, a building contractor, engaged through various business entities in the construction and improvement of residential homes. At the conclusion of a five-day trial, a Superior Court jury convicted each defendant of five counts of embezzlement of funds deposited with them by two customers, for the purpose of building a home. In accordance with purchase and sale agreements presented by the defendants for the construction of homes, the customers had read More

• May 18, 2023 at 2:13 pm by Steven Topazio

Did you know that in Massachusetts stun guns are no longer illegal – Massachusetts courts concluded that stun guns are considered to be ‘arms’ and fall within the protection of the Second Amendment to the United States Constitution. Furthermore, it was ruled that the absolute prohibition in G. L. c. 140, § 131J, barring all civilians from possessing or carrying stun guns, even in their own homes, was inconsistent with the Second Amendment and therefore read More