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
The odor of burnt Marijuana alone cannot justify an exit order from a motor vehicle
- September 12, 2023 at 6:36 pm by Steven Topazio
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
- 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
Applying for a Hardship/Cinderella Driver’s License
- 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
When selecting an attorney to represent you in your car accident case, consider these 10 points
- 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
Possession of a Firearm Without a License
- 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