Recent Cases Archive - Page 36 of 45 - Attorney Steven J. Topazio

Habitual Offender M.G.L. c. 279 § 25 Assault and Battery by Means of a DW, Victim 60 or older M.G.L. c. 265 § 15A(a) Larceny Under $250 M.G.L. c. 266 § 30 Attempt to Commit a Crime M.G.L. c. 274 § 6 BE daytime with intent to commit a felony M.G.L. c. 266 § 18: Defendant avoids a mandatory 10 year state prison sentence and accepts a 4-5 state prison sentence forthwith thus wiping out a mandatory 2 year house of corrections sentence after only serving two weeks of that sentence.

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 read More

Intentionally Omitted Armed Assault with intent to Murder M.G.L. c. 265 §15 Aggravated Assault and Battery with a Dangerous Weapon M.G.L. c. 265 §15A Assault and Battery by means of a Dangerous Weapon M.G.L. c. 265 §13A Assault and Battery M.G.L. c. 265 §13A: Youthful Offender offenses dismissed and client avoids incarceration and an adult criminal record.

On or about February 19, 2007, the Transit Police Department began an investigation into the stabbing of an individual at the Back Bay T stop who had been stabbed 21 times. By speaking with witnesses and viewing MBTA video, Transit police were able to see a group of six to eight males run from MBTA inspectors. The defendant, a juvenile, who was identified as a member of the group, although not the stabber was charged read More

Negligent Operation of Motor Vehicle M.G.L. c. 90 §24(2)(a) Crosswalk Violation M.G.L. c. 89 §11: Motion to dismiss case allowed.

The defendant, who was accused of nearly running a pedestrian over, was arrested after Boston police reviewed a recording of the incident from a Boston City Hall Security camera. According to the police report, the video was requested and preserved. Attorney Topazio, who represented the defendant, requested a copy of the video from the Commonwealth and indicated said request on a pre-trial conference report that was filed with the court. The case was continued several read More

Magistrate Hearing Use/Avoid Easy pass lane : After hearing Defendant found not responsible and maintains his client’s driver's license, protecting his livelihood.

The defendant, a Boston cab driver who relies on his driver’s license to earn a living, received a citation from a State Trooper for not using the easy pass lane when entering the Sumner Tunnel as required by law, hired Attorney Topazio to represent him. Attorney Topazio instructed his client to appeal the citation so as to be granted a Magistrate’s hearing so he could contest the citation. Today, Attorney Topazio, as a result of read More

Negligent Operation of Motor Vehicle M.G.L. c. 90 §24(2)(a) Marked Lanes Violation M.G.L. c. 89 §4A Operating with a Suspended License M.G.L. c. 90 §23 Speeding M.G.L. c. 90 §17: Case dismissed on payment of court fines and record and driving privileges preserved.

The defendant, a United States Marine who recently returned from a tour in Iraq, was cited for operating negligently when State Police observed him traveling in excess of 95 mph and making aggressive lane changes. The State Police pursued the defendant and had to accelerate to speeds in excess of 120 mph to catch him. When the defendant was stopped he was also cited for operating with a suspended license, marked lanes violation and speeding. read More

Assault and Battery M.G.L. c. 265 § 13A Pretrial Probation M.G.L. c. 276 § 87: Defendant’s record and career saved and case to be dismissed after successful completion of period of pretrial probation.

The defendant, a professional tax analyst, was arrested on two counts of A&B after being witnessed by police punching two individuals in the face and knocking them to the ground, was represented by Attorney Topazio. Attorney Topazio learned that when his client was arrested he was walking with a friend, who happened to be Jewish, through the Holocaust Memorial on Union Street in Boston, when he heard two other individuals walking in the opposite direction read More

Violation of Probation : Client is placed back on probation and avoids incarceration despite the stipulation to a probation violation

The defendant, who had previously been found guilty of two drug offenses and placed on probation in Suffolk Superior Court, was arrested on a felony larceny charge while on that probation and faced a probation surrender, hired Attorney Topazio. Attorney Topazio was successful at the initial probation surrender hearing in convincing the court not to detain his client pending the final surrender hearing. Once he caused his client to be released on his own recognizance, read More

Abuse Prevention Order, Violate, M.G.L. c. 209A § 7 Threat to Commit Crime, M.G.L. c. 275 § 2 Intimidate a Witness, M.G.L. c. 268 § 13B Stalking in violation of Restraining Order, M.G.L. c. 265 § 43(b): Case dismissed by the court finding that a prosecution violated the Double Jeopardy Clause.

The defendant, who was a recovering addict, suffered a drug relapse after he lost his job of several years; experienced the trauma of his substance abuse counselor dying two weeks prior to his arrest, then relapsed when his girlfriend left him with their infant daughter and obtained a restraining order against him. During the drug relapse, the defendant was arrested for violating the restraining order after threatening to kill his girlfriend. The defendant hired Attorney read More

Docket Intentionally Omitted Seal criminal records M.G.L. c. 276, § 100C : Case Permanently Sealed.

The defendant a graduate of Cape Cod Community College hired Attorney Topazio to seal his criminal record which conprised of three individual cases, consisting of two counts for assault and battery, B&E Nighttime with intent to commit a felony, intimidation of a witness, and two motor vehicle violations. The defendant who planned to enter nursing school wanted to advance his career. As a result the Client wanted his record sealed prior to applying to nursing read More

Affray (common law) M.G.L. c. 277 §39: After hearing, Motion to Dismiss allowed and case dismissed.

The defendant was arrested by police after being seen fighting with another individual in the vicinity of a public park, and charged with the crime of affray. The elements of affray are (1) fighting together of two or more persons (2) in a public place, and (3) to the terror of the persons lawfully there. Attorney Topazio, who represented the defendant, filed a motion to dismiss the complaint alleging the magistrate who issued the complaint read More