Recent Cases Archive - Page 38 of 45 - Attorney Steven J. Topazio

Motion to Terminate Probation : No action on Motion to Terminate Probation subject to argument at a later date but all conditions of probation vacated and supervised probation converted to limited probation with no reporting.

The defendant, who was on probation, wanted to terminate his probation early, and hired Attorney Topazio. On May 12, 2009, the defendant pled guilty to the lesser included offense of Assault and Battery and was placed on probation for two (2) years to May 12, 2011, with conditions of probation that included, among other things, random alcohol and drug testing, and counseling. Attorney Topazio contacted his client’s therapist and learned that his client completed all read More

Application for Restraining Order M.G.L. c. 209A: Restraining Order vacated.

The defendant, who had been divorced for several years, received notice of an Abuse Prevention Order filed against him by his ex-wife, hired Attorney Topazio. Attorney Topazio obtained a copy of the supporting affidavit which supported the Temporary Restraining Order and learned that the complainant was placed in fear from phone calls attributed to the defendant. Attorney Topazio had his client compile six months of his phone records and verification of his whereabouts for the read More

Magistrate’s Hearing Speeding, M.G.L. c. 90 § 17 No Seat Belt, M.G.L. c. 90 § 13A: Defendant not responsible, case closed.

The defendant, who operates a courier service, was given a citation for speeding and not wearing his seat belt, hired Attorney Topazio to represent him at a Magistrate’s Hearing. Today, Attorney Topazio argued that his client, who was nervous when stopped by police, instinctively went to remove his seatbelt which he thought was on, and was accused of being untruthful by the officer when questioned on that point. Attorney Topazio convinced the Magistrate to give read More

Division of Insurance Board of Appeal on Motor Vehicle OUI License Suspension : After hearing the defendant’s license suspension vacated and driving privileges issued fulltime forthwith.

The defendant, while away at college in the State of Rhode Island was convicted in 2007 of OUI and had his license suspended. After serving his license suspension the defendant had his license reinstated by the State of Rhode Island as a result of the OUI conviction. After several years, the Registry of Motor Vehicles in Massachusetts notified the defendant that he needed to bring documentation verifying that there were no suspension in Rhode Island read More

Speeding MGL c. 90 § 17 : Defendant not responsible, case closed.

The defendant, a local taxicab driver, received a citation for speeding. The citation indicated that the defendant was allegedly caught on Radar traveling 66 mph in a 45 mph zone. The client hired Attorney Topazio. A basic summary of how radar works is that a pulse is transmitted and any return or echo is listened for. If a return is sensed, the timing between the transmission and the reception of the echo is used to read More

OUI liquor or .08% M.G.L. c. 90, § 24(1)(a)(1) Marked Lane Violation M.G.L. c. 89, § 4A: The Defendant receives a CWOF and three days after entering an alcohol program received a 12 hour license thus being able to work.

The defendant, a taxicab driver and owner of a taxi medallion, was arrested on April 15, 2010 for operating under the influence of alcohol (also known as OUI or DWI) when he was observed by a private citizen who informed local police that the taxicab was operating erratically. When the police arrived, the taxicab was observed to cross the double yellow line and was pulled over. The officer who detected an odor of alcohol coming read More

Possession of Crack Cocaine, Class B MGL c. 94C, § 34: Case dismissed prior to arraignment.

The defendant, who was represented by Attorney Topazio, appeared in the Chelsea District Court for an arraignment for the charge of possessing crack cocaine. The case against the defendant was initially dismissed without prejudice at a Jury date because the Commonwealth did not have the drug certificate of analysis. Attorney Topazio objected to the arraignment because he alleged that the court papers indicated that after the initial dismissal the defendant must receive notice of a read More

Improper Passing MGL c. 89 § 2: Defendant operator not responsible, case closed.

The defendant who was stopped behind a second motor vehicle at Roosevelt Circle, received a citation when he passed that vehicle on the right because the operator of the second vehicle was talking to an operator of a third vehicle and was not moving, received a citation. The client hired Attorney Topazio. Today after a Clerk’s hearing, Attorney Topazio convinced a Clerk Magistrate to find the driver not responsible, thus preserving his clean driving record.

Trespass M.G.L. c. 266 § 120 Resist Arrest M.G.L. c. 268 § 32B: Case dismissed.

Officers of the Beth Israel Deaconess Medical Center Police Department which were dispatched to the emergency department to remove the defendant who was verbally trespassed earlier in the night for verbally threatening staff because he believed his friend was not being treated quickly enough, was arrested. The defendant, a Marine who recently returned from a tour in Iraq, hired Attorney Topazio. Attorney met with the prosecuting attorney in an attempt to resolve his client’s case read More

Possession with intent to distribute Class B, M.G.L. c. 94C, § 32A: Case dismissed prior to arraignment and criminal record preserved.

The defendant, who was represented by Attorney Topazio, was summonsed to court for possession with intent to distribute a class B substance, when crack cocaine was found in his motor vehicle which was being operated by a second individual who was involved in a drug sale with an undercover officer. The second individual, who was the operator of the defendant’s motor vehicle, was arrested at the scene. When an additional amount of drugs were found read More