Recent Cases Archive - Page 39 of 44 - Attorney Steven J. Topazio

OUI liquor or .08% M.G.L. c. 90, § 24(1)(a)(1) Possession of open Container of alcohol in MV M.G.L. c. 90, § 24I: After trial the Defendant found not guilty of operating under the influence.

The defendant, who was represented by Attorney Topazio, was arrested for operating under the influence of alcohol (also known as OUI or DWI) when he was found unconscious in his motor vehicle, with an open bottle of vodka, the keys in the ignition and with the radio on. The client informed Attorney Topazio that despite being intoxicated, he never drove while impaired but rather, after being unable to find employment, damaged the steering column of read More

Docket intentionally omitted Seal criminal records M.G.L. c. 276, § 100C; M.G.L. c. 94C, § 44 : Case Permanently Sealed.

The defendant a graduate of Bryant College hired Attorney Topazio to seal his criminal record which consisted of five counts, three motor vehicle violations, Possession of class D substance, and minor in possession of alcohol. The defendant who found employment overseas as a teacher of English as a second language needed to obtain a teaching certification which as a prerequisite required applicants to have a clean record. Attorney Topazio convinced the judge to seal the read More

Operating with a Suspended License MGL c. 90 § 23 Possession of Heroin, Class A MGL c. 94C c. 34 : Case resolved and defendant avoids incarceration.

The defendant was arrested when a Registry of Motor Vehicle check of his registration conducted by the police indicated that his license was suspended. A search of his motor vehicle revealed a bottle cap with residue that the arresting officer suspected to be heroin residue. The defendant hired Attorney Topazio to represent him. Attorney Topazio pushed his client’s case to trial and relying on the recent case of Melendez-Diaz v. Massachusetts, 129 S. Ct. 2527 read More

Hazardous Materials not Allowed in Tunnel 730 CMR 7.10: Defendant operator not responsible, corporation accepts responsibility, case closed.

Title 730 of the Code of Massachusetts Regulations prohibits passenger or commercial vehicles carrying any amount of hazardous material, excluding those materials required for the actual operation of the vehicle, to enter or to use the Tunnels. The defendant, a West Virginia paint company, received multiple citations for entering the Thomas P. O’Neil Tunnel with buckets of paint primer, finish, caulking and cans of gas. The citations charged both the driver and the corporation. The read More

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

The defendant, a resident of Illinois, who was in Boston for a convention, received a citation for speeding. The citation indicated that the defendant was allegedly caught on Lidar traveling 61 mph in a 45 mph zone. The client hired Attorney Topazio. LIDAR is an acronym for LIght Detection And Ranging. A police laser emits a highly focused beam of invisible light, in the near infrared region of light that is centered at 904nm of read More

Motion to Reconsider Sentence Possession Class B, MGL c. 94C § 34 : Guilty plea revoked after negative drug certification and probation modified from supervised to unsupervised.

The defendant was charged with Possession of Class B, two counts of ABPO and resisting arrest, when he was found to be in possession of aspirin which the police believed to be cocaine. Despite Attorney Topazio arguing that the substance that was found was aspirin, his client who was in custody on a probation detainer on a different case and bail on this case, decided to tender a plea. The Commonwealth argued that the substance read More

Probation Violation Motion to Revise and Revoke Aggravated A&B M.G.L. c. 265, § 13A(b): Probation Violation Withdrawn and sentence modified.

The defendant who had pled guilty on October 5, 2009 to aggravated assault and battery as a result of causing a large laceration to his girlfriend’s head, received a suspended sentence with the condition, among other things, of attending Level III of the Office of Community Corrections. In the early 1990’s the Commonwealth commenced a systemic effort to provide for more effective and efficient criminal justice sentencing and specifically address prison overcrowding. As a result, read More

Utter False Prescription M.G.L. c. 94C, § 33 E : Defendant accepted a CWOF thus avoiding a trial and a conviction on his record, and preserves his employment.

The defendant, a professional person and recovering addict, was accused of presenting a forged prescription for the prescription medication Dilaudid which was in the name of a third party, who had been waiting outside the pharmacy. Dilaudid is an analgesic narcotic with an addiction liability similar to that of morphine. Dilaudid is approximately 8 times more potent on a milligram basis than morphine and is often called “drug store heroin” on the streets. After noticing read More

Probation Surrender Disorderly Conduct MGL c. 272 § 53 Assault and Battery Dangerous Weapon M.G.L. c. 265, § 15A(b): Violation of probation withdrawn; probation renewed to its original date; and Defendant signs a new probation contract without the requirement for random urine testing.

The defendant was on probation for allegedly striking his son in the face with his belt, causing one of his teeth to be knocked out, hired Attorney Topazio when he received a Notice of Probation Violation and Hearing after testing positive for cocaine and alcohol, and for being arrested for disorderly conduct. On a prior date (see entry for September 17, 2009) Attorney Topazio caused the disorderly charge to be dismissed but still had to read More

Trafficking in Cocaine M.G.L. c. 94C § 32E(b) School Zone Violation M.G.L. c. 94C § 32J Possessing a Firearm Without an FID Card M.G.L. c. 269 § 10(h) Possessing a Firearm Without an FID Card M.G.L. c. 269 § 10(h) : School zone and possession of ammunition charges dismissed; trafficking in cocaine charge placed on file and defendant receives a two year suspended sentence on the possession of a firearm charge, thus avoiding mandatory jail time altogether.

The defendant was arrested after Massachusetts State Police executed a search warrant for his home which alleged, among other things, that the police received information from a confidential informant that the defendant was selling Cocaine from his home. During the execution of the warrant, the police found a large sum of money, cocaine, a firearm and ammunition. The defendant, who was facing mandatory jail time, hired Attorney Topazio to defend him. Attorney Topazio filed a read More