The client avoids felony convictions as well as committed time and is released from custody in two weeks thus voiding the full 90 day bail revocation. A&B on Police Officer MGL c 265 § 13D; Witness Intimidation MGL c 268 § 13B; Resisting Arrest MGL c 268 § 32B; Disorderly Conduct MGL c 272 § 53; Threats MGL c 275 § 2; Malicious Destruction of Property MGL c 266 § 127

• Steven Topazio wrote this June 18, 2018 at 8:14 pm

The client, a 27 year old professional engineer, was arrested after refusing to exit a motor vehicle he was a passenger in after the operator of that same vehicle was arrested for drunk driving.  When the tow truck was dispatched to tow the vehicle, the client refused to allow the police to conduct an inventory search the vehicle.  The client had to be forcibly removed from the vehicle where it was noted that he was extremely intoxicated.  Once out of the vehicle the client began to yell at police in a highly emotional and agitated manner, complaining that police did not have a warrant to search the vehicle.  The client tried to stop the officer from completing an inventory search, which is normal procedure following an arrest in these circumstances,  and a struggle developed where the client was resistant and assaultive.  The client ended up pushing and fighting with the police, pushing one officer into a fence where the officer injured himself.  The struggle lasted several minutes requiring the officer to transmit an emergency distress call to other officers and to draw and activate his taser.  Several police unites responded and the client was subdued.  During the booking process, the client was combative and further threatened the officers.  The client was initially released on bail but was arrested less than one week later after he got drunk following a Celtics playoff victory and was captured on video sliding across the hood of a motor vehicle damaging it.  The client appeared in court and his bail was revoked on the first case for violating a bail warning which he received on the first case, and was held without bail, hired Attorney Topazio.  The client’s bail was revoked for 90 days.  Attorney Topazio explained to his new client that the Commonwealth may move to revoke bail when a defendant commits a new offense while released on bail or personal recognizance.  In order to revoke bail, the Court must find probable cause for the new offense while on release for another change and must find that the release of the person will seriously endanger any person of the community and detention of the person is necessary to reasonably assure the safety of the person or the community.  There is no right to Superior Court bail review if bail is revoked.  Attorney Topazio met his client in jail and explained his options and learned that the client would lose his employment if held for an extended period of time. In lieu of preparing the case for trial, Attorney Topazio made it his priority to get his client out of jail as soon as possible, avoid jail time and any felony convictions with the result of securing his client’s freedom and saving his job and career.  Attorney Topazio met with the prosecuting Attorney and negotiated a resolution which addressed his client’s substance abuse problems and fashioned a sentence that avoided committed time as well as convictions yet resulted in the release of his client from custody after two weeks; which would effectively terminate the 90 day bail revocation early.  Attorney Topazio explained to his client that resolving the new offense, which triggered the bail revocation, does not lead to expiration of the bail revocation order which was revoked on the first case.  Today, after petitioning the court to issue a habeas corpus to bring his client into court early, Attorney Topazio  persuaded the court to give his client CWOFs on all charges subject to conditions addressing his substance abuse problems and anger issues.  As such, Attorney Topazio resolved both cases on favorable conditions and secured his clients release from custody.