August 31, 2011

• Steven Topazio wrote this April 27, 2014 at 12:31 pm

The client, a web developer and Harvard Graduate School student, was contacted by Cambridge Detectives regarding the returning of merchandise to the store Anthropologie for a cash refund for merchandise that wasn’t purchased from the store, hired Boston Criminal Defense Lawyer Steven J. Topazio to represent him. Attorney Topazio instructed his client not to speak with police but contacted and spoke with the investigating detective himself, so as to prevent his client from making any incriminating statements that could be used against him. Attorney Topazio used this opportunity to attempt a resolution of the case and requested that his client not be arrested or charged for the felony charge of larceny over $250 but represented that his client would be amenable to pay restitution, if the case could be resolved without formal felony charges being filed. A defendant is not entitled to Magistrate’s or Clerk’s hearing for a felony charge, only misdemeanor offenses. The detective acknowledged that he wouldn’t charge and arrest his client but would proceed by way of a Magistrate’s or Clerk’s hearing as Attorney Topazio suggested and further would inquire from the store if a settlement short of formal charges issuing would be an acceptable resolution. Today at the Clerk Magistrate’s hearing, Attorney Topazio negotiated a settlement with the prosecuting detective which required that his client would pay restitution within one week without admitting or acknowledging responsibility and the application for complaint would be dismissed, and the Magistrate agreed. Dismissing the application for complaint prior to issuance of the formal complaint also prevents an entry from appearing on his client’s criminal record (CORI).