November 02, 2011

• Steven Topazio wrote this April 27, 2014 at 1:37 pm

The client, a 16 year old High School Student, received a criminal citation for operating to endanger after he crashed his motor vehicle into a tree after knocking over a mailbox and causing property damage. Attorney Topazio instructed his client to sign the back of the citation and to file it with the court within four days so as to preserve his client’s right to a magistrate’s hearing. Requesting a clerk’s hearing prevents the immediate issuance of a criminal complaint which in turn would also result in his client getting a criminal record. Attorney Topazio had his client obtain a copy of his school grades and documentation of school accomplishments; such as his client’s acceptance into the National Honor Society and Peer Ministry, among other things, in order to establish his client’s good character for the clerk at the upcoming hearing. Attorney Topazio met with the investigating officer in an attempt to negotiate a resolution of the matter and further to resolve any restitution matters. Today at the hearing on the application for issuance of criminal complaint, Attorney Topazio established through his client’s medical records that he was not drinking or consuming illegal drugs prior to the accident. Attorney Topazio also established that his client was not speeding or racing when the accident occurred, but rather established that the accident occurred as the result of his client falling asleep at the wheel. Attorney Topazio was successful in convincing the Magistrate not to issue the criminal complaint, despite the Magistrate’s finding probable cause to believe that a crime had been committed, but rather to hold the complaint open for four months on the condition that his client stay out of trouble and complete a community service project through his peer ministry group at school by writing an article about the dangers and hazards of driving and then presenting it in school.