November 10, 2011
- Steven Topazio wrote this April 27, 2014 at 1:40 pm
The client, a 30 year old auto mechanic, was arrested for witness intimidation when he allegedly gave misleading answers to police engaged in a police investigation. The client was arrested when he fled from a motor vehicle that was being chased by police. The client indicated that he was a back seat passenger in the motor vehicle, did nothing wrong, and just out with a friend who picked him up for a ride. When the police asked for the driver friend’s name, the client only identified him by a nickname, stating he did not know his true name. The police unsatisfied with the client’s response insisted that he knew the driver’s true name but refused to give it to the police, and tried to mislead them with then nickname. Attorney Topazio challenged the Commonwealth’s use of the witness intimidation statute in this fashion. Attorney Topazio pointed out to the Commonwealth that an individual can violate the statute if he misleads a witness or potential witness at any stage of a criminal investigation, but argued that the police had no information to suggest that his client was not telling the truth when he told police that he could not identify the driver of the motor vehicle other than by a nickname. Today, Attorney Topazio convinced the Commonwealth to dismiss the case against his client, and the Court agreed.