May 08, 2012

• Steven Topazio wrote this April 27, 2014 at 5:47 pm

The Client, an 18 year old High School Student, was arrested after he attempted to strike his ex-girlfriend’s ex-boyfriend with a motor vehicle, hired Boston Criminal Defense Lawyer Steven J. Topazio to defend him. According to the police report, the ex-boyfriend of the ex-girlfriend entered the Client’s home to beat the Client up after the ex-boyfriend discovered his girlfriend and the Client were dating. After assaulting and punching the client the ex-boyfriend was charged with home invasion. When the ex-boyfriend went outside, the Client attempted to run him over with his car. Attorney Topazio met with his Client and explained the Client’s Fifth Amendment Constitutional Right not to testify. After being requested to appear and testify before a grand jury, Attorney Topazio advised his client to refuse to appear or testify against his attackers. Attorney Topazio pointed out that due to the fact that the client was also charged with a crime and might incriminate himself if he testified before a grand jury, the Client could exert his right not to testify. Today as a result of the Client exercising his Fifth Amendment right not to testify at the grand jury, the Commonwealth was unable to get an indictment against the Client’s attackers. Additionally, with no witnesses available to testify in court at trial against the Client, Attorney Topazio was able to persuade the District Court to deny jurisdiction on the Assault and Battery with a Dangerous Weapon charge, in lieu of going to trial, but instead dismiss the case as a result of the Commonwealth’s inability to obtain any grand jury indictment. Assault and Battery with a Dangerous Weapon charge is a felony which has concurrent jurisdiction which could be tried in either the Superior Court or the District Court.