December 17, 2012
- Steven Topazio wrote this April 27, 2014 at 7:06 pm
The client, a 38 year old visiting scholar, was arrested for assault and battery after allegedly getting into a fight with a woman she shared a house with, hired Massachusetts Criminal Lawyer Steven J. Topazio to defend her. Boston Criminal Defense Lawyer Topazio advised his client that any conviction, including an admission to sufficient facts, because of her status in this country, could result in immigration consequences of deportation, denial of naturalization, or exclusion from the United States. Boston Defense Lawyer Topazio discovered that his client’s arrest followed the Cambridge Police questioning about a past assault and battery. Massachusetts Criminal Attorney Topazio prepared a motion to dismiss the case arguing that his client was denied her due process rights and should not have been arrested but rather should have been granted a Magistrate’s hearing. Boston Criminal Lawyer Topazio pointed out to the court that Massachusetts General Laws c. 276 § 28 creates authority for an officer to arrest for an Assault and Battery not committed in his presence when the A&B is domestic. Attorney Topazio argued that his client did not commit a domestic assault and battery because the parties were not family or household members. Today, Boston Criminal Attorney Topazio, after extensive negotiations with the Assistant District Attorney, persuaded the Assistant District Attorney to file a Nolle Prosequi ending the case. A Nolle Prosequi is a Latin term meaning “we shall no longer prosecute,” and is a declaration made to the judge by a prosecutor in a criminal case meaning the case against the defendant is being dropped.