September 18, 2013

• Steven Topazio wrote this May 5, 2014 at 3:58 am

The client, a 25 year real estate agent, received a motor vehicle citation for driving after her driver’s license was suspended hired Boston Criminal Lawyer Steven J. Topazio to defend her. Attorney Topazio instructed his client to appeal the citation within four (4) days so as to obtain a Clerk Magistrate’s hearing, otherwise a criminal complaint would issue for operating with a suspended license. The client did as instructed but failed to attend the scheduled Clerk’s hearing and a criminal complaint issued. The client was summonsed to court for an arraignment but when she failed to appear she was defaulted and a warrant issued for her arrest. The client learned of the default warrant when she called the court inquiring about the Clerk’s hearing she had requested and when she learned there was a warrant for her arrest claimed she was never notified of the Magistrate Hearing or subsequent arraignment. Attorney Topazio went to the court and learned that the court sent notice of the hearing to the wrong address which explained his client’s failure to appear for both the Clerk’s hearing and for the subsequent criminal arraignment. Attorney Topazio instructed his client to accompany him to court so as to recall the default warrant. Today, Attorney Topazio refused to allow his client to be arraigned on her case and convinced the court that the complaint against his client was issued without probable cause as she was denied her due process rights and the court agreed. The case was dismissed prior to arraignment. Having the criminal charge dismissed prior to arraignment prevents that charge from appearing on his client’s CORI.