Blog Archives - Page 3 of 8 - Attorney Steven J. Topazio

What is the Sixth Amendment

The Sixth Amendment to the United States Constitution is a crucial part of the Bill of Rights, ratified on December 15, 1791. It provides essential protections for individuals accused of crimes, ensuring a fair and just legal process. The text of the Sixth Amendment reads: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have read More

What is the Fifth Amendment

The Fifth Amendment to the United States Constitution is a vital part of the Bill of Rights, ratified on December 15, 1791. It provides several protections for individuals in relation to legal proceedings and the justice system. The text of the Fifth Amendment reads: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land read More

What is the Fourth Amendment

The Fourth Amendment to the United States Constitution is a critical part of the Bill of Rights, ratified on December 15, 1791. It protects citizens against unreasonable searches and seizures and sets out requirements for issuing warrants. The text of the Fourth Amendment reads: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon read More

What is the Third Amendment

The Third Amendment to the United States Constitution is one of the lesser-known amendments in the Bill of Rights, ratified on December 15, 1791. It addresses the quartering of soldiers in private homes. The text of the Third Amendment reads: “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.” – Third Amendment read More

What is the Second Amendment

The Second Amendment to the United States Constitution is also part of the Bill of Rights and was ratified on December 15, 1791. It protects the right of individuals to keep and bear arms. The text of the Second Amendment reads: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” This amendment is often interpreted and debated read More

What Is The First Amendment

The First Amendment to the United States Constitution is part of the Bill of Rights, which consists of the first ten amendments. Ratified on December 15, 1791, the First Amendment protects several fundamental rights of American citizens. It reads: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and read More

What is White Collar Crime?

What is White Collar Crime?  White Collar Crime refers to non-violent crimes typically committed by individuals or organizations in business or professional settings, often involving deceit, fraud, or violation of trust for financial gain. White Collar Crimes are usually characterized by concealment, manipulation, or abuse of positions of power, rather than physical force or violence. Examples of white collar crimes include: Fraud: This can involve schemes like securities fraud, mortgage fraud, healthcare fraud, or insurance fraud. read More

What is a Terry Stop

A “Terry stop” allows law enforcement officers to briefly detain a person based on reasonable suspicion of involvement in criminal activity, even if the officer lacks probable cause for an arrest. Here are the key points about a Terry stop: Reasonable Suspicion: For a Terry stop to be lawful, the police officer must have a reasonable suspicion, based on specific and articulable facts, that the person has been, is, or is about to be engaged in read More

How do you Seal a Criminal Record and what does that mean?

How do you Seal a Criminal Record and what does that mean? When we talk about “sealing a criminal record,” it means legally hiding or restricting access to certain information about a person’s criminal history. This process is often pursued by individuals who have been convicted of a crime but want to move on with their lives without the burden of their past mistakes hindering their future opportunities. Here’s a breakdown of the steps a lawyer read More

Sealing Criminal Records

A recent case requires the Court and the Commissioner of Probation to seal criminal records when a judge or jury finds a person not guilty, or when a court finds no probable cause for a criminal charge, or where a grand jury returns a no bill. Commonwealth v J. F., 491 Mass. 824 (2023 The defendant in Commonwealth v J. F., filed a petition pursuant to G.L. c.276, §100C (§100C), which was opposed by the read More