Sealing Criminal Records that Resulted in Dismissal
- November 2, 2023 at 3:03 pm by Steven Topazio
Sealing Criminal Records that Resulted in Dismissal The court recently announced a new standard in sealing criminal records. It concluded that the records of closed criminal cases that resulted in the entry of a nolle prosequi or a dismissal are subject not to a presumption of access under the First Amendment to the United States Constitution but, rather, to a common-law presumption of public access and, therefore, that the sealing of such records under G. read More
Case Study: Attorney Steven Topazio’s Successful Defense in a Medicare Fraud and Larceny Case
- September 28, 2023 at 4:54 pm by Steven Topazio
Introduction Attorney Steven Topazio is a renowned legal expert known for his exceptional advocacy skills and dedication to protecting his clients’ rights. In this case study, we explore a complex legal matter where Attorney Topazio represented a client charged with Medicare fraud and larceny over $1200. The client faced allegations of allowing his name to be used by a close friend who was paralyzed and genuinely needed Personal Care Attendants (PCAs). Attorney Topazio’s strategic approach read More
The odor of burnt Marijuana alone cannot justify an exit order from a motor vehicle
- September 12, 2023 at 6:36 pm by Steven Topazio
The odor of burnt Marijuana alone cannot justify an exit order from a motor vehicle. Due to the decriminalization of possessing one ounce or less of marijuana, the odor of burnt marijuana will no longer provide the police with probable cause, or even reasonable suspicion that a crime is occurring, which justifies the exit order of a defendant from a motor vehicle. In a recent case, a Boston Municipal Court judge did not err in read More
What is a Terry Stop
- August 28, 2023 at 3:52 pm by Steven Topazio
In general, a “Terry stop” refers to a stop and frisk encounter between a law enforcement officer and an individual, based on the U.S. Supreme Court case Terry v. Ohio (1968). In this case, the Court established that police officers can stop and briefly detain a person if they have reasonable suspicion that the person may be involved in criminal activity, even if they don’t have probable cause for an arrest. This allows officers to read More
Applying for a Hardship/Cinderella Driver’s License
- August 23, 2023 at 3:11 pm by Steven Topazio
The process and requirements for obtaining a Cinderella driver’s license (also known as a hardship or restricted license) after a drunk driving arrest and license suspension can vary by state and jurisdiction. In Massachusetts, hardship licenses are only granted to Massachusetts driver’s license holders. If you are approved, the RMV may only grant an identical 12-hour, 7 day license. Hardship License Application Process: The application process for a hardship license can involve several steps, including read More
When selecting an attorney to represent you in your car accident case, consider these 10 points
- August 9, 2023 at 2:39 pm by Steven Topazio
10 Points to consider when selecting an attorney for a Boston car accident case: 1) Expertise and Knowledge: Car accident cases can be complex, involving various legal and insurance issues. A skilled attorney with experience in handling Boston car accident cases will have the necessary expertise and knowledge to navigate through the complexities of the legal system, ensuring that your rights are protected and that you receive the best possible outcome. 2) Assessment of Damages: read More
Possession of a Firearm Without a License
- July 19, 2023 at 4:37 pm by Steven Topazio
In Firearms cases, the prosecution must now prove an added element that you did not have a firearms license or valid firearm ID card and can no longer force you to prove that you had such a license at trial. Presenting evidence of possession of a firearm without a license is now the Commonwealth’s burden. The Case: COMMONWEALTH vs. CARLOS GUARDADO, 491 Mass. 666 (2023)Following a jury trial, Guardado was convicted of unlawfully carrying a read More
OUI and DWI Breathalyzer Cases
- July 10, 2023 at 4:02 pm by Steven Topazio
If you were found guilty of drunk driving because of a failed Breathalyzer test you can still fight thecase to get your OUI Conviction Overturned. OUI and DWI Breathalyzer Cases:In the case of Commonwealth v. Hallinan, 491 Mass. 730 (2023), the court determined that all defendants who pleaded guilty or went to trial in an OUI or DWI case and submitted to a breathalyzer test with a Draeger Alcotest 9510 from June 1, 2011 to read More
Magistrate Hearing – Shoplifting Groceries – The Power of Restitution
- June 21, 2023 at 1:42 pm by Steven Topazio
In the realm of law, attorneys are often perceived as fierce advocates who fight tooth and nail to protect their clients. However, there are instances where the true power of legal representation lies not only in winning cases but also in finding compassionate solutions that address the underlying issues faced by their clients. Attorney Topazio recently managed to secure a favorable outcome for a client who had shoplifted groceries due to dire circumstances. The Case:In read More
Expunge Fraudulent Restraining Orders from your Record
- June 14, 2023 at 2:42 pm by Steven Topazio
In a recent case the court concluded that a judge has the inherent power to expunge the record of a civil abuse protection order, issued against a defendant pursuant to G. L. c. 209A, from the Statewide domestic violence registry system, in the rare and limited circumstance where the judge has found through clear and convincing evidence that the order was obtained through fraud on the court. In this case, Jake Jones and Amanda Adams read More