Restitution as a Condition of Probation
- February 9, 2020 at 4:13 pm by Steven Topazio
A defendant’s ability to pay is a consideration in determining whether to order restitution as a condition of probation. In the case of Commonwealth vs. Kim Henry, 475 Mass. 117 (2016), the court addressed the issue of restitution as a condition of probation to the victim. The facts of the Henry case are as follows. The defendant was employed as a cashier at a Walmart department store in Salem. A Walmart video camera captured the read More
The meaning of the “stay-away” provision in the typical 209A abuse prevention and 258E harassment prevention order
- February 3, 2020 at 11:29 pm by Steven Topazio
The protected party need not actually be present. In the case of Commonwealth v Goldman, 94 Mass. App. Ct. 222 (2018), the appeals court concluded that if no distance is specified in a harassment prevention order pursuant to G. L. c. 258E, then the provision that the defendant remain away from the protected party’s residence prohibits the defendant from crossing the residence’s property line, engaging in conduct that intrudes directly into the residence, and coming read More
Moped Operators can be charged with Operating Under the Influence but not Operating after Suspension
- January 16, 2020 at 11:20 pm by Steven Topazio
Whether a motorized two-wheeled vehicle qualifies as a motorized bicycle generally depends on the size of its engine, the nature of its transmission, and the maximum speed the vehicle is capable of achieving. G. L. c. 90, § 1 (definition of a motorized bicycle). A “pedal bicycle which has a helper motor” automatically qualifies as a motorized bicycle. G. L. c. 90, § 1. According to stature, ”Motorized bicycle”, is a pedal bicycle which has a read More
A defendant whose case was dismissed on account of the misconduct of the chemist who analyzed the substances seized in Defendant’s case, is entitled to refund of the drug analysis fee.
- January 10, 2020 at 10:37 pm by Steven Topazio
In Commonwealth v. Jermaine Watt (August 20, 2019), the Supreme Judicial Court held that due process principles required a refund of a drug analysis fee but did not require a refund of other fees claimed by the defendant after the indictments against him were dismissed. In this case, the defendant pleaded guilty to two counts of distribution of cocaine and was sent to jail. Watt later sought a new trial when he learned of the read More
Bump Stocks and Trigger Cranks
- December 10, 2019 at 10:41 pm by Steven Topazio
Bump stocks came under scrutiny by the Department of Justice after the October 2017 massacre in Las Vegas. That is following the tragic event where Stephen Paddock opened fire from his hotel suite onto outdoor concertgoers with rifles fitted with bump stocks, killing 58 people and wounding hundreds of others. Only two states had banned bump stocks prior to the Las Vegas shooting. Bump stocks or bump fire stocks are gun stocks that can be used to assist in bump firing. Bump read More
Sex Offender Obligation Waived
- September 25, 2018 at 7:09 pm by Steven Topazio
The client, an immigrant from Columbia who became a United States citizen, was charged with Indecent Assault and Battery on a person over the age of 14 in violation of MGL c. 265 § 13H. Indecent Assault and Battery is a sex offense crime which carries a potential jail or state prison sentence plus an obligation to be monitored with a GPS monitoring device and requirement to register as a sex offender. The Sex Offender read More
Bail advocacy after Brangan v. Commonwealth
- July 10, 2018 at 6:08 pm by Steven Topazio
On August 25, 2017, the Supreme Judicial Court modified the considerations for the imposition of bail in the case of Brangan v. Commonwealth, 477 Mass. 691 (2017). A judge must now consider a defendant’s financial resources and economic standing prior to setting a bail. The case also contributed to the procedures that must be taken if and when a judge grants a bail that is beyond what the defendant can financially pay. The practice of read More
In a partial victory for defendants charged with a Drunk Driving Offense, a judge rules that all breathalyzer tests results in Massachusetts obtained between June of 2012 and September 14, 2014 using the Alcotest 9510 have been excluded from evidence, yet rules breathalyzer devices scientifically reliable.
- February 21, 2017 at 12:39 am by Steven Topazio
On February 16, 2017, Robert A. Brennan, Justice of the District Court, issued a Memorandum of Decision in a consolidated litigation matter which affects cases involving breath test results produced by the Alcotest 9510, a breathalyzer instrument developed by Draeger Safety Diagnostics, Inc. The court ruled that the state’s Office of Alcohol Testing lacked “scientifically reliable” protocols for calibrating breath test devices between June of 2012 and September 14, 2014 and without the written standards, read More
Auburn Police Officer Ronald Tarentino Jr. Murdered
- May 25, 2016 at 11:54 pm by Steven Topazio
According to the Boston globe, the Auburn police allege that the .45-caliber handgun used by Jorge A. Zambrano to murder Auburn Police Officer Ronald Tarentino Jr. during a routine traffic stop had been stolen. Tarentino was shot in the back by Zambrano. Zambrano was eventually tracked to Oxford where he was killed by State Police in a shootout. Why did this have to happen? Could it have been prevented? Good questions with not so easy read More
ENGLISH HIGH SCHOOL DEAN SHOOTS STUDENT
- March 17, 2015 at 8:57 pm by Steven Topazio
A Boston Municipal Court judge imposed an additional $150,000 bail on a former English High School dean for firearms and drug charges. Shaun O. Harrison Sr., onetime dean of students at English High School in Boston, was arrested and accused of attempted murder in the shooting a 17-year-old student who was allegedly selling drugs for him now faces additional charges. Harrison was initially held on $250,000 on March 4, 2015 on charges connected with the read More