May 10, 2013

• Steven Topazio wrote this May 5, 2014 at 2:53 am

The client, a 51 year old real estate agent, was arrested after she called police to report an accidental stabbing of her boyfriend. The police report stated that the police were dispatched for an accidental stabbing in the North End of Boston. The report indicated that when police arrived, the victim was in an ambulance. The report did not state or provide any evidence that the defendant committed an assault and battery with a dangerous weapon. The officer opined that the stab wound appeared not to be self-inflicted and without any information to suggest the stabbing was other than accidental, arrested the client. The client then retained Boston Criminal Attorney Steven J. Topazio. After obtaining voluminous medical records and a police interview of the victim, it was found that the client and her boyfriend were having an argument when the client picked up a knife. The victim then lunged at the client, inadvertently stabbing himself. The client then called 911 to report the accidental stabbing. Without probable cause or warrant, the police entered the client’s apartment by way of her landlord. Upon discovering blood and sign of a struggle within the apartment, the police then applied for a search warrant. Attorney Topazio challenged the case and filed a motion to dismiss. It is impossible to determine if the client intended to injure or strike the victim or that she foresaw the harm that resulted. Attorney Topazio argued that the arrest was not based on any factual analysis. Under the probable cause requirement, a complaint shall not issue “unless the information presented by the complainant establishes probable cause to believe that the person against whom the complaint is sought committed an offense.” Probable cause to arrest is conspicuously lacking in this case because before the client can be arrested, the police must know what conduct the client engaged in and whether she was not conscious of the serious danger that was inherent in such conduct, and under the circumstances as they were known to the client, would have recognized that such actions were so dangerous that it was likely that they would result in substantial injury. Attorney Topazio was able to convince the court to dismiss the charge.