April 19, 2011

• Steven Topazio wrote this April 27, 2014 at 11:59 am

The defendant, a real estate agent, received an application for criminal complaint which alleged she assaulted her sister-in-law and threatened her while at her work, hired Attorney Topazio to represent her. Attorney Topazio obtained the police report which indicated that his client was accused of pushing the alleged victim several times toward a set of stairs yelling and cursing the entire time, threatening to kill the victim and to take the victims child. The report indicated that the victim is separated from her husband (the brother of the client) and is currently negotiating custody of the child. Attorney Topazio met with the investigating police detective to discuss the case and pointed out that the encounter focused on the well being of his client’s infant nephew, where a contested custody battle was raging, and argued that his client was not the aggressor. Attorney Topazio investigated the alleged victim’s propensity for aggression and discovered a history of assaultive behavior and restraining orders against the alleged victim and produced that documentation for the hearing. At the Magistrate’s hearing, Attorney Topazio established that the alleged victim was the aggressor and that her assaultive behavior was cause for the encounter. As a result, Attorney Topazio convinced the Magistrate to dismiss the complaint. A dismissal of the application for criminal complaint at the Magistrate’s session not only ends the case but insures that the charges would also not appear on his client’s CORI.