April 23, 2012

• Steven Topazio wrote this April 27, 2014 at 3:42 pm

The client, a 45 year old individual, received an application for criminal complaint which alleged that he threatened and intimidated his neighbor. According to the police report, the neighbor alleged that he was threatened and intimidated after calling police to report that his neighbor was emptying his fish tank on the parties’ common driveway. It was reported that the client stated, after being confronted, that if the neighbor called the police again then the next time the police come they will be coming for the neighbor’s body. Attorney Topazio attempted to resolve the case without an admission but when the Commonwealth refused he moved the case to trial. At trial, Attorney Topazio argued that the court impose a peace bond on his client in lieu of trial or an admission, ordering his client to keep the peace. Attorney Topazio argued that MGL c. 275 § 4 not only provides for imprisonment for not more than six months after a conviction but also authorizes the Judge to avoid imposing a sentence on a defendant if he chooses and allows the court to order a defendant to enter into a recognizance, with sufficient sureties, to keep the peace. This is known as a peace bond. Today, Attorney Topazio was able to convince both the Commonwealth and the Court to continue his client’s case generally with an order that if the client keeps the peace, (peace bond) then the complaint will be dismissed.