August 01, 2011

• Steven Topazio wrote this April 27, 2014 at 12:26 pm

An investigation by the Boston Police Special Investigations Unit and investigators from the Insurance Fraud Bureau found that the defendant reported to his insurance company that while driving his vehicle that an unknown vehicle struck his vehicle and fled, causing over $6,000.00 worth of damage. The investigation found that the suspect did not notify the police of the hit and run. A forensic examination of the defendant’s vehicle found that the vehicle struck a stationary object while in motion. Recovered from the vehicle was creosote/wood material. When confronted with the evidence the defendant gave conflicting statements. The defendant, who abandoned his insurance claim, hired Attorney Topazio to defend him. Attorney Topazio met with the prosecuting attorney in an attempt to dispose of the case without an admission or plea, as an admission to the offence would ruin his client’s career. Attorney Topazio suggested to the Commonwealth that his client was never paid by the insurance company, that he receive a period of pre-trial probation to resolve the case. Pursuant to Massachusetts General laws, chapter 276, section 87, a court may place an individual on probation for such time and upon such conditions as it deems proper, with the defendant’s consent, before trial and before a plea of guilty. Pre trial probation is a mechanism to resolve a criminal case without requiring an admission to sufficient facts or a guilty plea. If successful, the criminal charges will be dismissed outright, thus protecting an individual’s criminal record as well as his reputation. Today, Attorney Topazio persuaded the Assistant District Attorney and the judge to place his client on pre-trial probation for a period of three months on the condition that his client pays a fine.