February 20, 2013

• Steven Topazio wrote this April 27, 2014 at 8:17 pm

The client, a 27 year old manager, admitted to sufficient facts to one charge of assault and battery after allegedly getting into a fight with his wife and then hitting her with a hamburger. The client who was not represented by counsel, admitted to sufficient facts when he appeared in court, and received a one year continuance without a finding CWOF with a condition that he completes a 40 week certified batterers’ program. The client completed 36 weeks of the 40 week batterers’ program but was terminated which violated his probation. When the client received a Notice on Probation Violation, he hired Boston Probation Lawyer Steven J. Topazio. Attorney Topazio reviewed his new client’s case and discovered that his client’s wife did not want to testify against her husband if called at time of trial, but the client never knew that his wife could invoke the marital privilege which would have resulted in the case being dismissed. Attorney Topazio attacked the final surrender by filing a Motion for New trial alleging that the Commonwealth would not have possessed sufficient evidence to convict his client if his client’s wife/complainant in the case invoked her marital privilege. Attorney Topazio further alleged that his client’s admission to sufficient facts was not voluntarily and knowingly made if the client’s wife invoked her marital privilege. Where the defendant challenges the voluntariness or intelligence of a plea, it is ordinarily the Commonwealth’s burden to show by means of a contemporaneous or reconstructed record that it was entered understandingly, knowingly, and voluntarily. Today, although unsuccessful on the motion for new trial, Attorney Topazio proceeded on the final surrender but was able to convince the court to maintain his client’s CWOF after finding a violation on the condition that he pays court costs of $250.00, and the Court agreed.