March 21, 2012
- Steven Topazio wrote this April 27, 2014 at 3:34 pm
The client, an out of state 41 year old PGA golf teaching professional, hired Attorney Topazio to represent him after he was notified by the Department of Motor Vehicles in Washington State that his right to operate a motor vehicle was suspended in that state due a default warrant in Massachusetts. Attorney Topazio investigated the matter and discovered that the client had pled guilty in 1994 and received a 6 month suspended sentence with an order of restitution which his client was now in default on with a warrant for his arrest. Attorney Topazio acquired documentation of the client’s whereabouts and provided same to the court. Today, Attorney Topazio filed a motion requesting that the court waive his client’s presence and to recall the warrant and to restore the case to the court’s calendar, which was granted. As a result of this initial court ruling, Attorney Topazio was provided with a Notice of Warrant Cancellation for his client. Attorney Topazio next pointed out to the court that the restitution order triggered the default warrant because it was never paid but that if restitution was to be made now it would be to a bankrupt corporation. Attorney Topazio argued to convert the restitution order to court costs so as to avoid a probation surrender hearing, and the court agreed. The case was continued pending payment of the court costs in lieu of the client having to return to Massachusetts and face a probation surrender hearing where he could have received a 6 month House of Corrections sentence for violating the terms of his probation.