March 30, 2012

• Steven Topazio wrote this April 27, 2014 at 3:36 pm

The client, a 45 year old disabled 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 and the next time they will be coming for his body. The client represented himself at the magistrate’s hearing and didn’t fare so well as the complaints issued against him. Attorney Topazio got involved in the case after the Client was arraigned and filed a motion to dismiss the witness intimidation count. Witness intimidation is a serious felony which punishes behavior that interferes with a witness or potential witness at any stage of a criminal investigation, grand jury proceeding, trial or other criminal proceeding. Today Attorney Topazio argued that the witness intimidation charge should be dismissed because the Commonwealth could not prove that the Client specifically intended to impede, obstruct, delay, harm, punish or otherwise interfere with a (criminal investigation) (grand jury) (trial) (criminal proceeding), and the Court agreed.