May 17, 2011
- Steven Topazio wrote this April 27, 2014 at 12:00 pm
The defendant, a hotel manager, received an application for criminal complaint which alleged he assaulted and battered his wife, hired Attorney Topazio to represent him. Attorney Topazio obtained the police report which indicated that his client was accused of pushing the alleged victim several times, grabbing her by the neck, and flipping her over in a chair. The report also indicated that the victim attacked his client, digging her nails into his hand causing him to bleed. Attorney Topazio continued the clerks hearing so as to investigate the criminal charges filed against his client’s wife. Attorney Topazio met with opposing counsel and reached an accommodation whereby both parties agreed to invoke their Fifth Amendment right not to testify. Today, although the Magistrate heard sufficient evidence from the police to issue criminal charges against each party, Attorney was successful in convincing the Magistrate to dismiss the charges against his client. A dismissal of the application for criminal complaint at the Magistrate’s session not only ends the case but insures that the charges will not appear on his client’s CORI.