May 23, 2012
- Steven Topazio wrote this April 27, 2014 at 5:51 pm
The client, a 41 year old PGA golf instructor, 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 failed to appear on a straight warrant out of the Charlestown District Court. The Client tried to resolve the matter on his own without traveling to Massachusetts but was unsuccessful. The Court responded to the Client after it reviewed the matter with the probation department and the Assistant District Attorney assigned to the Court, and informed the Client that it refused to resolve the criminal matter without the Client’s presence. Attorney Topazio acquired documentation of the client’s whereabouts and provided same to the court. Attorney Topazio filed a motion requesting that the court waive his client’s presence and to recall the warrant and to continue the case for arraignment. As a result of this initial court ruling, Attorney Topazio was provided with a Notice of Warrant Cancellation for his client. Attorney Topazio next met with the Assistant District Attorney and pointed out that the police department involved with the case was the Metropolitan District Commission, or MDC, which no longer existed. Today, Attorney Topazio argued that the case was not viable and persuaded the court to dismiss the case prior to arraignment on court costs, so as to avoid the costs his client would have to incur in returning to Massachusetts, 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 trial on this old case.