September 04, 2013

• Steven Topazio wrote this May 5, 2014 at 3:55 am

The client, a 20 year old High School student, was arrested after a foot pursuit by police who stopped him and arrested him at gunpoint for receiving stolen motor vehicle, a felony charge, was represented by Boston Criminal Lawyer Steven J. Topazio. According to the police report, the client who ran from police after fleeing the car he was in when he saw the police, then made a statement to the effect that he met a Spanish guy near the Home Depot in Chelsea about an hour earlier who had two cars and gave the client one of the cars and told him he didn’t need it any longer and that the client could keep it. The client further stated that he thought that was weird but took the car, despite not having a driver’s license. The prosecutor argued the fact that because the client ran from police he demonstrated consciousness of guilt. Whenever the prosecution argues that certain evidence indicates consciousness of guilt, the court is required at the defendant’s request to instruct the jury: (1) that they may, but need not, consider such evidence as a factor tending to prove the defendant’s guilt; (2) that they may not convict on the basis of such evidence alone; (3) that flight or similar conduct does not necessarily reflect feelings of guilt, since there are numerous reasons why an innocent person might flee; and (4) that even if flight or similar conduct demonstrates feelings of guilt, it does not necessarily mean that the defendant is guilty in fact because guilt feelings are sometimes present in innocent people. Today Attorney Topazio convinced the prosecutor to reduce the charges to the misdemeanor charge of use without authority, and the case was continued without a finding for six months and the charge of unlicensed operation was dismissed.