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Case Results 2007
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Assault and battery by means of a dangerous weapon and malicious destruction of property charges dismissed against local college student
West Roxbury Court # 07-2836. The prosecution claimed that on September 12, 2007 police were called to Parker Street in Roxbury for shots fired. Upon arrival the police observed a window that appeared to have bee shot out. An investigation led Boston Police to the defendant, a local college student. Witnesses told the police that the defendant had committed the act and law enforcement was directed to the weapon. Attorney Neyman succeeded in getting all charges continued without a finding. If the defendant stays out of trouble for 1 year all charges will be dismissed and he will not have a criminal record.
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Drag racing charges against New Hampshire man to be dismissed
Woburn District Court # 07-3083. On October 8, 2007 around 10:50 p.m. a Massachusetts State Trooper was traveling Northbound on Route 93 in the Wilmington area at approximately 75 miles per hour. The trooper observed two vehicles passing traffic in the right lanes at speeds estimated to exceed 90 miles per hour. The operators of both vehicles were stopped and questioned. One of the drivers admitted to drag racing. The defendant had a prior criminal record. The defendant was charged and at arraignment our office succeeded in persuading the prosecution and the judge to continue the matter without a finding. The case will be dismissed in 6 months.
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Charges of possession of marijuana against Junior A hockey player dismissed after clerk's hearing
Lawrence District Court. On October 27, 2007 the defendant, a Junior A hockey player selected for a Division I scholarship next year was involved in a motor vehicle accident on Route 93 Northbound in Andover, Massachusetts. State Police responded to the scene. Upon their arrival they noticed the odor of burnt marijuana coming from the inside of the defendant's vehicle. Upon further investigation the officer located and seized a quantity of marijuana from the defendant's car. At a clerk's hearing Attorney Neyman convinced the Clerk Magistrate not to issue a criminal complaint. Had a complaint issued it is likely that the defendant would have lost his scholarship offer.
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Five counts of larceny over $250.00 dismissed against accountant
Lowell District Court # 07-5478. On August 6, 2007 an accountant was charged with five counts of larceny over $250.00. The prosecution alleged that over a three month period through an elaborate scheme the defendant stole funds from her employer in excess of $11,000.00. Attorney Neyman negotiated a resolution of the case wherein the defendant will not have a criminal record and all charges will be dismissed.
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Charges of malicious destruction of property in excess of $250.00 (an historic monument) against college student dismissed prior to arraignment
Boston Municipal Court # 07-6457. On September 26, 2007, the Boston Police arrested a sophomore at Northeastern University and charged him with malicious destruction of property and being a disorderly person. According to the police report, the defendant allegedly kicked and damaged a wreath displayed in honor of nine firefighters that perished in a fire. Prior to arraignment, this office negotiated that the case be dismissed prior to arraignment on the successful completion of agreed conditions.
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Cocaine possession charges against professional boxer dismissed at clerk's hearing. No charges will issue.
West Roxbury District Court. Boston police alleged that on October 17, 2007 at 6:15 p.m. they observed the defendant, a professional light heavyweight boxer, standing on the sidewalk near the Forest Hills MBTA station. A motorcycle arrived at which time police officers observed the driver pull up to the defendant. The two hugged during which time the officers saw an exchange take place. The defendant handed money to the other individual in exchange for two plastic bags. It was later learned that the bags contained crack cocaine. According to the police officers, upon arrest the defendant admitted to purchasing the crack cocaine for a specified sum of money. At the clerk's hearing Attorney Neyman convinced the police and the clerk magistrate to continue the matter without issuing charges. No complaint will issue.
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Marijuana possession and paraphernalia charges against Boston banker dismissed at clerk's hearing. No charges will issue.
Quincy District Court # 07-1985. State police alleged that on August 24, 2007 while operating an unmarked cruiser a trooper observed the defendant operating a motor vehicle stopped at a traffic light. The driver was smoking from a small pipe consistent with pipes used to ingest marijuana. The car was pulled over on Route 93 near Granite Avenue. Upon contact the trooper detected the strong odor of freshly burnt marijuana. He observed the front seat passenger with a quantity of marijuana in her possession and he located the pipe and found it to contain marijuana and marijuana residue. Attorney Neyman appeared at the clerk's hearing and succeeded in having all charges dismissed with payment of court costs. No complaint will issue.
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Criminal complaint does not issue after clerk's hearing
Roxbury District Court Clerk's Show Cause Hearing. The defendant was charged with distributing alcohol to a minor at 11 p.m. on September 7, 2007. According to the police report, Northeastern University Police stopped the defendant and his companion after they exited a package store located off campus. The report alleged that the defendant was carrying a 30-pack of beer and a package of Mike's Lemonade. A Campus Police Officer reported that the defendant was seen passing another 30-pack of beer to an underage student. The defendant denied the charges. Following a show cause hearing, the Clerk-Magistrate declined to issue a complaint and the case will be dismissed in one year provided the defendant stays out of trouble.
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Complaint charging two (2) counts of assault and battery to be dismissed against Tyngsborough man
Lowell District Court # 07-2104. On January 1, 2007 Tyngsborough, Massachusetts police responded to a home invasion occurring shortly after midnight. According to police, earlier in the evening two groups of young men engaged in an altercation at a New Years Eve party. The fight concluded and the combatants went their separate ways. Later in the evening, one of the groups sought revenge on the other and after midnight headed to another house where the rival group had gathered. The assailants went to the house, forcibly entered and began beating the occupants. Witnesses stated that they observed the defendant striking another individual during one of the confrontations. Home invasion charges against our client were avoided and he was charged with two (2) counts of assault and battery. Attorney Neyman structured a resolution where all counts against his client will be dismissed in one year.
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Charges of negligent operation of a motor vehicle and leaving the scene of an accident dismissed against Boston businessman
Dedham District Court # 07-1077. On March 16, 2007 a local police officer responded to a dispatch reporting a motor vehicle crash where the driver left the scene. The car struck and severed a telephone pole and the license plate of the car remained at the scene. Local police traced the plate to the defendant who lived a few miles away. The police accident reconstruction determined that the vehicle ran off the right shoulder, running down a traffic warning sign and striking the telephone pole. It was further concluded that the vehicle crossed into the oncoming travel lane for one hundred seventy two (172) feet after which the defendant drove to his home without stopping in violation of Massachusetts law. Police contacted the man who admitted operating the vehicle. Emanating from his person was the odor of an alcoholic beverage, he was unsteady on his feet and his eyes were blurry and bloodshot. Attorney Neyman succeeded in getting the leaving the scene charged dismissed. The negligent operation charge was resolved by continuing the case without a finding for one year. Provided the client commits no crimes in the next year this charge will be dismissed as well.
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Charges of assault and battery, assault and battery by means of a dangerous weapon and intimidation of a witness dismissed against Salem man
Salem District Court # 07-0674. The complaining witness reported to Salem police that on March 3, 2007 she had a verbal argument with her husband that turned violent. Specifically, the woman reported that the defendant struck her on both sides of her head with an open hand. The impact was so hard that she became light headed and fell to the ground. The defendant then climbed on top of her and placed both hands around her throat and began to choke her. The defendant subsequently picked up a dust pan and struck the complainant multiple times on her legs and thighs stopping only when the dust pan broke. The defendant then purportedly grabbed the woman by the head and held her head up against the wall. The defendant hired our offices and Attorney Neyman quickly moved to get the case scheduled for trial on September 12, 2007. That day our office convinced the court to dismiss the case.
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Restraining Order pursuant to G.L. c. 209A against Stoneham woman vacated
Somerville District Court Docket Number 07-0354. On August 8, 2007 a Medford man applied for and was granted a restraining order against a woman from Stoneham. The man told the District Court judge that he and the woman had been involved in a relationship for over five (5) years and that on several occasions she would physically assault him, scratch him, bite him and had attempted to stab him with a knife. The complainant further stated that after the relationship ended the woman stalked him incessantly. One month the woman supposedly text messaged him nearly two thousand (2,000) times. On September 4, 2007 Attorney Neyman was hired by the woman to challenge the restraining order. He succeeded in having the order vacated on September 11, 2007.
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Cocaine trafficking and firearm possession case requiring a mandatory seven (7) year sentence dismissed.
West Roxbury District Court #07-0844. On March 11, 2007 Boston Police responded to Ridge Street in the Roslindale section of Boston where they were met by the co-defendant's mother. The woman claimed that she and her daughter had a physical altercation pertaining to the defendant, an alleged drug dealer. The woman showed the police a sandwich bag containing crack cocaine that she found hidden in a fan in the defendant's bedroom closet. Drug Control officers were then called to the house. They were able to seize more cocaine, marijuana and firearm ammunition. A total of more than thirty (30) grams of cocaine was seized from the defendant's bedroom. Im Massachusetts, this quantity of cocaine requires a mandatory minimum sentence of five (5) years on state prison with an additional two (2) years for being within one thousand (1,000) feet of a school zone. The defendant faced a minimum mandatory seven (7) year sentence. Attorney Neyman succeeded in getting all charges against the defendant dismissed.
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Charges of insurance fraud against New York woman to be dismissed
Lowell District Court Docket Number: 07-1879. After an 18 month investigation the defendant, a New York woman living in Massachusetts was charged with presenting a false insurance claim, attempting to commit a crime and false report of the theft of a motor vehicle. The prosecution alleged that in November of 2005 the defendant reported to the Lowell Police that her 1997 luxury vehicle had been stolen. The loss was reported to her insurance company as well. According to the prosecution the defendant stated that she had made no other claims in the previous three years and that she had no other vehicles registered to her or purchased in her name. The invesigation revealed that claims had been made in the recent past and that she owned three vehicles. Police were unable to find evidence of forced entry at the location where the car had been reported stolen despite the fact that the defendant claimed to have locked the vehicle and that only she had keys to the car. The car was ultimately located in Guilford, Connecticut. Forensic experts concluded that the car was not in fact stolen and charges were brought against the defendant. Attorney Neyman negotiated a resolution that will result in the dismissal of all charges in one year. The defendant will have no criminal record.
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Charges of drug violation in a school zone dismissed against local college student
Brookline District Court Docket Number 06-0859. The police alleged that in November of 2006 they went to the defendant's apartment in Brookline, Massachuetts to serve an arrest warrant. Upon arrival they noticed marijuana in an ashtray and began a search of the apartment purportedly with the consent of the defendant. During the search police located a package containing seventeen (17) ounces of marijuana. The package was addressed to the defendant. All of this took place within one thousand (1,000) feet of a school zone mandating a minimum two (2) year sentence were the defendant to be convicted of this charge. Our office succeeded in having this charge dismissed.
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Charges of drug possession with intent to distribute, assault and battery and malicious destruction of property against local college student dismissed
Dedham District Court Docket Number 06-0664. The prosecution alleged that in August 2006 police were approached by a taxicab driver who claimed to have just been assaulted by the defendant. The cab driver stated that he picked the defendant up in downtown Boston and drove him to Cleveland Circle in Brookline. During the ride the defendant became agitated with the cab driver due to the route he was taking. The defendant reached through the partition, punched the cab driver and began kicking the cab door causing substantial damage. Police located the defendant and upon their approach he was observed throwing a package containing marijuana packaged in a manner consistent with the intent to distribute. On the day of trial Attorney Neyman succeeded in having all charges dismissed.
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Charges of assault and battery by means of a dangerous weapon and armed burglary dismissed against Boston hospital worker
West Roxbury District Court Docket Number 06-2738. On September 4, 2006 Boston Police responded to a dispatch for a breaking and entering in a basement apartment on Boylston Street in Boston. Upon arrival the police encountered the victim who had been stabbed twice in the right shoulder area. The victim told police that when he arrived home at his apartment he found the defendant hiding and holding a knife. The defendant then stabbed the victim two times and fled out of the apartment through the rear door. The police canvassed the neighborhood and located the defendant hiding and covered in blood. As the police restrained the defendant they located a set of handcuffs on the floor behind him. During a booking search the police found a key that fit the handcuffs. After filing several motions and appearing at numerous court appearances, on the date of trial Attorney Neyman succeeded in getting all charges against the defendant dismissed.
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Charges of assault and battery against Cambridge woman not issues after show cause hearing
Somerville District Court
On March 18, 2007 Somerville Police officers responded to a report of a domestic disturbance at 2:15 in the afternoon. Upon arrival the police were met by the victim and defendant and learned that after an argument the defendant began hitting, scratching and biting the victim. Evidence supporting the allegations was found on the victim. At the show cause hearing Attorney Neyman convinced the clerk magistrate to order all charges dismissed. As a result, no complaint issued against the defendant and the matter is terminated.
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Charges of assault and battery by a hospital worker dismissed prior to the issuance of a criminal complaint
Roxbury District Court. On January 4, 2007, while at work the defendant's supervisor contacted security and complained that she had been struck by the defendant in a dispute involving other personnel at a Boston hospital. The Boston Police were contacted and the defendant was summonsed to the Roxbury District Court for a clerk's hearing to determine whether or not a criminal complaint should issue. The victim and the Boston Police appeared at the hearing and related details of the incident to a magistrate. Our office succeeded in persuading the magistrate not to issue a criminal complaint and all charges were dropped.
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Assault and battery charge charge against race car driver dismissed
Concord District Court # 06-2042. On November 27, 2006 Maynard Police officers responded to the defendant's home for a report of a domestic dispute in progress. The defendant's wife invited the police into the house where they found broken dishes and items strewn about the home, all indicative of a violent event. The wife reported to the officers that the defendant grabbed her by the neck and shoulder and threw her around the home in a violent rage. The couple's fifteen year old daughter called the police. The defendant was arrested and charged with assault and battery. Our office succeeded in getting the charges dismissed.
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Charges of indecent assault and battery, possession with the intent to distribute class D and disturbing the peace to be dismissed.
Roxbury District Court # 06-2079. On April 29, 2006 Boston Police responded to call regarding an altercation in the Roxbury section of Boston. Upon arrival the police spoke with a woman who claimed that while walking down the street with her boyfriend the defendant grabbed her buttocks in an aggressive manner and made lewd comments. The woman's boyfriend and the defendant then got into the altercation that prompted the police to respond. The defendant was arrested and during the booking search the police located eight (8) vials of marijuana. The prosecution further alleged that the defendant admitted to possessing the marijuana with the intention to distribute that substance. Attorney Neyman convinced the judge to continue the case without a finding. Provided the defendant remains free of legal problems for the next year all charges will be dismissed.
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Domestic assault and battery against Lexington businessman dismissed
Concord District Court # 06-2121. The prosecution alleged that on December 14, 2006 police responded to a 911 call regarding a dispute between a man and woman. When the police entered the premises the complainant told them that she and the defendant were having an argument during which the defendant threw her to the floor and struck her about the head. Attorney Neyman's office succeeded in getting all charges dismissed.