Case Results 2008

Dorchester District Court # 08-0955.   The prosecution alleged that on February 11, 2008 at 2:00 p.m. Boston Police Drug Control officers began to monitor activities of an individual they knew to be a drug dealer.  During a surveillance the officers observed the defendant in a car driving through the suspect's neighborhood and talking on his cell phone.  Subsequently the officers saw the target suspect approach the defendant's car.  A drug transaction followed after which the defendant drove away in his car.  Police followed the defendant and effectuated a stop a few blocks away.  Officers detected the odor of marijuana coming from the defendant's clothing and vehicle.  Officers subsequently located marijuana on the defendant and he was arrested.  Our office was engaged in the summer of 2008.  Attorney Neyman succeeded in getting a judge to agree to continue the case without a finding for one year notwithstanding the defendant's criminal record.  The case will be dismissed in one year provided the defendant remain free from criminal legal problems. 

Brighton District Court # 08-1162.  On June 19, 2008 Boston Police responded to a call involving an incident of domestic violence in Brighton.  Upon their arrival the police spoke with the victim who claimed that her boyfriend grabbed her arms and shook her violently during an argument.  The police observed bruises on the woman's arms.  The defendant was arrested and engaged our office to defend him.  The woman claimed that this was not the first time that the defendant had assaulted her.  Attorney Neyman resolved the case.  All charges are to be dismissed in one year and the defendant is to stay away from the complaining

Wrentham District Court # 08-2261.  According to a Millis police report, on August 2, 2008 at 7:30 a.m. cruisers were dispatched to a local parking lot on a report of an assault and battery.  The victim told police that he was driving west on Route 109 and noticed a vehicle being driven by the defendant tailgating him.  He sped up to create some distance between the cars at which time the defendant attempted to pass him.  The victim turned into a parking lot as did the defendant.  The two got out of their cars at which time the defendant punched him in the face and tried to knee him in the groin area.  The police reported that there were witnesses to this incident.  Attorney Neyman convinced the judge to continue the case without a finding.  If the defendant stays free of criminal problems for one year his case will be dismissed. 

Roxbury District Court # 08-0918.  On February 16, 2008 at 3:10 p.m. Boston Police were dispatched to Bay State Road for a call of a person having exposed himself to a female.  The police located a man fitting the description given by the woman.  The police approached the individual who had entered a motor vehicle purportedly in an effort to escape detection.  The suspect was detained and questioned.  During the interrogation police observed the person's pants partly unzipped.  The woman was picked up and brought to the scene where she made a positive identification of the defendant.  The defendant had been convicted of this offense 12 years earlier.  Attorney Neyman defended the suspect and succeeded in getting the charged continued without a finding.  Provided the defendant remain trouble free for one year all charges will be dismissed.

Boston Municipal Court.  The prosecution alleged that our client, an accountant, was operating his motor vehicle in violation of Massachusetts by taking illegal left hand turns and going through a red light.  A state trooper who observed this behavior stopped our client.  When he made inquiry about the defendant's driver's license he quickly learned that he was operating without a driver's license.  Attorney Neyman represented the defendant at a clerk's hearing.  He succeeded in getting the case dismissed.  No criminal complaint will issue.

Peabody District Court # 08-0563.  On March 16, 2008 a Peabody, Massachusetts Officer was on patrol on Andover Street (Route 114) when he observed a vehicle being driving by the defendant cross over the marked lanes 5-6 times.  The officer stopped the vehicle and noticed that the defendant had glassy, bloodshot eyes and smelled like he had been drinking.  The defendant had difficulty finding his vehicle registration.  The officer had the defendant perform three field sobriety tests, all of which he failed.  The defendant was arrested.  During the booking procedure the booking officer made similar observations regarding our client's state of sobriety.  Upon inquiry our client admitted to drinking 6 beers and a shot of tequila.  Attorney Neyman tried this case to a jury.  The trial lasted 2 days and our client was acquitted.  

Brighton District Court # 08-0888.  On May 31, 2008 at 6:55 in the morning Boston Police responded to meet with a state trooper at the Days Inn parking lot on Soldier's Field Road.  There had been a report of a woman pushed out of a motor vehicle.  Upon arrival police learned that the victim had left her home earlier that morning to go to the store.  While on her way she noticed a particular car driver past her several times.  The driver offered her a ride home.  The victim accepted the offer.  During the ride the driver pulled down his pants and showed the woman his erection.  He then grabbed her by the hair and made her perform oral sex on him.  When he was done he threw her out of the car leaving her in a parking lot.  The victim got the plates of the vehicle and identified the defendant as her assailant.  Today Attorney Neyman's office succeeded in getting all charges dropped. 

East Boston Court Docket # 08-1220.  The prosecution alleged that on June 26, 2008 the defendant, a forty eight-year old woman, confronted the victim outside of the victim's home in East Boston, Massachusetts.  The defendant and another began punching the victim, knocking her to the ground kicking her while she was down.  The defendants then grabbed her purse and fled in a Toyota.  The victim was able to identify the car registration and the defendants.  The incident was filmed by another individual who had with him his video camera.  The victim received injuries and was treated at a local medical center.  On the pre-trial date Attorney Neyman succeeded in convincing the prosecution to dismiss the unarmed robbery charges.  The assault and batter charges in this case remain open.

Concord District Court # 08-1315. Massachusetts State Police reported that on July 26, 2008 at 5:47 a.m. a trooper was dispatched to Concord for a report of a one car accident. When he arrived to the scene he observed the defendant's car down an embankment lying on its side with the undercarriage facing towards the roadway. The trooper next saw the defendant covered in dirt stains. When asked how the accident happened the defendant stated that when he went to answer his cell phone he lost sight of the road and ended up in a ditch. The trooper also detected a strong odor of alcohol on the defendant. Today our office succeeded in getting the negligent operation case dismissed. The defendant was also charged with OUI. That matter was continued without a finding and a G.L. c. 94D disposition was imposed. Our client will be permitted to operate with a restricted license for forty five days. Afterwards, his full operating privileges will be restored.

Plymouth District Court Docket Number: 09-1180. Authorities alleged that on April 5, 2009 police were dispatched to the Wal-Mart for the report of a theft. The loss prevention manager stated that the suspect had taken several items, removed the packaging and attempted to conceal them and remove them from the store. The police approached our client, a resident alien and questioned him about the incident. He admitted to having committed the crimes and was arrested. Police found additional items in his possession that were reported stolen from another store. Attorney Neyman negotiated the dismissal of all felony charges. The remaining counts were continued without a finding for one year. Provided that our client remain free from criminal legal trouble all of these charges will be dismissed as well.

Boston Municipal Court # 08-3785.  The prosecution alleged that on May 19, 2008 the defendant and the victim were at their North End of Boston apartment about to have dinner.  The complainant asked the defendant to take a shower before sitting down to dinner.  The defendant became upset and picked up a three and one half ounce candy bar.  He threw the candy bar at the complainant hitting her in the back of the head and causing her to bleed.  The police responded to the scene and were able to corroborate the complainant's story to some extent.  The defendant engaged Attorney Stephen Neyman to defend him.  On the day of trial Attorney Neyman was able to get all charges dismissed. 

Appeals Court Docket Number 2007-P-1530.  In January of 2007 a judge in the Dedham District Court imposed a restraining order on a college student.  The complainant stated that she had a tumultuous relationship with the defendant for two and a half years.  At times he would verbally abuse her, call her names and intimidate her in a manner she claimed lowered her self esteem.  Defense counsel thoroughly cross-examined the woman during the restraining order hearing.  His efforts disclosed that it was the complainant rather that the defendant who had engaged in harassing behavior.  This notwithstanding, the judge imposed the restraining order.  After the order had expired the defendant engaged our office to appeal the order.  Attorney Neyman successfully argued the case to the Massachusetts Appeals Court and the order was reversed.

Lawrence District Court # MH 08W0305.  The prosecution alleged that on May 16, 2007 Methuen Police were dispatched to a location for a report of continuing threats.  The victim alleged that the defendant, a juvenile, dropped a cardboard piece of paper at the end of her walkway.  Written on the cardboard were the words "I'm coming soon.  You're gonna die".  The victim claimed that this is the second note she received from the defendant and that she had been stalked by him for several months.  After investigating the matter the police summonsed the defendant for a clerk's hearing.  Attorney Neyman appeared and convinced the clerk magistrate to refrain from issuing a criminal complaint.  If the defendant remains free from all criminal involvement for six (6) months the matter will be dismissed.

Malden District Court # 08-1985. On May 28, 2008 Malden Police responded to a dispatch for a report of a domestic assault in progress. Upon arrival officers met with the defendant's wife who was visibly shaken and out of breath. The woman reported that she and her husband began arguing. During the argument the defendant became violent, grabbed her by the throat and began squeezing and choking her. She also reported that our client forcefully grabbed her by both wrists and twisted her arms behind her back so that she could not move. The responding officers noticed bruising on her neck. They also observed her wrists to be swollen. The defendant hired Attorney Stephen Neyman to defend him. Attorney Neyman succeeded in getting all charges dismissed [nolle prossed] earlier today.

Boston Municipal Court # 08-4258. The prosecution alleged that on May 18, 2008 the defendant, a local college student committed a crime by threatening to kill his neighbor. The victim contacted Boston Police and implicitly reported that the defendant tried to enter his apartment while making all kinds of insults and ultimately stating "I'm going to kill you". The defendant denied the accusations and the Boston Police applied for a complaint. The defendant was summonsed for a clerk's hearing, and after failing to appear a criminal complaint issued. The defendant was then summonsed to court to appear on the criminal matter. On the day of arraignment Attorney Neyman persuaded the prosecution and the judge to dismiss the case prior to arraignment.

Hampton District Court # 08-1245. On May 18, 2008 Seabrook, New Hampshire police received a report of a car break at a local restaurant. An individual reported that the window to his BMW had been smashed out and several items taken from the vehicle. A description of the suspect vehicle was reported. Shortly thereafter police located the vehicle being driven by the defendant. Officers observed items they recognized as having been reported stolen in recent car breaks. The police searched the vehicle and found property that was stolen from cars in Massachusetts, New Hampshire and Maine. The defendant was charged with a felony. Attorney Neyman succeeded in getting the charges reduced to a misdemeanor. If the defendant remains free from criminal trouble for the next three (3) years the conviction will be vacated.

Waltham District Court. On April 20, 2008 at 3:54 p.m. Weston Police responded to a call regarding information on a stolen canoe. Six days earlier the victim reported that her canoe had been stolen. In response to the call, the police observed the defendant and two other Weston High School students operating the canoe in a local pond. The officers questioned the defendants and based on the information given charged all three with receiving stolen property. Attorney Neyman convinced the Clerk Magistrate to refrain from issuing a criminal complaint against his client.

Boston Municipal Court # 08-1481. The prosecution alleged that on February 15, 2008 at 2:20 a.m. Boston Police Officers responded to a radio call for a B&E in progress at 50 Congress Street. Upon arrival officers learned that the defendant was unlawfully inside the victim's Lincoln Navigator with an apparent to commit a felony. The gearshift had been broken as well. Officers confronted the defendant who attempted to flee and resist efforts to arrest him. It was further learned that the defendant had pushed the owner of the Lincoln while the police were en route. Our office succeeded in getting all charges dismissed.

Waltham District Court # 07-2402.  The prosecution claimed that on August 22, 2007 in the course of a stolen car investigation Weston Police drove by a home where it was believed that the owners were on vacation overseas.  The police approached the home and observed high school aged people having what appeared to be a party.  When the police were detected many of the people scattered through the woods.  Ultimately, the defendant, a Weston High School senior was located in the home, passed out and apparently under the influence of alcohol.  At the time, he was on probation for a prior drunk driving conviction.  Attorney Neyman negotiated a resolution of the case whereby the defendant will not have a criminal record and all charges will be dismissed in August of this year.

Plymouth District Court # 07-4111.  On April 9, 2008, over a three day period Attorney Neyman tried a fourth offense drunk driving case in the Plymouth District Court.  The prosecution alleged that on December 15, 2007 Plymouth Police Officers responded to a 911 call stating that a car was driving at night on State Road with its lights off.  Responding officers made the same observation and the defendant was stopped.  When questioned the defendant was unable to respond to simple commands, did not know where he was going or where he had just been.  He failed three separate field sobriety tests and admitted to having consumed a considerable amount of alcohol.  The trial lasted three (3) days.  The jury returned on three (3) occasions to advise the Court that they were hopelessly deadlocked.  Each time, the judge requested that they resume their deliberations.  The defendant was convicted and sentenced.  Three (3) days later our office learned that a court officer made inappropriate comments to the jury about their deliberation process.  During the improper communication the jurors told the court officer that they were deadlocked at 3-3.  We immediately filed a motion to vacate the conviction.  Today, the prosecution agreed to our motion and the case will be retried in a few months. 

Framingham District Court # 08-0780.  The prosecution alleged that on February 23, 2008 at 1:07 a.m. Hopkinton police responded to two 911 calls report "a possible domestic in progress".  Upon arrival police were met by the alleged victim.  She reported that the defendant was upset about their children having written on the wall.  She claimed that as the argument escalated the defendant pulled off his belt, wrapped it around his hand and struck her with it in the face.  The defendant was charged and retained our office to defend the case.  We quickly obtained all discovery materials and scheduled a jury trial.  That day, all charges against the defendant were dismissed.

Brighton District Court # 08-0260.  The prosecution alleged that on February 7, 2008 a Massachusetts State Police officer was conducting queries on random license plates.  He conducted a query of the defendant's car and observed a female operating the vehicle.  The query revealed that the vehicle owner had a revoked driver's license due to an out of state drunk driving conviction.  The officer located the defendant, a Boston Public School teacher at her residence, interrogated her and learned that she had in fact been the operator of the vehicle he queried.  Charges for operating after suspension subsequently issued.  Today, Attorney Neyman succeeded in convincing the prosecution to dismiss all charges.

West Roxbury District Court.  The prosecution alleged that on April 20, 2008 at 12:25 a.m. Boston Police responded to a radio call of complaints that there was a loud argument in the area of Huntington Avenue and Shepherd Street.  Upon arrival the police observed a large crowd in front of 2 Shepard Street and a larger crowd inside the residence.  The majority of the crowd was consuming alcohol and most appeared to be under the age of twenty-one (21).  While attempting to gain control of the crowd the police observed the defendant, a college freshman attempting to flee from the rear of the residence while drinking alcohol.  When approached the defendant produced an out of state driver's license bearing the name of another.  The defendant was charged with being a minor in possession of alcohol and providing a false name to police.  Our office succeeded in having the charges dismissed in their entirety prior to arraignment. 

Quincy District Court # 07-4879.  The defendant, a Quincy man was charged in August of 2007 with possession with intent to distribute a class "B" substance as a second and subsequent offense, conspiracy and school zone violation.  The nature of the charges mandates Superior Court jurisdiction and a minimum mandatory three (3) year sentence to state prison plus and additional two (2) year mandatory sentence for the school zone violation.  Prior to the day of trial Attorney Neyman succeeded in convincing the prosecution to keep the case in the district court and refrain from indicting the case.  Accordingly, that portion of the possession with intent charge alleging "second and subsequent offense" was dismissed.  Also prior to trial, Attorney Neyman investigated the matter and learned that the alleged violation was not within one thousand (1,000) feet of a school zone and the prosecution agreed to a dismissal of that count in the complaint as well.  On the day of trial our office succeeded in having the remaining charge dismissed.

Suffolk Superior Court # 06-10587.  In August of 2000, represented by another law office, the defendant was convicted of carjacking, assault and battery by means of a dangerous weapon and assault and battery.  He was sentenced to 5-6 years in state prison and received probation from and after that sentence for a period of four (4) years.  After release from prison the defendant failed to report to probation, failed to report his whereabouts, failed to pay his probation supervision fee, failed to perform community service, failed to report every two weeks and failed to participate in an inpatient drug treatment course, all in violation of his probation.  In fact, the defendant had moved to Florida and started a new life, completing schooling for massage therapy.  When he attempted to get licensed the Florida licensing authorities were alerted to the outstanding probation warrants in Massachusetts.  The defendant retained our office and, with the assistance of Attorney Neyman surrendered to the Massachusetts authorities.  Our office succeeded in getting the probation terminated, thereby ending the defendant's Massachusetts probation obligations and permitting him to lawfully return to Florida

Chelsea Court # 08-0263.  On January 31, 2008 Chelsea police responded to an anonymous call for a domestic violence disturbance at the defendant's home.  The officers knocked on the door and were met by the victim.  She was crying and her eyes were bloodshot.  She had a cut on her left cheek leading from her nose to the corner of her mouth.  There was wet blood on her chin and a cut underneath her chin.  The defendant made inculpatory statements to the police during the course of the investigation.  On the day of trial Attorney Neyman secured a dismissal of all charges against the defendant.

Ayer Court # 07-2375.  As early as May 2007 employees for the Town of Ayer began to notice that various items in the water treatment department had been missing.  The observations were reported to town officials and ultimately the police were called in to investigate the thefts.  Several town employees were interviewed and the investigation led to the defendant as being a prime suspect in the theft of various items.  Two key witnesses told the police that the defendant had admitted to them to taking some IT equipment for his personal use.  Attorney Neyman negotiated a resolution of the case whereby the defendant will not have a criminal record and all charges will be dismissed in six (6) months.

Lynn Court # 07-3738. In June of 2007 Lynn Police and Massachusetts State Police were investigating a major heroin distribution ring centered in Lynn, Massachusetts. During the course of surveillance they observed the defendant, an aerospace engineer and his girlfriend drive to an area known for high incidents of narcotics offenses. The vehicle was operated in a manner consistent with counter surveillance techniques. The defendant finally stopped the car in front of a house suspected as a storage facility and distribution point for heroin. Two males approached the vehicle and were seen engaging in a narcotics transaction with the defendant. Specifically, police observed one of the men provide two bags of heroin to the defendant. Surveillance continued and when the defendant drove away from the house backup officers conducted a stop. In the defendant's control was a quantity of heroin consistent with personal use. Attorney Neyman negotiated a disposition where the charge of knowingly being present where heroin is kept was dismissed and the possession of heroin will be dismissed in 9 months.

Lynn Court # 07-4083. On June 10, 2007 Lynn Police were involved in a heroin trafficking investigation targeting numerous large scale North Shore heroin dealers. In the course of their investigation they encountered the defendant, a Saugus business owner and his entrepreneur girlfriend, purportedly attempting to sell top of the line brand new stolen computer equipment. Police detectives located a Visa Credit Card receipt for the equipment bearing the name of a New Hampshire resident in the defendant's possession. Officers contacted the victim and learned that his credit card had in fact been stolen while he had been at a gym in New Hampshire. The victim further told police that unauthorized purchases in excess of $2,500.00 were charged to his account. Police investigators next went to the store where the illegal purchases were made and through a security videotape were able to make a positive identification of the defendant. Attorney Neyman succeeded in getting all charges dismissed on the day of trial.

Brockton Court # 05-8315.  The prosecution alleged that on December 8, 2005 they were dispatched to a Laundromat on Main Street in response to a 911 call.  The caller, an employee of the Laundromat, claimed that the defendant entered her store and asked her if she wanted to buy some "flave", a street name for crack cocaine.  When she refused he made lewd sexual remarks and left the store.  The woman called the police who immediately responded and found the man in his car outside the Laundromat in possession of fifteen bags of crack cocaine and four bags of marijuana.  The cocaine weight was 13.9 grams and the incident took place within 1,000 feet of a school zone.  A conviction would require a minimum mandatory 2 year sentence to the house of correction.  Attorney Neyman succeeded in getting all charges dismissed.

Lynn District Court # 07-7078.  The prosecution alleged that on November 18, 2007 they were dispatched to Emerson Place on a reported 911 call.  When they arrived at the scene they were met by a woman who was crying and shaking.  She claimed that she the defendant, a suburban Boston business owner, had been in a dating relationship and that in the course of an argument he smashed out the driver's window of her car.  She also claimed that he threw a rock at her and blocked her escape with a motor vehicle.  Our office succeeded in getting all charges dismissed.

Roxbury District Court # 06-6180.  Boston Police alleged that on December 9, 2006 they responded to a radio call to assist Northeastern University  police with a motor vehicle accident involving a possible drunk driver.  Upon arrival the police learned from witnesses that the driver had struck two cars.   The responding officers then located the defendant outside her vehicle, slumped and seated on apartment building stairs.  While attempting to ascertain the woman's physical condition the officers noted that she was unable to respond to questions, unable to stand and emanating a strong odor of alcohol.  The woman was charged with operating under the influence of alcohol.  On the day of trial Attorney Neyman convinced the judge to dismiss the charges.