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Case Results 2012
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Felony Drug Charges, Possession With Intent to Distribute Class D Dismissed Against Local Man
Hingham District Court: On April 18, 2012 members of a south shore police department executed a search warrant at the home of our client. Upon gaining access to the home officers contacted the defendant who directed them to the location where he was storing drugs and drug distribution paraphernalia. Officers seized drugs, scales, packaging agents, cuff sheets, suboxone and over one pound of marijuana. The defendant was charged with Possession with the Intent to Distribute Class D along with related Massachusetts Drug Crimes. Attorney Denise Dolan from our office prepared and successfully argued a Motion to Suppress. Today all charges were dismissed.
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Charges of Breaking and Entering, Larceny Over $250 to be Dismissed Against Local Teenager
Concord District Court: The prosecution alleged that on January 30, 2012 Lexington, Massachusetts police were dispatched to an apartment that had apparently been broken into. Upon arrival the officers learned that in addition to the breaking and entering jewelry had also been stolen. The crime scene was processed and boot prints were identified in the home. Officers then interviewed a neighbor, the defendant. While doing so they noticed that his boots matched the size of the boot prints found at the victim's home. Officers also observed mulch on the bottoms of the boot consistent with mulch found at the victim's home. The police investigation later led them to a pawn shop in Waltham, Massachusetts. There, it was determined that the defendant had pawned the jewelry that was missing from the victim's home. Today, Attorney Stephen Neyman was able to get this case continued without a finding. Provided the defendant remain free of criminal problems during the pendency of the continuance period all charges will be dismissed.
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Felony Malicious Destruction to Property Charges Reduced to Misdemeanor and to be Dismissed
Boston Municipal Court: The defendant is an accountant at a major international accounting firm. He had criminal legal problems in the past of a felony nature that we succeeded in getting dismissed. This past March he and his girlfriend got into an argument on a busy city street. During the course of the argument the defendant broke a window to a car owned by someone not involved in this incident. The police arrived and charged with defendant with Malicious Destruction to Property Over $250, a felony in Massachusetts. Today, we succeeded in getting the charges dropped to a misdemeanor and continued without a finding. The client will have no criminal record if he complies with his probationary reporting requirements.
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Negligent Operation and Operating to Endanger Charges Dismissed Against Local Businessman
Brighton District Court: The defendant was stopped and cited while driving on a local highway. According to the police, the defendant was traveling at speeds in excess of one hundred miles per hour. While doing so he cut off an ambulance. Criminal charges were brought in the Brighton District Court. Our office was able to get the defendant pretrial probation. Once he completes twenty hours of community service the case will be dismissed.
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Assault and Battery Case Against Local College Student Dismissed Prior to Arraignment
Newton District Court: The prosecution alleged that on October 13, 2012 police at a local university responded to a dormitory for a report of an assault and battery. Officers met up with the victim who reported that the defendant, his roommate, were at a party and got into an argument about spreading rumors about some of the women on campus. The victim claimed that he was confronted in the bathroom where he was struck by the defendant. The defended was arrested and hired Attorney Stephen Neyman. Today, we were able to get the case dismissed prior to arraignment.
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Harassment Prevention Order Against Public School Bus Driver Vacated After Hearing
Lynn District Court: The complainant applied for and was granted a temporary Harassment Prevention Order against a local public school bus driver. She believed that the defendant and her husband were involved with one another. She claimed that the defendant went to her house and paced her driveway for twenty minutes. She also received several letters and telephone calls of a harassing nature from the defendant. Our office was hired to try to vacate the order. Today, after a hearing, Attorney Neyman was able to get the order vacated.
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Motion to suppress evidence allowed in marijuana distribution and Class B drug possession case
Hingham District Court: Police obtained a warrant to search our client's home for evidence of suspected sale of marijuana and other drugs. In support of the warrant, police claimed that two confidential informants provided information relative to our client. Police also claimed that the informants made controlled buys in our client's home. Denise Dolan of our office argued that the warrant was invalid as based on stale information from unreliable informants and that the informants were acting as agents of the police when entering our client's home. The court agreed and allowed our motion to suppress everything recovered as a result of the invalid warrant.
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Motion to suppress evidence allowed, charges of cocaine possession dismissed
Worcester District Court: Police alleged that they stopped our client pursuant to a tip relative to a nearby bank robbery. The caller provided our client's license plate number and indicated that the driver and passenger had wads of cash on their laps. Police stopped our client in his car and observed stacks of $100 bills. During a pat-frisk, a plastic baggie containing cocaine allegedly fell out our client's pants. The cash totaled more than $12,000. Denise Dolan argued that the search and seizure was illegal. The court agreed and allowed her motion to suppress. Today, the prosecution dismissed the charges.
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Motion to dismiss school zone drug violation allowed
Brockton District Court: Our client was charged with distribution of Class B drugs in a school zone. Until August of 2012, the school zone violation triggering distance was 1,000 feet. On August 2, 2012, the legislature passed the "Three Strikes" law, which reduced the school zone range to 300 feet. It was alleged that our client was selling drugs within 633 feet of a school. The prosecution took the position that the old law should be applicable because the complaint issued prior to enactment of the law. Denise Dolan of our office argued that the new law was applicable retroactively to pending cases. Today, the motion was allowed and the school zone portion of the complaint, which carries a mandatory minimum sentence, was dismissed.
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Charges of minor in possession of alcohol dismissed after clerk's hearing
Roxbury District Court: Police sought a complaint against our client, a local college student, after responding to a party at his home. There were approximately 75 guests and drinking was involved. Our client, like many of his guests, was underage. The criminal complaint application was dismissed today after a clerk's hearing.
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Charges of Domestic Assault and Battery Dismissed on Day of Trial
Boston Municipal Court: The prosecution alleged that on March 18, 2012 members of the Boston Police Department received a call to a local posh hotel from a security officer. When the police arrived they found the complaining witness, a forty one year old female bleeding from the mouth. The woman told the police that she confronted her husband about some infidelity and then punched her in the mouth several times and started to choke her. The woman was treated at a Boston hospital where she received stitches to her lip. The defendant was arrested walking on a nearby highway towards his home. Today, Attorney Stephen Neyman was hired to defend the man. Today, we succeeded in getting the case dismissed.
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209A restraining order vacated after hearing
Roxbury District Court: It was alleged that our client bought a one-way ticket from Texas to Boston, went to a former boyfriend's apartment upon arrival, and was escorted out of his building by security. The ex-boyfriend alleged that our client called him 20 times per day and " stalked" him at a local bar, grocery store, and his workplace. He also claimed that she followed him along Boston streets, ducking into doorways as she walked. An existing order was vacated after Denise Dolan of our office represented our client at a hearing.
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Charges of Assault and Battery (Domestic) Resolved by Pretrial Probation
Lowell District Court: The prosecution accused our client of Assault and Battery stemming from an April incident. The complaining witness and the defendant have children together. During the defendant's visit with his children he and the complainant got into an argument. She accused him of hitting her in front of the children. The Lowell, Massachusetts police were called. Trial was scheduled for today. The defendant agreed to ninety days Pretrial Probation. Provided he remain free from criminal legal troubles the case will be dismissed. If he violates the conditions of the probation the prosecution can revive the case if it so chooses.
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Charges of Larceny Against Newton Businsessman Dismissed at Arraignment
Quincy District Court: The prosecution claimed that just a couple of days ago our client was observed in a local store engaging in suspicious activity. Store security watched him for a while and noticed him placing objects into his clothes in a manner consistent with theft. Local police were called and when the man left the store he was caught with some of the store merchandise. Store records made clear that the items were not purchased. Today, the day of arraignment our office was able to get all charges dismissed.
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Pretrial Probation Imposed for Woman Accused of Criminal Harassment , Identity Fraud and Violating a Harassment Prevention Order
Wrentham District Court: After nearly a two year investigation members of the Medway, Massachusetts Police Department determined that the defendant, wife of the victim's former husband had been engaging in a pattern of conduct designed to harass. The police forensic investigation led to the execution of a Search Warrant at the defendant's home from which all electronic devices capable of sending communications were seized. Officers and the prosecution concluded that our client had systematically sent hundreds of harassing emails to the victim over the course of the two years sufficient to warrant the issuance of a Harassment Prevention Order. Simultaneously, the defendant was alleged assuming the victim's identity to further the harassment efforts. Notwithstanding the issuance of the Harassment Prevention Order the abuse continued and our client was charged. After nearly eighteen months of litigation Attorney Neyman secured pretrial probation for the defendant. She will have no criminal record.
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Charges of sex for a fee to be dismissed after clerk's hearing
Boston Municipal Court: Police alleged that they found our client through backpage.com, on which she was advertising sexual services. An undercover police officer contacted her to discuss sexual services, and the two met in a Boston hotel room. Once in the room, the officer handed our client the agreed upon sum. She then told him to take off his clothes and began taking off her own clothes. She hired our office to represent her, and the complaint for charges of sex for a fee did not issue. There will be no CORI entries.
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Charges of possession with intent to distribute heroin in a school zone dismissed
Lawrence District Court: Police responded to a report of two people shooting up drugs in a hospital parking lot. The prosecution alleged that a security officer approached our client, the driver, and found him holding a syringe in one hand and a clear baggie containing a brown substance believed to be heroin in the other. When police arrived, they observed a clear baggie in the in the driver's side door. Police found another baggie containing a brown substance in our client's pocket, totaling approximately 7 grams of suspected heroin. He was charged with possession of heroin, possession with intent to distribute heroin , and a school zone violation. Denise Dolan of our office convinced the prosecution to dismiss the intent to distribute and school zone charges outright and to dismiss the possession charge upon payment of court costs.
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Charges of Larceny Over $250, Destruction of Property Over $250 and Receiving Stolen Property Dismissed at Clerk's Hearing
Cambridge District Court: The prosecution alleged that our client, a recent high school graduate and cook entered a local music supply store and stole a significant quantity of equipment. The defendant reappeared at the store only to steal more merchandise . Loss prevention officers observed the activity and called the local police. The ensuing investigation disclosed that the defendant had in fact engaged in similar conduct at this establishment over a period of time. Our office was hired to represent him at a Clerk's Hearing, notwithstanding the value of the property alleged to have been stolen. Today, was succeeded in convincing the magistrate not to issue a complaint. No charges were filed as a result of our efforts.
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Felony Marijuana Cultivation Charges to be Dismissed Against Local Accountant and Software Engineer
Fall River District Court: The prosecution alleged that police in Freetown, Massachusetts observed that defendant driving through town without a valid driver's license. Apparently one of the officers knew the defendant and had information that his license had been suspended. The officer followed him to his home. The officer knocked on the door. The defendant opened the door and was arrested. A search incident to the arrest disclosed the presence of many marijuana plants. The defendant was charged with Possession With the Intent to Distribute Marijuana and Cultivation of Marijuana, both felonies. Attorney Neyman was able to get the cases continued without a finding. All charges will be dismissed in a matter of months provided the client remain free of criminal legal trouble during the continuation period.
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Complaint for Leaving the Scene of Property Damage to be Dismissed After Clerk's Hearing
Brookline District Court: It was alleged that on a Saturday night, our client hit a parked car and proceeded to drive down the street. A witness told police that he saw our client hit the car and stagger out of his car towards an apartment building. Police observed damage to our client's car. They applied for charges of leaving the scene of property damage. Our office represented our client at a clerk's hearing, and the application will be dismissed in one year provided that our client stays free from trouble. There will be no CORI entries.
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Charges of Assault with a Dangerous Weapon Dismissed After Clerk's Hearing
Dorchester District Court: Police alleged that our client chased another man with a knife, took the man's sandal, and then fled the scene after throwing lemonade at the man's face. When the alleged victim tried to "kick him [our client] in the butt," our client allegedly again pulled out the knife and chased him down the street with it. Police applied for charges of assault with a dangerous weapon. Denise Dolan of our office represented our client at a clerk's hearing today, and the application was dismissed.
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Drunk Driving Case (OUI) Against Local Businessman Dismissed
Boston Municipal Court: The prosecution alleged that on January 11, 2012 a State Trooper with the Massachusetts State Police responded to an accident on Route 93 northbound in the South Station O'Neil Tunnel. The trooper encountered the defendant who stated that he was driving from Dorchester northbound, that his car was sideswiped by an unknown vehicle causing him to crash and that that car left the scene. The defendant was observed unsteady on his feet, slurring his words, bloodshot eyes and smelling like alcohol. He failed all field sobriety tests and was arrested. A security videotape showed that there was in fact no car that hit him. Rather, the defendant lost control of his car and hit both sides of the tunnel. Today, Attorney Stephen Neyman was able to get the case dismissed.
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Sex For Fee Charges to be Dismissed Against Massage Parlor Employee
Concord District Court: A multi-jurisdictional task force began an investigation into suspected prostitution activities at a Lexington, Massachusetts massage parlor. A detective acting in an undercover capacity entered the establishment on June 8, 2012. He was greeted by two Asian females and escorted to a room in the rear of the establishment. There he was asked to take his clothes off and a fee for a "massage" was negotiated. The defendant then began massaging the detective and reached for his genitals offering to give him a hand job in exchange for money. At that point an arrest was made and the woman was charged with Sexual Conduct for a Fee. Attorney Stephen Neyman was able to secure pretrial probation for the client. In six months all charges will be dismissed and the client will not have a criminal record.
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Cocaine Drug Possession Charges to be Dismissed, Motor Vehicle Case Dismissed
Brookline District Court: The prosecution alleged that on February 16, 2011 a Brookline Police Officer observed a man driving his motor vehicle at a high rate of speed. The operator was pulled over and asked to produce his license and registration. The officer learned that the individual did not have a driver's license. The man was arrested. While at the police station a booking search was conducted. During the search officers found three bags containing a quantity of cocaine consistent with personal use or simply drug possession. The man was charged and defaulted. Subsequently our office was retained. Today, Attorney Neyman was able to remove the default and get the Motor Vehicle case dismissed. The prosecution agreed to pretrial probation for the drug case meaning that if the defendant remain free from criminal trouble all charges will be dismissed. This will have no effect on his immigration status.
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Probation Violation Charges Dismissed, Probation Terminated Against Ordained Minister
Brockton District Court: In 1996 the defendant was charged with Possession With the Intent to Distribute Class A and Class B Drugs, Breaking and Entering and Possession of a Class D drug. He was placed on probation and ordered to have drug testing, counseling and to report to probation. The defendant defaulted and moved to Puerto Rico. Last month the defendant hired Attorney Neyman to remove the probation warrant and to represent him at the Probation Surrender Hearing. Today, our office was able to get the judge to terminate probation.
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Charges of Failing to Register as a Sex Offender Against Local Chef to be Dismissed
Dedham District Court: Our client is a well-know local chef. Many years ago, as a juvenile he was convicted of various Sex Crimes and subsequently ordered under the Sex Offender Registry Board (SORB) guidelines to register as a sex offender. He failed to do so and was charged with Failure to Register as a Sex Offender, a felony in Massachusetts. He hired Attorney Stephen Neyman to represent him. Earlier today the case was continued without a finding. Provided the defendant remain compliant with his registration requirements and obey all laws the case will be dismissed.
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Shoplifting Charges Against Local College Student Dismissed After Clerk's Hearing
Boston Municipal Court: According to Boston police officers, the defendant, a local college student, was observed shoplifting merchandise at a local high end cosmetic store. Loss prevention officers making the observation found several items in the defendant's possession and called the Boston Police. The defendant was summonsed to the Boston Municipal Court for a Clerk's Hearing. She hired Attorney Stephen Neyman. Today, at the Clerk's Hearing all charges were dismissed.
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Drug Charges Against Accountant to be Dismissed
Lawrence District Court: The prosecution alleged that in the fall of 2011 members of the Lawrence, Massachusetts department observed a woman trespassing in an area of the city saturated with drug activity. The officers inquired and realized quickly that the woman's story was irrational. The woman was unable to provide accurate identification and for officer safety purposes she was pat frisked. During the search officers found a quantity of heroin in her possession. She was subsequently charged with Possession of Heroin, a Class A substance. All charges are going to be dismissed in six months.
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Various Motor Vehicle Crimes, Disturbing the Peace Dismissed Against Serviceman
Waltham District Court: The prosecution alleged that on May 18, 2012 a Watertown police officer observed the defendant operating a motor vehicle while exiting the parking lot of a local coffee shop. The operator left at a high rate of speed and accelerated when he heard the police behind him. Once a stop was effectuated the defendant became unruly, threatening the police officer. He did not have a license, and was charged with Disorderly Person and Operating Without a License among other Motor Vehicle Crimes. Today, Attorney Stephen Neyman was able to get all charges dismissed on court costs.
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Charges of Receiving Stolen Property Over $250, Larceny Under $250 against local high school student to be Dismissed
Waltham District Court: A Waltham, Massachusetts police detective was assigned to monitor second hand estate sales in the city. While at local pawn shop he became suspicious that an eighteen year old high school student from a neighboring town had sold some rather expensive jewelry to the pawn shop owner. The detective contacted the defendant's town police department and learned that one of the defendant's neighbors' home had been broken into and her jewelry had been stolen. The store owner identified a photograph of the defendant as the person who sold him the stolen jewelry. Charges of Receiving Stolen Property Over $250 and Larceny Under $250 were filed against the defendant. Today, Attorney Stephen Neyman was able to get the charges continued without a finding. The defendant will have no criminal record if he is able to remain free of criminal problems for the next year.
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Open and Gross Lewdness, Indecent Assault and Battery, Assault and Battery Charged to be Dismissed Against Boston Financial Executive
Quincy District Court: On August 5, 2011 Weymouth, Massachusetts police responded to a local hospital for a report of a sexual assault. The complainant stated that he and another friend met up with the defendant at a local bar. Just before leaving the bar the man stated that he had a headache. He reported that the defendant then gave him two pills. He became nauseous and started to vomit. He woke up hours later to find the defendant lying on top of him, kissing him, and rubbing his legs and thighs near his genitals. Toxicology reports indicated that the victim had doxylamine, a date rape drug in his system. Today, Attorney Neyman was able to convince the judge to continue the case without a finding. If all conditions are properly satisfied all charges will be dismissed.
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Charges of Domestic Assault and Battery Dismissed Against Boston Area Business Owner
Somerville District Court: The prosecution alleged that on November 9, 2012 Somerville, Massachusetts police officers responded to a Domestic Violence call. They arrived to find the victim, the defendant's wife, hiding in fear in a bedroom. She told the police that her husband grabbed her by the neck, choked her and assaulted her with a knife. The defendant was charged with Assault and Battery and Assault by Means of a Dangerous Weapon. Attorney scheduled the case for trial and succeeded in getting all charges dismissed today.
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Charges of Domestic Assault and Battery, Larceny Dismissed Against Filmmaker
Brookline District Court: The prosecution alleged that on February 16, 2012 Brookline Police were called to a domestic disturbance by the victim's neighbor. The police arrived to find the victim complaining that a family member had attacked her, emptied her purse and stolen her money. The encounter was violent, loud and though to be motivated by drug abuse. The defendant, a local filmmaker was located and arrested. He was charged with Domestic Assault and Battery and Larceny. Today Attorney Neyman succeeded in getting all charges dismissed.
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Motion to dismiss charges of failure to stop for a police officer and negligent operation allowed
Plymouth District Court: The prosecution alleged that police saw a car driving at a high rate of speed and proceed through a roundabout without yielding. When police activated their lights to stop the car, the driver accelerated to 85-90 mph, crossed traffic lanes, and failed to stop. Police went to the home of the registered owner who informed the police that our client was in possession of the car and was out in the car. Today, Denise Dolan of our office moved to dismiss the complaint for lack of probable cause. The motion was allowed, and the charges were dismissed.
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Man with drug conviction record charged with Possession of Heroin gets a continuance without a finding
Lawrence District Court: The Lawrence, Massachusetts police reported that on May 9, 2012 they set up surveillance to observe and monitor reported drug activity in a particular neighborhood. During the surveillance officers saw a man driving a car with New Hampshire license plates park his car. He remained in the car and was approached by Hispanic males who arrived in another car. Officers then observed what they believed to be a drug deal. One of the unmarked units followed the defendant, pulled him over and found heroin in his car. He was charged with Possession of Heroin. The man had been in court on other drug charges in the past involving Crack Cocaine and Marijuana. Attorney Neyman succeeded in getting this case continued without a finding. The case will be dismissed upon payment of court costs and a completion of unsupervised probation. The defendant will not have a criminal record.
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Charges of sex for a fee to be dismissed by way of pre-trial probation
Boston Municipal Court: The prosecution alleged that our client contacted an undercover officer from the Human Trafficking Division of the police department, who was posing as a 17-year-old girl on a website commonly used for online prostitution. Our client allegedly solicited for oral and straight sex and agreed to meet the undercover officer at a local hotel. Our client allegedly provided his telephone number, described himself, and indicated what he would be wearing. Officers saw a male matching that description in the designated meeting area and called the given telephone number to confirm that this suspect was the person soliciting sex from the undercover officer. Our client was then arrested. Today, our office was able to get him pre-trial probation, and his case will be dismissed in one year.
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Charges of operating a vehicle with a suspended license dismissed
Worcester District Court: Our client was charged with driving with a suspended license after police stopped him for running a stop sign and discovered that he had a suspended license as well as an active arrest warrant. He was then handcuffed and arrested. Today, our office was able to get the charges dismissed.
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Charges of Domestic Assault and Battery against orthopedic surgeon to be dismissed
Brighton District Court: According to the prosecution on January 28, 2012 police were dispatched to a location in Allston, Massachusetts where they were met by the complainant. The victim told the police that her ex-boyfriend entered her home and physically assaulted her. Specifically, the defendant forcefully grabbed her, shook her and refused to let her go. When she ultimately escaped his grip she called the police. The woman claimed that earlier in their relationship there had been some physical and verbal abuse. While the police were obtaining this information the defendant called her cell phone twenty eight times. He was arrested and charged with Domestic Assault and Battery. The defendant, a local physician retained Attorney Stephen Neyman. Today the case was resolved by pretrial probation. Once the pretrial period expires all charges will be dismissed.
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Complaint application for leaving the scene of property damage not issued after clerk's hearing
Brookline District Court: Police claimed that our client, a local marketing professional, crashed into a parked car and left the scene. Police claimed that witnesses, including the alleged victim as well as children who were playing in a nearby park, saw our client stumbling from his car and walking unsteadily into his apartment after driving a short distance down the street. Denise Dolan of our office represented our client at a clerk's hearing today, and no complaint issued. There will be no CORI entries.
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Charges of possession with intent to distribute drugs, drug distribution, drug possession, school zone violation, and drug conspiracy dismissed after successful motion to suppress
Worcester District Court: About a month ago, a motion to suppress evidence and statements was allowed by this court. Today, the prosecution realized that it could not continue with this case after the evidence was suppressed. The charges have been dismissed.
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Assault and Battery, Disorderly Conduct Complaints Against Local School Teacher Dismissed Prior to Arraignment
Boston Municipal Court: At 1:30 a.m. on April 21, 2012 Boston Police officers patrolling the Back Bay observed a female throwing punches at a male while shouting obscenities. A crowd gathered and the woman continued her assault in the presence of the officers. Multiple witnesses came forward to corroborate the account given by the victim. The suspect, a local school teacher was arrested and charged with Assault and Battery and Disorderly Conduct. She hired Attorney Stephen Neyman to defend her. Today, all charges were dismissed prior to arraignment.
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209A restraining order modified after hearing
Hingham District Court: Prior to retaining our office, our client's brother- in- law had obtained a temporary restraining order which contained a provision ordering our client to stay away from her parents' home. The plaintiff brother-in-law claimed that the stay away provision was needed because he and his wife regularly cared for our client's parents. Our client retained our office to challenge that provision because she was living in her parents' home and had been doing so for approximately one year, as she had lost her job. Denise Dolan of our office successfully argued that the brother-in-law had no legal standing to request a stay away from the parents' home, and the court vacated the challenged part of the 209A order.
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Felony Charge of Malicious Destruction of Motor Vehicle Dismissed, Possession of Counterfeit Money to be Dismissed
Natick District Court: The prosecution alleged that on June 24, 2011 Natick police officers responded to a mall security report of a male slashing tires on a car in the parking lot. The defendant's vehicle was leaving the parking lot and stopped by the police. Security cameras caught the act on tape. The defendant was stopped, identified and arrested. In his possession the police found the knife used to commit the felony act. The defendant confessed to the act, which is a felony that by law cannot be continued without a finding. While searching his car the police located seven hundred dollars counterfeit cash, also a felony in Massachusetts. Today Attorney Neyman was able to get the charge of Malicious Destruction to a Motor Vehicle dismissed. The remaining charges were continued without a finding with unsupervised probation. If the defendant remains free from criminal legal trouble for the next year all charges will be formally dismissed.
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Charges of Operating Without a License Dismissed After Clerk's Hearing
Charlestown District Court: The prosecution alleged that on March 30, 2012 our client was involved in a collision on a major Boston road. A state trooper responded to investigate and quickly learned that our client was not licensed to operate a motor vehicle in Massachusetts. Charges were brought in the Charlestown District Court. Attorney Neyman appeared on behalf of the client today at a Clerk's Hearing and succeeded in getting all charges dismissed.
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Charges of larceny by check over $250 dismissed after clerk's hearing
Dedham District Court: A dancer from local gentleman's club applied for criminal charges against our client, a financial professional, claiming that she was the victim of larceny by check. She alleged that our client agreed to pay her $20,000 for a night of private services, which she claimed were limited to exotic dancing, in his apartment. She claimed that our client gave her his license as "collateral." It was alleged that our client gave the woman three checks for her services, two of which bounced. Denise Dolan of our office was successful in getting the charges dismissed before any criminal complaint issued. There will be no CORI entries.
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Charges of Operating on a Suspended License Dismissed Against Local Mechanical Engineer After Clerk's Hearing
Concord District Court: The prosecution alleged that Stowe, Massachusetts police officers observed the defendant operating at an excessive rate of speed on a small road in that town. They pulled the operator over and learned that his driver's license had been suspended. The man, a mechanical engineer working at a local manufacturing company contacted our office and hired Attorney Stephen Neyman. Today, after a Clerk's Hearing, the criminal charges were dismissed. No complaint will issue.
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Charges of assault and battery with a dangerous weapon and threat to commit a crime to be dismissed
Malden District Court: It was alleged that our client drunkenly attacked his wife with a large butcher knife. According to the wife, when she returned home after getting her hair done, our client pushed her onto the couch, grabbed her hair, and pushed her head back while telling her that he would kill her. It was alleged that, at some point, our client got off his wife, went into the kitchen, and came back with the knife. He allegedly held the knife to the side of her throat, pulling her head back with the other hand, and pressed it against her skin to the point that it began to feel sharp. While doing this, our client allegedly asked his wife if she was afraid to be killed by him and told her that he could kill her in an instant if he wanted. Our office was able to get the charges continued without a finding.
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Paralegal Acquitted of Charges of Rape of a Child After Jury Trial in Middlesex County
Middlesex County Superior Court Woburn: The prosecution alleged that the defendant began a dating relationship with the victim's mother in 2004 at which time the victim was about one year old. The relationship continued on and off for about seven years and a child was born to this relationship in 2009. In 2011 the victim's mother went out for the day to shop and dine with co-workers. The defendant remained behind with their biological daughter and the victim. The victim testified that during the day the defendant took her to an arcade and out to dinner at a restaurant. At various time during the day the victim claimed that the defendant digitally penetrated her and touched her genital area over her clothes as well. The defendant was charged with Rape of a Child by Force, Aggravated Rape of a Child, Indecent Assault and Battery on a Child Under the Age of Fourteen and additional miscellaneous charges. The defendant hired Attorney Neyman to represent him. Today, a jury returned verdicts of not guilty to the charges discussed above.
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Motion to suppress illegal search and seizure of car and occupants allowed
Worcester District Court: On June 2, 2011, police were patrolling a parking lot as a result of several reports of drug activity. While doing so, officers saw a truck pull into the lot and noticed that no one exited the truck for about 5 minutes. The officers then saw another car pull into the lot and park to the left of the truck. One officer recognized the car as belonging to our client, claimed by the officer to be a known drug dealer. The officer had observed our client in the past conducting brief transactions in parking lots consistent with the appearance of drug deals. An occupant of the truck entered the passenger's side of our client's car, and police approached the two. The officer saw our client holding a $100 bill and ordered him to put his hands on the wheel, after which he saw drugs in the passenger's lap and in the center console and control panel. After search of our client and the car, our client was charged with possession with intent to distribute cocaine, distribution of oxycodone and oxymorphone, possession of cocaine, a school zone violation, and conspiracy. Denise Dolan of our office moved to suppress on the grounds that the search and seizure was in violation of our client's constitutional rights. The motion was allowed and the drugs were suppressed.
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Charges of leaving the scene of property damage dismissed
Newton District Court: It was alleged that our client crashed into a car stopped at a red light, causing that car to crash into another car, and left the scene. The alleged victims described the car to police, and police found a license plate at the scene which was traced to our client. Our client allegedly admitted to police that she had fallen asleep at the wheel and left the scene. Today, our office was able to get charges of leaving the scene of property damage dismissed upon the payment of restitution.
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Charges of assault and battery on an elderly person dismissed
Newburyport District Court: It was alleged that our client, a California college student, hit his elderly mother in the face multiple times after an argument in a hotel. When police responded, they allegedly saw that our client's mother had a black eye. She reportedly told them that she and our client had been drinking heavily and got into an argument about which would get to use the better hotel room. She also allegedly said that our client has been physically abusing her on a regular basis for several years. Today, our office was able to get the charges dismissed.
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Charges of Sexual Conduct for a Fee, Unlicensed Massage Parlor Dismissed
Woburn District Court: On November 4, 2011 members of a local task force were investigating a prostitution ring within the city of Woburn. The officers had received information from a confidential informant that three women were working in a certain establishment was operating as a house of prostitution and advertising itself as a massage parlor. Various internet media outlets had advertised this establishment as an entity that provided sexual acts for money. Officers conducted surveillance of the area and observed a high volume of foot traffic into the establishment. Men would enter and leave within a half hour. Once the men exited they were contacted by the officers. They admitted to engaging in sexual acts with the women employees in the massage parlor. The officers ultimately gained entry to the massage parlor and caught several women in the act of prostitution. Our office represented one of these women. Today, Attorney Neyman was able to get all charges dismissed.
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Woman Charged With OUI, Second Offense Found Not Guilty by Jury
Lynn District Court: The prosecution contended that on January 3, 2011 our client, a career military woman was operating a motor vehicle while under the influence of alcohol. She had a previous conviction for the same offense. It was alleged that a state trooper observed the defendant traveling on Route 1 northbound, driving erratically and at an alarmingly slow rate of speed. The officer pulled her over and claimed that while doing so her car hit a curb. She smelled like alcohol and was unsteady on her feet. She failed several field sobriety tests. He further claimed that she was so intoxicated that when she got out of the car she left it in gear and it started to move forward on its own. Attorney Neyman tried the case to a jury. The woman was found not guilty on all counts.
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Charges of assault and battery on a pregnant woman and assault and battery with a dangerous weapon dropped
Waltham District Court: It was alleged that our client beat his daughter, who was 9 months pregnant, with a belt because he believed that she or his younger daughter had stolen money from him while he took a nap. Our client's pregnant daughter was transported to the hospital due to intense pressure in her abdomen. It was also alleged that during the same episode, our client kicked his 4-year-old son in the sternum area. Our office was successful in convincing the district attorney's office that there was not enough evidence to move forward with this case, and the charges were dropped today.
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Charges of larceny by concealment dismissed
Lynn District Court: It was alleged that our client, a Chelsea woman, concealed a $500 item in an attempt to steal it at the Square One Mall in Saugus. Relatives of our client were also charged. Our office was able to get the charges dismissed upon payment of minimal court costs.
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Motion to Suppress Wiretap Allowed
Middlesex Superior Court: The prosecution alleged that in September of 2010 a Massachusetts police task force received information from a cooperating source relative to a cocaine delivery from Texas to Chelsea, Massachusetts. The informant told police that the defendant would be coming from Texas with a shipment of three kilograms of cocaine and staying at a local motel. The informant with a digital recorder, and several telephone conversations between the informant and the defendant were recorded. All of the statements were inculpatory and confirmed the defendant's involvement in the cocaine trafficking operation. Attorney Neyman prevailed on a motion to suppress and the tape recorded conversations were excluded as evidence against the defendant.
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Case Charging Sex For a Fee Dismissed Against Local Real Estate Developer
Boston Municipal Court: The prosecution alleged that on February 2, 2012 members of the Boston Police Human Trafficking Division along with other law enforcement personnel were engaged in an online prostitution investigation. One of the officers was posing as a nineteen year old prostituted. She was contacted by our client online. An arrangement was made for the two to meet up and have "straight sex". A predetermined meeting place was selected where the undercover officers waited for the defendant's arrival. The defendant had given his own description to the undercover who conveyed the same to the apprehension team. Once the defendant was recognized a discussion took place during which he disclosed that he was the person looking for sex. An arrest was immediately made. Today, Attorney Neyman negotiated Pretrial Probation for the client. All charges are to be dismissed upon payment of court costs.
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Charges of malicious damage to a motor vehicle against Cape Cod pastor dismissed after clerk's hearing
Orleans District Court: Police sought a complaint against our client, a pastor at a Cape Cod church, alleging that he caused severe damage to both sides of a car, including denting the driver's door, trunk, and hood areas, smashing the front and rear windshields, and snapping off both side mirrors. When police confronted our client, he allegedly admitted to damaging the car with a three pound sledgehammer because the owner of the vehicle had slept with his wife and had gotten her pregnant. Today, Denise Dolan of our office represented the client at a clerk's hearing, and the application for the charges was dismissed.
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Attorney Neyman successfully defends client at Probation Surrender Hearing
Wrentham District Court: Our client is a local college student who was given a continuance without a finding several months ago for a drug charge involving an school zone violation. Among the terms were random drug testing and screens as well as a reporting requirement. The probation department served our client with a Probation Violation notice claiming that he had not complied with the conditions of probation and that he had moved out of state without permission, another violation. Today, Attorney Neyman successfully defended the client. No violation of probation was found.
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Charges of dissemination of obscene matter dismissed
Newburyport District Court: It was alleged that our client, an Arizona Sunday school teacher, had disseminated obscene matter by dancing nude at a Rowley nightclub which was not a licensed strip club. It was alleged that police and officers from the Alcoholic Beverages Control Commission witnessed the performances while conducting an undercover investigation. Today, Denise Dolan of our office was able to get the charges dismissed on court costs.
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Charges of Open and Gross Lewdness Against Somerville Businessman Dismissed Prior to Clerk's Hearing
East Boston District Court: According to a report generated by a Massachusetts State Police officer, on January 3, 2012 an international airlines pilot alerted authorities to a complaint from a female passenger. The woman claimed that she was the victim of an indecent exposure. Specifically, that the defendant, our client was masturbating in front of her during the flight. Our client was charged with Indecent Exposure and Open and Gross Lewdness. Flight information and an investigation led to information that the police had charged the wrong person with these crimes. All charges were dismissed prior to a Clerk's Hearing.
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Sentence of six months committed jail time revoked in crack distribution case
Quincy District Court: The defendant had pled guilty to distribution of Class B drugs last year. The case involved a sale of crack cocaine to an undercover detective. The defendant had a long criminal history of selling crack in Quincy and surrounding areas. After pleading guilty last year, the defendant was sentenced to 6 months in jail. The court allowed him to postpone serving that jail sentence for a year so that he could complete an internship. Today, he was scheduled to surrender himself and go into the house of correction for the six-month period. Denise Dolan of our office represented the defendant today and persuaded the judge to reconsider the previously-imposed sentence, based on the defendant's efforts at rehabilitation. After hearing, the court revoked the old sentence and imposed a new one. Our client will not have to serve any time in jail, provided that he stays on the right track for 2 years. The judge stated in court that she had never done anything like this before in her long career on the bench.
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Felony Charges of Larceny Over $250 Dismissed By Way of Pretrial Probation Against Local High School Student
Natick District Court: The prosecution alleged that on December 26, 2011 Natick, Massachusetts police officers were dispatched to a Nordstrom's department store for reported theft crimes. When the officers arrived they found our client, a local high school student and another being detained by loss prevention officers. Our client was found in possession of over two hundred fifty dollars worth of stolen merchandise, constituting a felony in Massachusetts. The crime was witnessed not only by store security but caught on tape as well. Attorney Neyman represented the defendant today. The defendant was given pretrial probation. The case will be dismissed in six months and our client will have no criminal record.
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Charges of marijuana distribution and possession with intent to be dismissed, school zone violations and Class B drug possession charges dismissed
West Roxbury District Court: It was alleged that our client came into contact with an undercover police officer through Craigslist and eventually sold marijuana to the officer during a transaction in our client's car. Shortly after, the car was searched, and additional marijuana and oxycodone pills were recovered from the trunk and console. The transaction allegedly occurred within 15 feet of a park. Our client had a criminal history of drug offenses dating back to 1999 and through 2006. Our office was able to get the school zone violations and the possession charges dismissed. The other counts were continued without a finding.
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Complaint for restitution against local school teacher, coach, dismissed after hearing
Lowell District Court: The prosecution brought a claim for restitution against a local man who teaches high school and coaches high school basketball. It was alleged that the man was operating under the influence when he lost control of his car and careened into a yard in a residential Tewksbury neighborhood. The victim claimed damages exceeding two thousand dollars. He provided documentation to support his claim. A restitution hearing was scheduled for today. Attorney Neyman was able to get the matter dismissed. The defendant is was not held personally responsible for the damage and was not ordered to pay the victim.
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Charges of possession of Class B drugs dismissed after clerk's hearing
Roxbury District Court: Police alleged that they saw what appeared to be a drug transaction while investigating local illegal drug activity. One male who engaged in the apparent transaction returned to a car operated by our client. Police ordered our client and the male passenger out of the vehicle and conducted a search, during which three oxycodone pills were allegedly found on our client. According to police, our client said that he gave the passenger $90 for the pills. The police applied for Class B drug possession charges. Today, the application was dismissed after a clerk's hearing.
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Motion to suppress statements allowed
Quincy District Court: The prosecution alleged that our client, charged possession with intent to distribute heroin in a school zone, made certain statements to police after being pulled over in his car. Today, our office was successful in convincing the court that the police violated our client's Miranda rights, and those statements were suppressed. The prosecution will not be able to use those alleged statements against our client.