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Case Results 2018
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Conditions of Pre-Trial Release Modified to Permit Contact With Alleged Victim in Domestic Assault and Battery Case
The defendant is charged with domestic assault and battery under G.L. c. 265 Section 13M. A condition of his release was a stay away and no contact order from complaining witness. The defendant and the complaining witness have a child together. Attorney Neyman was hired to represent the defendant. The first order of business was to go into court immediately and get the conditions of release modified. Today our office succeeded in getting that done. The defendant is now permitted contact with the alleged victim.
Read More in Bail Hearings
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Drug Conspiracy Charges Dismissed and Felony Distribution Charges Reduced to Possession and Continued Without a Finding
The defendant is a private investigator licensed in several states. In June of this year state police working in an undercover capacity were watching some parking lots off of Route 495 known for frequent incidents of drug distribution activity. Acting on a tip from a known reliable informant the offers observed our client waiting in a pickup truck consistently using his phone for texting and calls. After about twenty minutes the officers observed an infamous drug distributor park and enter our client's truck. The officers observed movements consistent with the transfer of objects. The manner of this activity along with defendant's texting and calling suggested that the parties were meeting up for a drug deal. Once the dealer left our client's car the distributor and our client left, driving in opposite directions. Officers followed each. They stopped the known dealer who was found in possession of a significant amount of drugs, Class B. He indicated that he purchased the drugs from our client. The defendant was then stopped and found in possession of a large quantity of cash along with a large quantity of class D and C drugs. He was charged with Possession With Intent to Distribute Class D and C in violation of G.L. c. 94C Sections 32C and 32B respectively. He was also charged with Conspiracy under G.L. c. 94C Section 40 and Distribution of Class D under G.L. c. 94C Section 32C. The defendant is a private investigator and any conviction or admission to a charge of more than simple possession would likely result in his license being suspended or revoked. He hired Attorney Neyman to defend him. Today, the conspiracy and possession with intent charges were dismissed. The distribution charge was reduced to simple possession and continued without a finding for sixty days. The case will be dismissed.
Read More in Drug Crimes
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Charges of Operating After License Suspension Do Not Issue After Clerk Magistrate Hearing
In October of 2018 the defendant was located in his vehicle in the breakdown lane of the Massachusetts Turnpike having just run out of gas. The state trooper who made contact with him asked for his license. The operator did have an out of state license however the trooper learned that his operating privileges had been revoked for life in Massachusetts. The defendant had a horrendous driving record and several OUI convictions. He hired Attorney Stephen Neyman to represent him at the clerk magistrate hearing charging violation of G.L. c. 90 Section 23. Today we were able to convince the clerk magistrate not to issue the complaint.
Read More in Motor Vehicle Crimes
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Arraignment for College Student Charged With Distribution of Marijuana and Possession With Intent to Distribute Marijuana Continued for Possible Pretrial Diversion
The defendant is a student at a prominent local university. In May of 2018 a student at that school was hospitalized after having a bad reaction from smoking marijuana. The marijuana was purchased from the defendant. Police officers at that university began an investigation into the activities of the defendant. Through surveillance, informants and visitor logs to his dorm the police quickly learned that the defendant had been selling marijuana to other students at the school. The officers decided to approach the defendant and question him about these activities. He immediately admitted to selling marijuana and produced scales and packages of marijuana in his possession. The matter was referred for prosecution under G.L. c. 94C Section 32C and G.L. c. 94C Section 32D, possession with intent and distribution. Today, the day of arraignment Attorney Neyman was able to continue the arraignment to pursue pretrial diversion under G.L. c. 276A.
Read More in Drug Crimes
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Criminal Application for Larceny Over $1,200 Against College Student Dismissed After Clerk Magistrate Hearing
The defendant lives in a suburb of Boston. She worked the cash register at a local sporting goods store. Loss prevention learned that she had been discounting items sold to her friends. They monitored her activities, all of which were captured on videotape. They observed several thefts totaling over $1,200 making the crime a felony in Massachusetts. The young woman was charged with Larceny Over G.L. c. 266 Section 30 and Conspiracy G.L. c. 274 Section 7. A clerk magistrate hearing was scheduled. Today, after the hearing Attorney Neyman convinced the clerk magistrate to dismiss all charges. The complaint did not issue.
Read More in Theft Crimes
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One Felony and Two Misdemeanor Sex Crimes to be Dismissed Against Investment Banker
The defendant is an investment banker and a youth hockey coach. The victim is a mother whose son plays for the coach. The team traveled from Canada to Massachusetts to play in a hockey tournament. They stayed in a hotel not far from the rink. One night, after a game, the players, coaches and parents had a barbeque in the courtyard of the hotel. The defendant and the victim had been drinking. She went up to the hotel room she was sharing with her son. The defendant obtained a key to her room. He entered the room with the key. She was in the shower in the bathroom. The defendant entered the bathroom, removed his clothes and attempted to get in the shower with her. She screamed and left the room. The victim later complained to the police and a complaint charging Indecent Exposure G.L. c. 272 Section 53, Assault G.L. c. 265 Section 13A and Breaking and Entering in the Nighttime With the Intent to Commit Rape G.L. c. 266 Section 16A issued. Attorney Neyman was able to get all charges continued without a finding (CWOF). Had a guilty finding issued the defendant would have been required to register as a sex offender. Instead, after the completion of probation all charges will be dismissed.
Read More in Sex Crimes
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Rule 17 Motion Allowed on Rape Case Compelling Production of Video Footage Casting Doubt on Rape Allegations
The defendant is charged with rape under G.L. c. 265 section 22. The alleged victim claimed that after a company outing our client raped her in her car in a parking lot adjacent to a restaurant. Our client denied the allegations and provided our office with information that contradicted the complainant's statements. Our investigator quickly learned that the location of the alleged act was in the scopes of security cameras. Our office advanced the case and got a court order compelling the establishment to produce the video footage. The recording supports our client's statements and suggests that the complaining witness was not truthful.
Read More in Sex Crimes
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Arraignment on Felony Vandalism Charges Continued Pending Possible Accord and Satisfaction
The defendant is a successful businessman living in the western part of the state. Several months ago he was involved in an incident involving a neighbor and the building management company that controls his former home. It is alleged that in a fit of rage the defendant vandalized the building at a value exceeding $12,000.00. It was further alleged that he vandalized two motor vehicles belonging to someone else living on the premises. The defendant was charged with 2 counts of vandalism under G.L. c. 266 Section 126A. This is a felony in Massachusetts. The victims have agreed to and signed an accord and satisfaction, which might motivate the prosecutor to reduce the charges to misdemeanors and permit a resolution prior to arraignment.
Read More in Vandalism
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Pretrial Probation for Car Dealership Owner Charged With Assault and Battery and Disorderly Person
The defendant owns a large car dealership on southeastern Massachusetts. On August 18, 2018 he was attending a concert. He was highly intoxicated. Security personnel witnessed him strike an unsuspecting individual knocking him to the ground. The victim sustained some moderate injuries. Police were called and attempted to detain the subject. He resisted and was forcibly placed on the ground and handcuffed. He was arrested and charged with Assault and Battery G.L. c. 265 Section 13A and Disorderly Person G.L. c. 272 Section 53. He hired Attorney Stephen Neyman to represent him. Today, pretrial probation was imposed. The case will be dismissed in a few months.
Read more in Disorderly Person
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Defendant Not Arraigned on Improper Storage of a Firearm Charges
The defendant was charged with improper storage of a firearm and possession of a firearm under G.L. c. 140 Section 131L and G.L. c. 269 Section 10(a) respectively. This past summer the defendant was in Boston for business. He had a firearm secured in the trunk of his car. He was properly licensed in the state where he resides. After his business meeting the defendant went to look for his car and realized it had been stolen. He reported the theft and warned the police that he had a firearm in the vehicle. The vehicle was located 10 days later and the gun was found in the car in a pocket behind the front passenger seat. The defendant was charged with the above mentioned crimes and he hired Attorney Stephen Neyman. Today was the scheduled arraignment date. The judge agreed not to arraign on the improper storage matter. Our office is moving to have the remaining charges dismissed.
Read More in Improper Storage of a Firearm
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Rule 17A Motion Allowed and Prosecution Ordered to Ensure that Security Footage of Alleged Rape be Preserved and Produced
The defendant is charged with rape under G.L. c. 265 Section 22. The case is pending in the district court, waiting to be indicted and prosecuted in the superior court. Our client made clear that there was no rape. He identified the location where the alleged act occurred with specificity. That area mirrored the location where the complaining witness stated that the act occurred. Our investigators located video surveillance/security cameras at that location and determined they were managed by an establishment where the defendant and victim had drinks prior to the alleged act. We quickly moved the court to order the prosecution to preserve the video footage and for the establishment to produce the recording under Rule 17A. We expect this video to establish our client's innocence.
Read More in Sex Crimes
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Conditions of Release Modified to Permit Client on Home Detention Permission to Attend School and Work
Our client has been charged with aggravated rape, G.L. c. 265 Section 22 and possession of a firearm, G.L. c. 269 Section 10(a) in the Superior Court. Several months ago we succeeded in getting him release notwithstanding the prosecution's attempts for detention under G.L. c. 276 Section 58A. Our investigation disclosed several flaws in the prosecution's case that clearly question the integrity of the complaining witness' report to the police and grand jury testimony. Armed with this information we moved the court to modify the conditions of release to permit our client to attend school and work.
Read More in Gun Cases
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Domestic Assault and Battery Charges Against Store Manager Dismissed
The defendant is the manager of a large supermarket chain located throughout the Northeast. The victim is his wife of over twenty years. Recently the couple has been involved in several altercations with the police needing to respond. On this occasion the wife called 911. The call was chilling. The police arrived, ultimately located the defendant and arrested him, charging domestic assault and battery under G.L. c. 265 Section 13M and intimidation of a witness under G.L. c. 268 Section 13B. The prosecution moved that our client be held without bail under G.L. c. 276 Section 58A. Their request was allowed and the family hired our office. We were able to successfully appeal the 58A detention order and secure our client's release from custody. We moved for a quick trial date and on that date succeeded in getting the case dismissed.
Read More in Bail Hearings
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Arraignment Continued and Pretrial Diversion Recommended for Non-Citizen Accused of Assault By Means of a Dangerous Weapon
The defendant is a non-citizen working on her Master's degree at a local university. Several weeks ago she and a roommate had been arguing incessantly about aspects of their living situation. In reality, the "victim" wanted our client to vacate their apartment and continue to pay her share of the rent. Once it was understood that this would not happen the roommate accused our client of throwing a computer modem at her. Our client was charged with assault by means of a dangerous weapon in violation of G.L. c. 265 Section 15B, a felony in Massachusetts. Attorney Neyman convinced the prosecutor to continue the arraignment and to recommend pretrial diversion under G.L. c. 276A. If the defendant is accepted into the diversion program the case will be dismissed prior to arraignment.
Read More in Assault With a Dangerous Weapon
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Probation Violation Allegation Dismissed After Hearing
The defendant received a continuance without a finding on a domestic assault and battery case nearly a year and a half ago. The alleged victim was his wife. This past summer, just one week before the termination date the defendant was accused of violently assaulting the same woman in another state where the two reside. The new case resulted in a violation notice being sent to our client along with a probation warrant. This past summer Attorney Neyman was able to get the probation warrant withdrawn and the defendant was permitted to return to Massachusetts to address the probation violation matter. The final probation violation hearing was scheduled for today. The probation department and the district attorney's office wanted the defendant to go to jail or at a minimum be placed on more stringent probationary conditions. Attorney Neyman was able to convince the judge to dismiss the probation allegation. Probation in now terminated as well.
Read More in Domestic Assault and Battery
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Man Released Following 58A Dangerousness Hearing Alleging Rape
The defendant has been charged with rape. The case is currently pending in the district court waiting for indictment and prosecution in the superior court. Last week, the prosecution moved for detention on dangerousness grounds pursuant to G.L. c. 276 Section 58A. Their request was granted. The defendant's family contacted and retained Attorney Stephen Neyman to represent the man. Today, we went into court and secured the release of our client.
Read More in Rape
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Charges of Lewd Wanton and Lascivious Behavior Withdrawn at Clerk Magistrate Hearing
The defendant is a professional living just outside of Portland, Maine. In early September of 2018 he came to Massachusetts to attend the Pearl Jam concert. He got a flat tire on a highway and pulled off the highway to check the status of the flat. While doing so the man began to urinate in a residential driveway. The homeowner saw our client's genitalia and the act. She complained that her young children had seen this activity. She called the police. The defendant left and drove on the flat tire to a nearby tire store. The police located him there and questioned him. He admitted to having committed this crime and a summons for a clerk magistrate hearing for violating G.L. c. 272 Section 53, lewd, wanton and lascivious behavior issued. Attorney Neyman was hired. Today, at the clerk magistrate hearing, we were able to get the charges withdrawn.
Read More in Sex Crimes
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Pretrial Probation For Man Charged With Resisting Arrest and Assault and Battery on a Police Officer
On August 18, 2018 a police officer was on detail patrol at a professional sporting event. He received a complaint of an assault in a men's room and also a report that there were several females in the men's room. The officer made contact with one of the females and asked her to leave the bathroom. In doing so he grabbed her arm. Seeing this, the girl's boyfriend shoved the officer against a wall. The defendant fled. The officer caught up to him, subdued him and placed him under arrest. The defendant was charged with resisting arrest, G.L. c. 268 Section 32B and assault and battery on a police officer, G.L. c. 265 Section 13D. Our office was hired. Today, we were able to get the defendant pretrial probation under G.L. c. 276 Section 87. After six months the case will be dismissed.
Read More in Violent Crimes
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Pretrial Probation For Woman Charged With Keeping a House of Prostitution
Nearly one year ago police detectives in a Bristol County town were investigating complaints of suspected prostitution. The investigation focused on a massage parlor that had been listing concerning advertisements on backpage.com. Officers had the establishment under surveillance. They watched as men entered the premises and left within one half hour. The police monitored the traffic into the business. They decided to follow the patrons after leaving the building. When the customers were a sufficient distance away the police stopped them and learned that they had in fact been getting sexual favors in exchange for money. The "johns" provided significant detail into the workings of the operation and were able to identify one woman in particular as the person running the business. The police followed up with a search warrant. During the execution of the search warrant officers observed men, naked and in positions suggesting recent sexual conduct. The search further revealed a significant amount of prostitution paraphernalia, client lists and a menu of prostitutes and the sexual acts each would be willing to perform for money. The target of the investigation was arrested during the search and charged with G.L. c. 272 Section 24. Attorney Neyman was hired. Today, he was able to negotiate pretrial probation under G.L. c. 276 Section 87. This is significant in that the defendant is a non-citizen and a continuance without a finding (CWOF) or any admission would likely result in deportation. The woman will have no criminal record.
Read More in Sex Crimes
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Restraining Order Does Not Issue
The defendant and the victim dated and have a child together. They are involved in a nasty, contentious child custody and visitation dispute. In an effort to secure an advantage in that forum the victim fabricated a story of abuse about our client and applied for a G.L. c. 209A restraining order. A hearing was scheduled for today. We had obtained numerous police reports initiated by the victim in other courts that we were able to show were total prevarications. We explained to the judge in this court that all of these false accusations were designed to manipulate the collateral proceedings. The judge accepted our argument and did not issue the restraining order.
Read More in Domestic Assault and Battery
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OUI Charges to be Dismissed
The defendant is a high end restaurant owner in the greater Boston area. On September 1, 2018 after closing down her restaurant the defendant has some drinks. As she was driving home she was observed by a civilian driving erratically, swerving and nearly hitting oncoming cars. The civilian called 911 and identified herself after making the complaint. Officers responded to the call and located the car our client was driving. The car was stopped. Officers smelled a strong odor of alcohol coming from the driver. Field sobriety tests were administered. Specifically, the nine step walk and turn test and the one legged stand test. Our client failed both tests. She admitted to drinking several glasses of wine and some beer. She was placed under arrest and transported to the police station. There, she took a breathalyzer test. She blew a .13, well over the legal limit. The woman was charged with OUI in violation of G.L. c. 90 Section 24. Today, the case was resolved with a continuance without a finding (CWOF) and a 24D disposition. A Cinderella license will be issued and full privileges will be restored in forty five days. If the defendant completes all probationary terms the case will be dismissed.
Read More in Motor Vehicle Crimes
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Pre-Arraignment Diversion for Man Charged With Vandalism and Defacing Property
On June 12, 2018 a young man and some friends were drinking on a beach outside of Boston. They became rowdy and drew the attention of some police officers on foot patrol at the beach. Once officers realized that the group was under aged and had been drinking all were arrested and placed in protective custody. Their parents were called to pick them up. One of the individuals became loud and verbally abusive to the police officers. This continued until the man's mother arrived at the station to pick him up. When the officers went to release him from the cell they observed that he had jammed the cell toilet with paper resulting in a clogging of the drainage system. The man was charged with violating G.L. c. 266 Section 126 vandalism. Attorney Neyman was hired to defend him. A summons for arraignment was continued until today. Attorney Neyman was able to get the man pre-arraignment diversion under G.L. c. 276A. He was not arraigned and will not have a pcf number or any entries in the criminal system.
Read More in Vandalism
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Conditions of Release Modified to Eliminate Random Urine Screens
The defendant is facing serious indecent assault and battery charges in violation of G.L. c. 265 Section 13H. The case is over one year old. Attorney Neyman was retained just last week. One of the conditions of release was that the defendant submit to random urine and drug screens. This requirement was interfering with the defendant's employment and he was at risk for losing his job. Our office advanced the case and moved the judge to modify the conditions of release to eliminate the random urine screen requirements. The district attorney opposed our motion. The judge allowed our request and the defendant no longer has to submit to the random screens.
Read More in Sex Crimes
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Pretrial Probation for Non-Citizen College Professor Charged With Domestic Assault and Battery and Intimidation of a Witness
The defendant is a professor of physics at a prestigious university just outside of Boston. He has Masters Degrees from top 10 universities and a doctorate from the number one school in his field. He is a permanent resident, not a citizen. On September 14, 2018 police were dispatched to the defendant's address following a 911 call from his wife. The officers arrived, separated the parties and inquired about the incident. The wife stated that the two had an argument over an appliance that had been broken. The argument became heated. The wife felt threatened and grabbed her phone and called the police. The husband responded by taking the phone from the wife and breaking it. He then struck her in the chest. Police officers did in fact see the bruises on her chest area. The husband's statement was similar to the wife's however he minimized the extent of the battery. The man was arrested and charged with domestic assault and battery, G.L. c. 265 Section 13M and intimidation of a witness, G.L. c. 268 Section 13B. Any form of conviction or even a continuance without a finding (CWOF) would likely result in deportation, loss of employment and certain denial of citizenship. Attorney Neyman was able to get the prosecution to agree to pretrial probation under G.L. c. 276 Section 87. All charges will be dismissed in nine months. There will be no employment or immigration consequences.
Read More in Pretrial Probation
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Motion to Suppress Search and Seizure Allowed and Gun Charges Dismissed
Just about one year ago police officers in a Boston, Massachusetts suburb were dispatched for a well being check at a residence. A person familiar with the occupants called 911 after one of them had made self-harm threats. The caller also alerted the police to the fact that the other occupant possessed firearms. Dispatch quickly learned that no one at that residence had a license to carry nor did anyone possess and FID card. The responding officers conducted a safety search and located a firearm. The defendant was arrested and charged with possessing a large capacity firearm, G.L. c. 269 Section 10(m), possessing a firearm without and FID card, G.L. c. 269 Section 10(h), possession of ammunition, G.L. c. 269 Section 10(h)(1) and improper storage of a firearm, G.L. c. 140 Section 131L. Associated with one of these charges is a mandatory one year jail sentence. Our office filed a motion to suppress challenging the lawfulness of the search. We argued that the search exceeded its permissible scope and was pretextual. The judge allowed the motion. The prosecution was unable to proceed with the case and all charges were dismissed.
Read More in Search and Seizure
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Charges of Furnishing Alcohol to Minors Filed Against Medical Professional Do Not Issue After Clerk Magistrate Hearing
The defendant is well known in the medical field working at a prestigious Boston Hospital. In late June of this year the defendant hosted a high school graduation party for one of her children. After a neighbor complained of excessive the police made an appearance to settle things down. When they arrived they observed people in the yard carrying open beer cans. Officers believed that many of the people at the party were under the age of 21 and they were able to confirm the names and ages of some. They contacted the homeowner and gave a warning about the situation and advising that no one who had been drinking leave the home. About one and one half hours later the police stopped an Uber driving for speeding and observed an underaged person in the car obviously intoxicated. The officers learned that this person had just come from that home. They returned to the defendant's home and advised that charges under G.L. c. 138 Section 34 would issue. In fact, the homeowner was charged with furnishing alcohol to minors. Attorney Neyman was hired to represent the defendant at the hearing. No charges will issued.
Read More in Clerk Magistrate Hearings
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Conditions of Release Under G.L. c. 276 Section 58A Modified
Several months ago our office was retained to represent a man charged with indecent assault and battery on a person 14 or older under G.L. c. 265 Section 13H. The man had already been arraigned and found dangerous under the dangerousness statute, G.L. c. 276 Section 58A. One of the conditions of his release was to stay and not to contact the victim's mother who was also the mother of the defendant's toddler. The mother contacted the district attorney's office on several occasions asking that the no contact condition be vacated. The district attorney's office ignored the request multiple times. Once we learned of this fact we went into court with a motion to vacate the no contact order and have conditions of 58A modified. The judge heard our request and allowed the motion.
Read More in Sex Crimes
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Charges of Assault and Battery to be Dismissed
The defendant is a college student with respectable grades attending a local university. On March 22, 2018 he was attending a party at the school and drinking some beer. He and several friends decided to leave the party and head towards their dorm room. While walking across campus they encountered another group. For reasons unexplained in the police report the groups exchanged words. One of the members of the defendant's group became engaged in a fist fight. The groups did not know one another. Subsequently, members of both groups engage on another in a fight. Most of the incident was caught on security videotape. One of the victims lost his teeth in the fight. Our client was one of several charged with assault and battery under G.L. c. 265 Section 13A. Attorney Neyman was retained to defend the man. Today, the matter was continued without a finding. If the defendant stays out of trouble the matter will be dismissed and he will have no criminal record.
Read More in Violent Crimes
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Gun Charges Sealed
The defendant was charged with possessing large capacity weapons and ammunition. After months of litigation Attorney Neyman was able to get the charges dismissed. The defendant however is an engineer working on sophisticated projects throughout the country. He is constantly subjected to criminal background checks and was worried that notwithstanding the dismissal the case would appear on out of state checks. He retained Attorney Stephen Neyman to seal the dismissal under G.L. c. 276 Section 100. Today, the judge allowed the petition and the case has been sealed.
Read More in Gun Charges
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Shoplifting Charges Do Not Issue After Clerk Magistrate Hearing
Several weeks ago a woman was shopping in a local supermarket. She went to the self checkout kiosk, paid for some of the groceries and did not pay for many others. She bagged all items and casually left the store. Unbeknownst to her store security was monitoring her actions. They observed that theft and stopped her outside the store. The found all items and her receipt. The value of the merchandise did not match with the receipt. Security cameras corroborated the theft. Local police were called and a summons for shoplifting under G.L. c. 266 Section 30A issued. The woman is not a citizen and any adverse result could lead to deportation. Today, our office defended the woman at a clerk magistrate hearing. No charges issued.
Read More Theft Crimes
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Personal Recognizance For Man Charged With Domestic Assault and Battery and Intimidation of a Witness
Over the weekend, Lexington, Massachusetts police were called for a domestic assault. They were called by the victim, the defendant's wife. The victim reported that following an argument she was struck by the defendant. She had bruising consistent with her complaints. She further stated that the defendant had kicked her in the thigh and in the side of the head. While the victim called 911 the defendant took the phone from her. The defendant was arrested and charged with assault and battery on a family household member (domestic) under G.L. c. 265 Section 13M and intimidation of a witness in violation of G.L. c. 268 Section 13B. Attorney Neyman was hired and was able to maintain personal recognizance. The no contact and stay away orders issued by the arresting officers were vacated by the judge as well.
Read More in Bail Hearings
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Felony Gun Charges Dismissed
The defendant lives in New Hampshire and is licensed to carry a firearm. He does not however have a license to carry in Massachusetts. About 7 months ago he was visiting a friend in Massachusetts. He had his handgun under the passenger seat, secured as he normally did in New Hampshire. The defendant was pulled over for failing to stop at a stop sign. He was stopped by the police who asked if he had any weapons in the car. The defendant admitted that he did have a gun. The officer learned that he was not licensed in Massachusetts and an arrest was made. The defendant was charged with violating G.L. c. 269 Section 10(a). This is a felony in Massachusetts that carries a mandatory eighteen month jail sentence. Attorney Neyman was hired to represent the defendant. We were able to get the felony dismissed to a misdemeanor under G.L. c. 269 Section 10(h) and there will be no jail time.
Read More in Gun Possession
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Charges of OUI to be Dismissed
Over the weekend a young woman was involved in an accident at a construction site. She had been drinking at a local bar. Her car struck a construction vehicle. The police officer doing the construction detail responded and observed that the woman had urinated herself. She was having trouble speaking and could not locate her wallet to produce her driver's license. Field sobriety tests were administered. She failed and was arrested. At the police station the woman took a breathalyzer test. She blew a .16, twice the legal limit and was charged with OUI, G.L. c. 90 Section 24. Our office was hired. We were able to get the case continued without a finding. After the defendant completes the required probation the case will be dismissed. She will have no criminal record.
Read More in Continuance Without a Finding
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Criminal Complaint Against College Student Charging Assault and Battery Does Not Issue After Clerk Magistrate Hearing
In April of this year campus police at a prestigious local university were called to a dormitory for a report of a fight. Upon arrival the officers soon learned that two roommates became involved in an altercation after one of them refused to turn off the lights in the room. The fight became violent and neighboring dorm residents called the police. After an investigation the defendant was charged with assault and battery under G.L. c. 265 Section 13A. A clerk magistrate hearing was scheduled. Today, our office succeeded in convincing the clerk magistrate not to issue the criminal complaint.
Read More in Clerk Magistrate Hearings
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Felony Charges of Larceny by Single Scheme and Larceny From a Person Over 60 Dismissed on Day of Trial
This case involves a scam on elderly people. The defendants were charged in four counties for similar crimes. Our office defended them in each other case with results of a dismissal or an acquittal. This case was similar to those. In March of 2017 an elderly person received a call from someone purporting to be their grandchild. The caller stated "Grammy, I got a DUI and need $2,000 to be released from jail". The victim (grandmother) complied with the request and wired the requested funds and more believing this money to go to bail and legal fees. It was no long before the victim realized that she had been scammed. The police were called and it soon became apparent that the defendant and other family members had scammed this person as they several others using the same methods of deceit. Charges issued under G.L. c. 266 Section 30(1) and G.L. c. 266 Section 30(5). The defendants are not citizens and therefore a dismissal or acquittal was necessary. Attorney Neyman was able to get these charges dismissed on the day of trial. He successfully defendant all cases in all counties.
Read More in Theft Crimes
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Felony Malicious Destruction of Property Complaint Does Not Issue After Clerk Magistrate Hearing
On May 25, 2018 police were called for a report of an intoxicated male damaging cars in an apartment building parking lot. Witnesses said the suspect had pulled a bicycle rack off of a car and kick the side of the car causing damage. The officers located the defendant's wallet at the scene. The next day officers went back to the apartment complex to watch some security video footage. They were able to see the defendant commit the act mentioned above. In addition, the security footage showed the defendant damaging washers and dryers in the laundry room of the building. The defendant was arrested and charged with malicious destruction to property over $1,200, a felony in Massachusetts. This is a violation of G.L. c. 266 Section 127. A clerk magistrate hearing was scheduled for today. Attorney Neyman was able to convince the police department and clerk magistrate not to issue a complaint.
Read More in Clerk Magistrate Hearings
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Charges of Felony Larceny by Single Scheme to be Dismissed After Pretrial Probation
In April of 2016 an individual went to the Somerville, Massachusetts police station complaining that he had engaged a local contractor, paid him over $10,000 and that no work was ever done. Another victim complained that the same contractor had stolen money from him using the same tactics. It was later determined that the contractor was not properly licensed. Text messages verified the complaints and the officers filed criminal charges against the contractor. Specifically, a count of larceny by scheme in violation of G.L. c. 266 Section 30 was filed. The defendant hired our office to represent him. Today, the prosecution agreed to pretrial probation pursuant to G.L. c. 276 Section 87. All charges will be dismissed shortly.
Read More in Theft Crimes
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Charges of Annoying and Accosting and Breaking and Entering to be Dismissed
The defendant was a college senior. On February 2, 2018 he entered the dorm room of a female student in the middle of the night. He did not have permission to enter the suite. The defendant then went into the victim's bed, woke her up and pulled her blankets off to see what she was wearing. She screamed at him to leave. He complied. The victim's roommates and other students on the floor heard her screams. The campus police investigated the matter. They interrogated the defendant and he admitted to having committed these crimes. He was charged with annoying and accosting a person of the opposite sex, G.L. c. 272 Section 53 and breaking and entering, G.L. c. 266 Section 18. He hired Attorney Neyman to represent him. Today, all charges were continued without a finding. Once probation is completed the case will be dismissed and the defendant will have no criminal record.
Read More in Continuance Without a Finding
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Restraining Order Does Not Issue After Victim Again Claims Being Sexually Assaulted
Just recently our office successfully defended a restraining order request where the victim claimed that she had been raped by the defendant. She again petitioned the court for a restraining order under G.L. c. 209A arguing some additional facts. Again, our office was able to convince the judge to deny the petition.
Read More in Sex Crimes
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Pretrial Probation for Non-Citizen Graduate Student Charged With Annoying and Molesting Phone Calls
The defendant is a non-citizen working towards a doctorate degree at a local well respected university. In September of 2017 she and her landlord became entangled in a dispute involving destruction to the property and rent issues. The matter escalated and the defendant began calling the victim incessantly, using profanity and making threats. The victim called the police. A subpoena was issued enabling the authorities to obtain cell phone information. Those documents corroborated the victim's belief that our client was the person making the calls. The police ultimately made contact with our client and obtained her confession. She was charged with violating G.L. c. 269 Section 14A, a misdemeanor that does provide a possible jail sentence. Attorney Neyman was hired. Today, he secured pretrial probation under G.L. c. 276 Section 87 for the woman. All charges will be dismissed in a few months. More importantly, there will be no impact on her immigration status.
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Felony Charges of Carrying a Dangerous Weapon Dismissed
The defendant is a landscaper who carries a knife for work. On March 10, 2018 the defendant was in a park in Boston known for high criminal activity. Boston Police officers were monitoring the park looking for suspicious activity. The observed the defendant with a bulge in his pocket consistent with possessing a weapon. The officer approached the defendant and conducted a pat frisk. They located the knife and charged him with violating G.L. c. 269 Section 10(b), a felony in Massachusetts. The defendant hired Attorney Stephen Neyman to represent him. A motion to convert the case to a civil infraction was filed by our office. Today that motion pursuant to G.L. c. 277 Section 70C was argued and allowed. The criminal case was dismissed.
Read More in Civil Conversion
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Charges of Indecent Assault and Battery Against Accountant Nolle Prossed
The defendant is an accountant working at a well known international accounting firm. Several weeks ago he was at a nightclub with some friends. A women in the club approached the bouncers and complained that while waiting in a line for the bathroom a man reached up her skirt and touched her genitalia with his fingers. She quickly identified our client as the culprit. The bouncer removed the man from the bar and detained him until Boston Police came to the venue. When they arrived the victim again identified our client. He was charged with indecent assault and battery in violation of G.L. c. 265 Section 13H. He hired Attorney Stephen Neyman immediately. At the arraignment Attorney Neyman presented the judge with a Rule 17 subpoena request, seeking videotape evidence from the nightclub. The judge allowed the motion. The nightclub produced the security videotape. This clearly showed that our client did not commit this case. The evidence prompted the prosecution to file a nolle prosse today. All charges are now dismissed.
Read More in Sex Crimes
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Domestic Assault and Battery Charges Against Scituate Man Dismissed
On March 12, 2018 Scituate, Massachusetts police detectives were dispatched to the station after a woman reported being assaulted by her husband. The woman told the detectives that earlier in the day she confronted her husband and told him of her intention to divorce him. The husband (defendant) became enraged, grabbed her by the neck and wrestled her to the ground. She was sobbing and emotional when discussing the incident with the police. The defendant was charged with domestic assault and battery, G.L. c. 265 Section 13M. Today, Attorney Neyman was able to get the case dismissed.
Read More in Strangulation
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Charges of Domestic Assault and Battery and Assault and Battery by Means of a Dangerous Weapon Against Construction Executive Dismissed
On March 17, 2018, after receiving a chilling 911 call, Lynn, Massachusetts police officers drove to a luxury apartment complex. There they were met by the victim and girlfriend of the defendant. The woman claimed that her boyfriend had attacked her with a knife and that he had kicked her in the rib cage. The officers located the man but not the knife. He was arrested and charged with assault and battery on a family or household member, G.L. c. 265 Section 13M and assault and battery by means of a dangerous weapon, G.L. c. 265 Section 15A. Attorney Neyman was hired to represent the man. Today, all charges were dismissed.
Read More in Assault and Battery by Means of a Dangerous Weapon
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209A Restraining Order Against Man Accused of Raping Woman Does Not Issue
The defendant was accused of raping a woman with whom he had a relationship. No rape charges were brought against the man however the woman then filed a 209A abuse protection order application. A hearing was scheduled for today. Our office represented the man. The requested order did not issue.
Read More in Sex Crimes
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Charges of Possession With Intent to Distribute Drugs and Conspiracy Dismissed
On June 24, 2018 Attorney Neyman argued a motion to suppress an unlawful search and seizure involving an exit order. The judge allowed the motion and all drug evidence was suppressed. The man had been charged with possession with intent to distribute a class C drug, G.L. c. 94C Section 32B and conspiracy to violate the controlled substance laws, G.L. c. 94C Section 40. Once the motion was allowed the prosecution could not use the drug evidence that had been seized. Consequently, today our office was able to get all charges dismissed.
Read More in Drug Crimes
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Harassment Prevention Order Vacated After Hearing
The complainant and the defendant are neighbors. Several months ago the complainant went into court and obtained a 258E harassment prevention order. The defendants were not represented by counsel at that time. The judge issued the order which effectively prevented the defendants from using their home and yard. Feeling confined and trapped the defendants ultimately hired our office. We obtained a copy of the harassment prevention order hearing transcript and scheduled a hearing on our motion to vacate the order. Today, our office succeeded in getting the order vacated.
Read More in Restraining Orders
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Conditions of Probation Modified to Permit Defendant to Travel Without Notifying Probation Officer
A few weeks ago our client received a continuance without a finding for leaving the scene of an accident with property damage, G.L. c. 90 Section 24 and assault and battery, G.L. c. 265 Section 13A. That result typically restricts travel and requires the defendant to remain in state until the probationary period expires unless they have permission for the probation department and a judge. Our office went into court and got a judge to modify this condition to permit our client to travel freely without having to report to the probation department.
Read More in Assault and Battery
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Probation Warrant Resulting in Incarceration Withdrawn and Man Released From Jail
Just a few weeks ago one of our former clients was arrested and charged with a crime in another state. He was nearing the end of his probationary period in Massachusetts where he had received a continuance without a finding (cwof) on a domestic assault and battery case, G.L. c. 265 Section 13M. The Boston Municipal Court probation office learned of the matter and a probation warrant issued in that state for our client. That warrant resulted in our client being incarcerated. Attorney Neyman was hired to get the probation warrant withdrawn so that the man could be released from the jail in that other state. Today, we succeeded in getting that warrant vacated.
Read More in Domestic Assault and Battery
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Domestic Assault and Battery Case Against Shipping Company CEO to be Dismissed and Felony Malicious Destruction of Property Over Dismissed
On January 20, 2018 Boston, Massachusetts police responded to a call for a report of a domestic assault. The responding officers found the victim in the street, crying and barefoot. She told them she and her boyfriend, the defendant, had an argument as he suspected her to be cheating on him. To confirm his suspicions he grabbed her phone from her. As he did this he struck her several times. He then destroyed the phone. The defendant is the CEO of a major shipping company. He was charged with domestic assault and battery, G.L. c. 265 Section 13M and felony malicious destruction to property, over, G.L. c. 266 Section 127. Attorney Neyman defendant the man. Today, the domestic assault and battery was continued without a finding and the felony malicious destruction to property was dismissed.
Read More in G.L. c. 266 Section 127
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Illegal Possession of a Rifle, Handgun and Ammunition Dismissed
A hotel employee discover a rifle and ammunition in a room after the guest checked out. The defendant was the last person registered to the room. Among the charges levied against the defendant was illegal possession of a rifle and illegal possession of a firearm. One of the charges, G.L. c. 269 Section 10(a) carries a mandatory eighteen month jail sentence. Our office went immediately to work and filed a motion to dismiss based on the grounds that due to the fact he had not been living in Massachusetts for sixty days, he was entitled to an exemption to the licensing requirement. After reviewing the documents, motion and memorandum produced by our office, the Prosecutor agree with our position and these two counts were dismissed.
Read More in Violent Crimes
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Motion to Suppress Stop Search and Seizure of Drugs Allowed
On February 7, 2018 a Sturbridge Police Sergeant stopped a vehicle being driven by our client for a marked lanes violation and an expired inspection sticker. The officer observed our client and his passenger make furtive movements prior to the stop suggesting to him that the occupants were either retrieving or concealing weapons or illicit substances. The driver and passenger were ordered to exit the car. They were searched. The car was searched. The passenger's pocketbook was searched. The trunk was searched. The officer found a knife and drugs in the pocketbook and trunk of the car. Both individuals were charged with possession with intent to distribute a class C drug, G.L. c. 94C Section 32B and conspiracy to violate the Massachusetts drug laws, G.L. c. 94C Section 40, both felonies. Attorney Neyman filed a motion to suppress challenging the legality of the stop, search and seizure. The grounds for the motion were the illegality of the exit order, the unlawful pat frisk of the defendants and the unlawful search of the vehicle and its contents including the pocketbook. Today, the judge allowed the motion. The evidence cannot be used against the defendants.
Read More in Search and Seizure
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North Andover Man Avoids Conviction For Assault and Battery and Leaving the Scene of An Accident
Following a stressful day related to his wife's medical issues, the defendant was contacted by local police relative to an alleged altercation in the hospital parking lot. A civilian stated that the defendant struck her car and attempted to take her cell phone from her before exiting the hospital parking lot. The defendant was charged with assault and battery and leaving the scene of an accident after causing property damage. Our office vehemently advocated for the defendant and represented his impressive educational, personal and professional background coupled with his lack of a criminal record supported that he NOT be convicted of these crimes. Although the Commonwealth requested that the defendant be found guilty-the judge agreed with our office and the defendant was not found guilty. The case was continued for a period of time and provided he satisfies certain conditions the case will be dismissed. The defendant was NOT convicted of a crime and can represent to potential employers and educational institutions that he does not have a criminal record.
Read More in Continuance Without a Finding
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Domestic Assault and Battery and Felony Larceny Case Against School Teacher Dismissed
The defendant is a teacher in Massachusetts public schools. On April 12, 2018 Boston Police received a call for a domestic assault in progress. When they arrived at the scene they were met by two individuals who told them that they heard loud noises followed by slapping sounds, threats and screaming. They further stated that they encountered a woman who had noticeable redness and bruising on her face. They escorted her to safety until the police arrived. The officers interviewed the victim who told them that her boyfriend, the defendant had punched her in the face during an argument and that he had stolen her cell phone. He was charged with domestic assault and battery, G.L. c. 265 Section 13M and felony larceny over $250 in violation of G.L. c. 266 Section 25(b). Attorney Neyman was hired. Today, all charges were dismissed.
Read More in Theft Crimes
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Continuance Without a Finding on Sex For a Fee Case Sealed
The defendant received a continuance without a finding on a sex for a fee case, G.L. c. 272 Section 53A towards the end of last year. He satisfied the probationary conditions and the matter was dismissed. It remained on his CORI and he was unable to obtain employment. He hired our office to seal his CORI so that he could get back to work. Today, Attorney Neyman was able to have the petition to seal under G.L. c. 276 Section 100A allowed.
Read More in Sex for a Fee
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Not Guilty Verdict for Lawyer Charged With Domestic Assault and Battery
The victim and defendant were boyfriend and girlfriend living together in Brookline, Massachusetts. On November 4, 2018 after a heated discussion involving the future of their relationship, the victim complained that the defendant struck her and shoved her in their apartment. She went to the police station, made her complaint and obtained a restraining order at the suggestion of the police officer. The police went to the defendant's home, arrested him and charged him with domestic assault and battery, G.L. c. 265 Section 13M. Maintaining his innocence the defendant decided to go to trial. He hired Attorney Stephen Neyman. Today, after a trial the defendant was found not guilty of the charges.
Read More in Violent Crimes
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Two Felony Charges Continued Without a Finding in Superior Court
On January 31, 2018 Marblehead Police Officers responded to a call for a man threatening his parents with a knife. The reporting party was the defendant's stepfather who told the police that after an argument the defendant threatened him with a knife and strangled him. His wife, the defendant's mother tried to intervene and was tased in the process. Among other things the defendant was charged with assault and battery dangerous weapon, G.L. c. 265 Section 15A and strangulation, G.L. c. 265 Section 15D. Today, Attorney Neyman succeeded in getting these charges continued without a finding, a rare result in the superior court.
Read More in Strangulation
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Charge of Domestic Assault and Battery Against Accountant Dismissed
On February 18, 2018 the Yarmouth, Massachusetts police were dispatched to a lavish waterfront home. There they met with the victim who stated that during an argument her boyfriend, the defendant, grabbed her by the ankle and threw her on the floor of the home. She injured her wrist. The injury was documented by the police. The defendant fled the scene. He was later arrested and charged with domestic assault and battery under G.L. c. 265 Section 13M. Attorney Neyman scheduled a trial for today. He was able to get all charges dismissed.
Read More in G.L. c. 265 Section 13M
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Pretrial Diversion Allowed for Construction Worker Charged With Malicious Destruction to Property Over $250
On February 2, 2018 around 10:00 p.m. Burlington, Massachusetts police received a call for a report of malicious destruction to property. The officers went to the scene and met with a homeowner who told them that someone had thrown a rock through their front home window. Upon hearing the glass shattering one of the occupants of the home got into his car and followed the car that had contained the person who threw the rock. He called the license plate into the police and the driver of the car was soon thereafter stopped. There were three occupants in the car all of whom were charged with malicious destruction to property over $250, a felony in Massachusetts under G.L. c. 266 Section 127. Our client confessed to the police that he was the person who had in fact thrown the rock. Today, Attorney Neyman was able to get the defendant pretrial diversion under G.L. c. 276A. After the defendant completes a period of probation the case will be dismissed. He will not be arraigned.
Read More in G.L. c. 266 Section 127
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CORI Sealed for CEO of Major National Hospital Network With CWOF for OUI
The defendant is the CEO of a major national hospital network who received a continuance without a finding on an OUI several year ago. Such employment required routine criminal background checks. The revelation of the CWOF for this OUI would likely have resulted in termination of employment. It certainly would have eliminated advancement opportunities. Over objection our office as able to get the CORI sealed.
Read More in OUI
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Pretrial Probation for Non-Citizen Charged With Domestic Assault and Battery
The defendant is not a citizen. He has several post graduate degrees and is well known in the high tech industry. Several weeks ago his girlfriend accused him of attacking her and beating her. He was charged with domestic assault and battery under G.L. c. 265 Section 13M. Our office was retained to represent the man. We were able to get him pretrial probation pursuant to G.L. c. 276 Section 87. The case will be dismissed after a short term of probation.
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Charges of Domestic Assault and Battery Against Software Company CEO Dismissed
On February 15, 2018 members of the Quincy Police Department received a call from a man claiming that his sister had been beaten by her husband. The officers investigated and located the woman. She had a large bandage the size of a patch over her eye. The officers looked under the bandage and observed severe bruising and significant damage. The victim told the officers that following an argument her husband beat her. The injuries were photographed. The defendant admitted that he had in fact struck his wife after a dispute. He was charged with domestic assault and battery in violation of G.L. c. 265 Section 13M. Attorney Neyman scheduled the case for trial today. All charges were dismissed.
Read More in Violent Crimes
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CORI Sealed After Client Was Acquitted of Identity Fraud
Several months ago our office tried and won an identity fraud case that originated in the Westborough District Court. Our client is a physician who the victim claims stole his identity in order to obtain an advantage applying for a high level position at a local prestigious hospital. Notwithstanding the acquittal, the defendant had concerns about his CORI showing entries for felony charges. Our office filed a petition to seal that was allowed earlier today.
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Charges of Domestic Assault and Battery Dismissed Against Non-Citizen Facing Deportation
On December 30, 2017 Braintree, Massachusetts police were dispatched to an upscale neighborhood after being called by a third party concerned about a domestic assault. The officers arrived to find the victim, clearly distressed locked inside her room. The defendant was also present in another room. The couple are married but have been estranged for over one year. The victim immediately told the officers that her husband had recently raped her and that on this night she fought off additional sexual assaults. The defendant denied the allegations. He was arrested and charged with domestic assault and battery, G.L. c. 265 Section 13M. For some unexplained reason the sexual assault allegations were not charged. The defendant is not a citizen and a conviction or even a continuance without a finding would likely result in deportation. Attorney Stephen Neyman represented the defendant. Today, all charges were dismissed.
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Default Removed and Charges of Larceny Over $250 Dismissed
The defendant is twenty-three years old. She recently graduated a prestigious local university and obtained employment. In 2012 she was arrested for stealing from a story and charged with larceny over $250, a violation of G.L. c. 266 Section 30. This is a felony. The woman defaulted on her pretrial date and ignored the matter for six years. Last week, fearing that this case would be discovered, the woman contacted Attorney Neyman for help. In one day we went into court for her, removed the default and got all charges dismissed.
Read More in Default Removals
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Not Guilty Verdict for Man Charged With Threatening to Kill
The defendant is an employee at a local utility company and public school teacher. The defendant and the victim have a child together. On March 7, 2017 the victim went into court to get her child support payments increased and extended. She claimed to have won the hearing. After leaving the courtroom she complained that the defendant followed her, screamed at her and threatened to kill her and her boyfriend. The victim had a witness with her. The case went to trial on charges of threatening to commit a crime, G.L. c. 275 Section 2. Both the victim and witness testified that their initial complaint is exactly what the defendant did. The defendant denied the allegations and testified himself. After trial a Not Guilty verdict was rendered.
Read More in Violent Crimes
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Charges of Domestic Assault and Battery Against Software Engineer Dismissed on the Day of Trial
On August 29, 2017 the Boston Police received an elaborate, detailed 911 call from the victim of a domestic assault and battery. The victim claimed that he was beaten by his boyfriend. The officers were alerted to the location of the accused, confronted him and made an arrest. He was charged with violating G.L. c. 265 Section 13M assault and battery on a household member. He hired Attorney Stephen Neyman. A trial was scheduled for today. Prior to selecting a jury Attorney Neyman was able to get the case dismissed.
Read More in G.L. c. 265 Section 13M
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Pretrial Probation Given to Non-Citizen Woman Charged with Sexual Conduct for a Fee
On April 27, 2018 the Malden Police Department had a task force assigned to eradicating prostitution from massage parlors. On a tip from several "Johns" officers targeted a woman who was advertising her sexual services. The officers made contact with the woman and negotiated various sex acts. In an undercover capacity they went to the massage parlor and provided marked money to the defendant after she offered to perform certain sexual acts. The woman is not a citizen. Once the acts were negotiated and the money passed the officers arrested the woman and charged her with sexual conduct for a fee in violation of G.L. c. 272 Secton 53A. Attorney Neyman was hired. Today we got pretrial probation under G.L. c. 276 Section 87 for the client. She will have no criminal record.
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Charges of Domestic Assault and Battery and Strangulation Against Electrician to be Dismissed
The defendant is an electrician working for a local union. On May 29, 2018 he and his girlfriend were driving in Peabody, Massachusetts. They were arguing. They stopped for a red light where the argument escalated. Unbeknownst to them police officers had pulled up next to them. They witnessed the argument. They also saw the defendant grab the woman by the throat and start to strangle her. The defendant was arrested on the spot and charged with domestic assault and battery, G.L. c. 265 Sectoin 13M and strangulation, G.L. c. 265 Section 15D. The prosecution moved for detention under the dangerousness statute, G.L. c. 276 Section 58A. The motion was allowed and the man was detained. The family then hired Attorney Stephen Neyman. Today, Attorney Neyman was able to get the matter continued without a finding. The man was released from custody. The case will be dismissed after he completes some probationary obligations.
Read More in Strangulation
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Charges of Indecent Assault and Battery of a Person Over 14 Against Paramedic to be Dismissed
On December 25, 2017 Cambridge Police responded to a posh hotel for a report of a sexual offense. They met with a woman who worked with the housekeeping staff at the hotel. She stated that while cleaning a room the defendant approached her and touched her name tag which was over her breast. He then put his arm around her and slid it down to her buttocks and groped her. The man, a paramedic was in Massachusetts on vacation. It was his room that was being cleaned. He was charged with indecent assault and battery, G.L. c. 265 Section 13H. If convicted he would lose his job and have to register as a sex offender. He hired our office. Attorney Neyman was able to get the case continued without a finding. All charges will be dismissed.
Read More in Continuance Without a Finding
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Man Charged With Domestic Assault and Battery and Strangulation Released on Personal Recognizance
The defendant is a young man in his early twenties. Over the weekend he was arrested and charged with domestic assault and battery in violation of G.L. c. 265 Section 13M and strangulation under G.L. c. 265 Section 15D. The bail commissioner over the weekend refused to release him to an order of bail. He hired Attorney Stephen Neyman. Today, our office was able to get the man released on personal recognizance.
Read More in Bail Hearings
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Local Business Owner Found Not Guilty of OUI After Trial
On March 17, 2018 a Holliston, Massachusetts police officer observed a car being driven by the defendant driving 64 in a 35 mph zone. A stop was effectuated. When the officer approached the car he detected a strong odor of alcohol coming from the vehicle. The defendant, a local business owner, had difficulty responding to the officer's commands. He also admitted to drinking some beers. The defendant intelligently refused to perform any field sobriety tests and refused the breathalyzer test. He was arrested and booked. The man was charged with negligent operation and OUI, all in violation of G.L. c. 90 Section 24. The officers said that during the booking process and upon his arrest he was unsteady on his feet, had bloodshot eyes, slurred speech and a disheveled appearance. Our office scheduled a quick trial date. Today, after trial the defendant was found not guilty.
Read More in OUI Defense
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No Charges Issue Against Student Accused of Procuring Alcohol For Persons Under 21
The defendant is a local high school student. A few weeks ago her parents were out of town. She had a party. The party got out of control. One of the guests, a fifteen year old, became sick from drinking an excessive amount of alcohol. Fortunately, one of the attendees called the paramedics who took the student to the hospital. In the meantime, learning of the problem the police arrived. They investigated and charged with minor with procuring alcohol for persons under 21, a violation of G.L. c. 138 Section 134. A clerk magistrate hearing was held today. Attorney Neyman was able to convince the clerk magistrate not to issue the complaint.
Read More in Procuring Alcohol for Minors
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Charges of Assault and Battery Against Student Do Not Issue
The defendant is a juvenile with no prior criminal history. A few months ago a student was following the defendant and taking pictures of him in an intimidating manner. Other students watched these actions and laughed at the defendant in an intimidating manner. The defendant asked the person to stop. He did not. The defendant responded by punching him in the face, breaking his nose is several places. An application for a criminal complaint charging assault and battery, G.L. c. 265 Section 13A issued and the defendant had court today. He hired Attorney Stephen Neyman who was able to convince the clerk magistrate not to issue the complaint.
Read More in Assault and Battery
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Sexual Conduct for a Fee Case Does Not Issue After Clerk Magistrate Hearing
The defendant in this case is not a citizen. It is alleged that on January 26, 2018 a human trafficking task force established in Southern Middlesex County was engaged in a sting operation targeting sex for fee cases prohibited by G.L. c. 272 Section 53A. The officers used backpage.com to entice predisposed customers to respond and negotiate sexual services for a fee. The defendant responded to one of these adds and agreed to meet with an undercover officer posing as a prostitute. Several sexual acts were negotiated. The defendant responded to a designated location and was met by the undercover officer. The defendant had his cell phone in his hand. Officers texted it confirming that they had their target. He was then placed under arrested and charged with sex for a fee. A clerk magistrate hearing was scheduled. Today, Attorney Neyman was able to convince the clerk magistrate not to issue the complaint. There will be no immigration consequences.
Read More in Clerk Magistrate Hearings
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Charges of Domestic Assault and Battery to be Dismissed
The defendant and the victim are husband and wife. On September 11, 2017 Holliston, Massachusetts police responded to a residence for a call of a domestic assault and battery. Upon arrival they met with the wife (victim) who had called the police while hiding in a closet. She complained that following a verbal argument her husband threw a cooked egg at her head and face. The defendant admitted to having committed the act. He was charged with violating G.L. c. 265 Section 13M. The defendant had a criminal record for a non-domestic matter from years back. That notwithstanding, today our office was able to get the defendant a continuance without a finding and no batterer's program was required. The case will be dismissed is a few months.
Read More in Violent Crimes
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Charges of Indecent Assault and Battery to be Dismissed
The defendant is a college student who needs four credits to graduate. To pay for school he would drive for Lyft. On August 26, 2017 the Lowell, Massachusetts police department was called for a complaint of a sexual assault. The complainant was a woman who had been at a bar for the evening. She called Lyft for a ride for her and three of her friends. The defendant picked them up. On the way home the victim sat in the front seat. She told the police that during the ride the defendant grabbed her hand and put it on his exposed penis. Text messages confirmed the identity of the defendant. Additionally, the victim's friends corroborated her account of the incident. A single charge of indecent assault and battery in violation of G.L. c. 265 Section 13H issued. A conviction would result in a sex offender registration requirement. Today, Attorney Neyman was able to get a continuance without a finding until December 31, 2018. At that time, all charges will be dismissed.
Read More in Continuance Without a Finding
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Charges of Assault and Battery Dismissed After Clerk Magistrate Hearing
On March 29, 2018 a woman employee of a local restaurant chain complained that her manager had assaulted her. She filed an affidavit in support of an application for a criminal complaint stating that the manager had been abusive to her on many occasions. She claimed that on the date in question the defendant fired her. Afterwards, he refused to let her leave his office and as she tried to exit he grabbed her arm thereby committing an assault and battery. Our office was hired to defend the man at a clerk magistrate hearing. The charges sought were G.L. c. 265 Section 13A. Today, after the hearing the clerk magistrate refused to issue the complaint. The matter has been dismissed.
Read More in Violent Crimes
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Criminal Domestic Abuse Case Diverted From Criminal Court To Veteran's Court Pursuant To The Valor Act
Police responded to a call for a domestic disturbance. Despite a report of a physical altercation, upon arriving at the scene the couple had seemingly calmed down. After the police left the husband went to the police station and reported that his wife had actually hit him. The police in turn, interviewed his wife, who reported that he hit her. This "he said, she said" resulted in the husband, the initial reporting party, to be arrested and charged with domestic assault and battery. See, Massachusetts General Law Chapter 265 Section 13M. Our office represented the defendant and realized that he had significant military service. For this reason, he was eligible to be interviewed to determine whether he was a good candidate for having the case diverted from the criminal system to Veteran's Court. This process prevents a defendant from being arraigned and thus, the defendant will NOT have any criminal history in the event a CORI is conducted on him. The case was successfully diverted to the Veteran's Court and will not have any impact on his criminal history. Thus, the client does NOT have to worry about this incident interfering with his present employment, future employment or any educational opportunities that may come his way.
Read More in Pretrial Diversion
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Pretrial Probation For Man Charged With Domestic Assault and Battery and Witness Intimidation
On March 16, 2018 Southborough, Massachusetts Police were dispatched to a residence for a call on a domestic disturbance. They were informed that the defendant and the victim, his father, were engaged in a fight in the home. When they arrived the met with the defendant who admitted that after an argument he grabbed his father by the throat and tried to choke him. The defendant further admitted that he took the house phone and broke it to prevent the victim from calling the police. He was charged with violating G.L. c. 265 Section 13M, domestic assault and battery and G.L. c. 268 Section 13, witness intimidation. He hired our office to represent him. Today, Attorney Neyman was able to get pretrial probation under G.L. c. 276 Section 87 for the defendant. All charges will be dismissed.
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OUI Against 20 Year Old Continued Without a Finding and No InPatient Treatment Even Though Breathalyzer Reading Over .20
This past Saturday the defendant, a twenty year old college student, drove his car off of the highway and into a gully where it got stuck. Fortunately no one was injured. Police officers arrived and met with the driver. They immediately observed him to have symptoms consistent with alcohol intoxication. He failed three field sobriety tests and was arrested, booked and charged with OUI. At the police station he took a breathalyzer test and blew a .19 and .21, two and a half times the legal limit. A statute in Massachusetts requires anyone under the age of twenty-one who blows a .20 or greater a two week inpatient program. Notwithstanding the statute, Attorney Neyman was able to get a continuance without a finding and no inpatient requirement. After the defendant successfully completes his probation the case will be dismissed.
Read More in Continuances Without a Finding
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Conditions of Bail Modified to Permit Contact With Victim in Pending Domestic Assault and Battery Case and Restraining Order Ordered Amended
The defendant is charged with domestic assault and battery against his wife. At the arraignment the wife applied for a 209A restraining order and asked for conditions of bail that included no contact and a stay away from the victim. At that time the defendant did not have a lawyer with him. Later that day he hired Attorney Stephen Neyman to represent him. At the pretrial today, we were able to have the no contact order and stay away orders vacated. The restraining order was also modified to include no abuse only.
Read More in Bail Hearings
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Shoplifting Charges Against Non-Citizen Dismissed After Clerk Magistrate Hearing
The defendant is a non-citizen who moved to Massachusetts to attend school on a student visa. A few weeks ago the defendant was shopping at a local Target store. The defendant processed some merchandise at a self-service checkout kiosk. However much of the goods in the shopping cart were not scanned or paid for at the checkout. Loss prevention watched the defendant's actions and stopped her as she attempted to exit the store with the goods. She confessed to the loss prevention personnel and local police. A summons for a clerk magistrate hearing issued charging her with shoplifting by asportation in violation of G.L. c. 266 Section 30A. Knowing that anything short of pretrial probation or a dismissal could result in a revocation of her student visa she hired Attorney Stephen Neyman. Today, our office was able to convince the clerk magistrate not to issue the complaint.
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Twenty-Four Gun Charges Dismissed Against Randolph Man
On June 16, 2017 Randolph, Massachusetts police officers were dispatched for a report of an garage alarm door being sounded. The homeowner was contacted and confirmed to the police that no one was supposed to be in the home. Officers then obtained permission from the owner to enter the home and check on the problem. Officers gained entry through an open door in the basement. As they made their way through the home they located twenty-four high capacity assault weapons, not properly stored. All of the weapons were seized. The defendant was then asked to meet with the officers. He complied. He was questioned and admitted that the weapons were his. He was charged with twenty four counts of unlicensed possession of assault weapons, G.L. c. 140 Section 131 and improper storage of those weapons. The defendant is an engineer and was facing mandatory jail time. He hired Attorney Stephen Neyman to represent him. Today, all charges were dismissed.
Read More in G.L. c. 140 Section 131
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Pretrial Probation for Non-Citizen Engineer Charged with Sex for a Fee
On July 17, 2017 detectives from the Human Trafficking Unit conducted an undercover online investigation into illegal sexual services being offered for a fee. Detectives posed as female prostitutes in an online capacity. They were ultimately contacted by the defendant and others soliciting sex. The operation was conducted through a backpage.com advertisement. The defendant was directed to a particular location where he was met by the undercover officers. They called his cell phone, the same phone he was using to solicit the sexual services. The defendant then agreed to provide the officers with his phone. On it they located the texts of the negotiations he had been having for the sexual services. He was arrested and charged with sex for a fee in violation of G.L. c. 272 Section 53a. Since the man is not a citizen anything short of pretrial probation could result in his deportation. Today Attorney Neyman was able to get him pretrial probation pursuant to G.L. c. 276 Section 87. All charges will be dismissed in October.
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Charges of Indecent Assault and Battery on a Person Over 14 Dismissed After Clerk Magistrate Hearing
On March 26, 2018 a woman contacted the police frantically complaining of having just been sexually assaulted. She claimed that a man grabbed her arms and breasts. After calming down the woman explained that around midnight she had given a homeless man she knows a coffee. The defendant was walking by at the time. Thinking nothing of him the woman left and walked home. She stood outside her home to smoke a cigarette. This other man had apparently followed her. He grabbed her and tried to push his way into her home. While doing so he fondled her breasts and repeated "I love you" and "You're beautiful". The victim resisted and was thrown to the ground. The defendant then fled. The incident was captured on a videotape. A clerk magistrate hearing was scheduled charging the defendant with indecent assault and battery on a person over the age of 14, a felony in Massachusetts. This is a violation of G.L. c. 265 Section 13H. Today, our office was able to convince the assistant clerk magistrate not to issue the complaint.
Read More in G.L. c. 265 Section 13H
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Original Conditions of Bail Reinstated After Defendant Fails to Charge GPS Device and is Violated on Conditions of Release
The defendant is facing a mandatory twelve years in state prison on a pending drug trafficking charge. Several months ago we secured his release on bail with a condition that he wear a GPS tracking device. The other night the man forgot to charge the device. The police department and probation department tried to call him several times to no avail. An arrest warrant issued and the defendant was arrested and brought back into court. Attorney Neyman was able to convince the assistant district attorney and the judge to reimpose the original conditions of release.
Read More in Drug Trafficking
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Charges of Domestic Assault and Battery Against Medford Woman Dismissed at Clerk Magistrate Hearing
Early last fall our client was arrested for violating G.L. c. 265 Section 13M, domestic assault and battery. The victim was her husband. We were able to get the clerk magistrate not to issue the complaint however he held the matter for six months and required further hearing. Today was that further hearing date. Inasmuch as there were no further problems with the criminal legal system the clerk magistrate dismissed the complaint.
Read More in G.L. c. 265 Section 13M
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Charges of Domestic Assault and Battery do not Issue After Clerk Magistrate Hearing
On March 7, 2018 members of the Boston Police Domestic Violence unit responded to a Jamaica Plain address. They were met by a thirty year old woman who reported that her boyfriend, the defendant, had just assaulted her after a verbal argument. The woman claimed that the defendant grabbed her by the neck and hair and dragged her through his car ultimately throwing her into the street. Officers observed marks on the woman supporting her complaint. A clerk magistrate hearing scheduled with charges of domestic assault and battery in violation of G.L. c. 265 Section 13A and G.L. c. 265 Section 13M. The victim appeared. Nevertheless, our office was able to convince the clerk not to issue the criminal complaint.
Read More in Assault and Battery
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Pretrial Diversion Granted for Graduate Student Charged with Disorderly Conduct, Trespass, Disturbing the Peace and Resisting Arrest
The defendant is a graduate student with a 4.0 GPA. On April 6, 2018 she was in line at a club in Worcester. She and her friends were denied entry as one of the security staff believed one of the friends to be intoxicated. The group began to argue with the staff and a police officer was called. The officer alleged that the defendant refused to leave the premises and began arguing with the officer. She was advised to leave the property again by the officer. She refused and threatened to hire a lawyer and complained that her rights were being violated. Once the officer determined that the woman was not going to leave he went to arrest her. She resisted. She was ultimately charged with disorderly conduct, G.L. c. 272 Section 53, trespass, G.L. c. 266 Section 120, disturbing the peace, G.L. c. 272 Section 53 and resisting arrest, G.L. c. 268 Section 32B. Attorney Neyman was hired to represent the woman. Our office was able to get pretrial diversion pursuant to G.L. c. 276A prior to arraignment. The case is dismissed.
Read More in Resisting Arrest
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Felony Charges of Malicious Destruction to Property Over $250 do not Issue
The defendant is a high-ranking executive at a well-known tech firm in the greater Boston area. On January 10, 2018 he was crossing the street at a crosswalk and was involved in an incident where he was almost struck by a car. After an exchange of words the defendant then kicked the front passenger side of the person's car. The vehicle sustained damage and the police were called to investigate. The defendant was summonsed for a clerk magistrate hearing for a charge of malicious destruction to property, a felony under G.L. c. 266 Section 127. Attorney Neyman was hired. Prior to the hearing Attorney Neyman, with the assistance of a very compassionate detective and the victim was able to work this case out and avoid court. No complaint issued.
Read More in MDOP
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Charges of Possession With Intent to Distribute Cocaine to be Dismissed
The defendant is a twenty-four year old construction worker with superior court convictions for violent crimes. On September 8, 2017 undercover police officers in Medford, Massachusetts were conducting a surveillance of a parking lot where a significant number of drug transactions had been reported. These officers knew the defendant from past encounters and knew him to sell drugs. They observed the defendant drive into the parking lot and make contact with occupants of another vehicle. The defendant then entered that vehicle and made movements suggesting a transfer of an object for another object. The experience of these officers suggested a drug transaction was underway. They got out of their undercover vehicle and approached the vehicle the defendant had entered. Upon reaching the vehicle they observed the defendant in possession of a large quantity of a white powdery substance they believed to be cocaine. He was arrested and charged with possession with intent to distribute a class B substance, cocaine. This is a crime under G.L. c. 94C Section 32A. Attorney Neyman was able to get the case continued without a finding. There will be no conviction once the probationary period is over and the defendant will not having a loss of license.
Read More in CWOF
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Charges of Distributing Obscene Matter do not Issue after Clerk Magistrate Hearing
In February of this year Boston, Massachusetts police responded to a call from a domestic assault at a local apartment. They met up with the defendant who had been assaulted by his girlfriend. The man spoke with the police and after complaining of the assault admitted to distributing snapchat videos of the woman. His statement resulted in him being charged with a violation of G.L. c. 272 Section 29, distributing obscene material. This is a felony in Massachusetts. A clerk magistrate hearing was scheduled for today. Our office was able to get this charge dismissed.
Read More in Dissemination or Possession of Obscene Matter
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Charges of Operating Unlicensed and Operating Uninsured Dismissed at Clerk Magistrate Hearing
The defendant is an investment banker with a high profile job in Boston. Several weeks ago he was stopped during a routine motor vehicle. It was quickly determined that the man did not have a valid driver's license and that the car he was driving was not insured. He was summonsed to a clerk magistrate hearing charged with violations of G.L. c. 90 Section 10 and G.L. c. 90 Section 34J. Our office was hired to represent the accused. Today, we were able to get all charges dismissed.
Read More in Motor Vehicle Crimes
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Gun Possession and Improper Storage Charges Against Maine Man Dismissed Prior to Arraignment
The defendant is from Maine. He lawfully purchased a gun in that state. On January 20, 2018 the defendant drove to Boston to pick up a family member at the airport. He parked in a lot and went inside the terminal to wait. While driving home he realized that his truck had been broken into and that the weapon had been stolen. He reported the theft to the police. He was subsequently charged with violating G.L. c. 140 Section 141 improper storage of a firearm and improper storage of a high capacity weapon. He hired Attorney Stephen Neyman to represent him. Today, Attorney Neyman successfully got the charges dismissed prior to arraignment.
Read More in Gun Charges
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Charges of Minor in Possession of Alcohol and Failure to Identify Against College Student Dismissed After Clerk Magistrate Hearing
The defendant is a junior at a local prestigious university. The prosecution alleged that undercover police officers at a local sports venue observed the woman purchasing alcohol at a concession stand. Believing her to be underaged the officers approached and inquired about her age. The woman, who was twenty at the time lied about her name and age and provided false identification to the police. The police confiscated the alcohol and identification card and summonsed the student to court for a violation of G.L. c. 138 Section 34C, minor in possession of alcohol and G.L. c. 138 Section 34B refusing to identify self to authority. A clerk magistrate hearing was scheduled. Today, our office succeeded in getting the clerk magistrate not to issue the complaint.
Read More in Minor in Possession of Alcohol
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Personal Recognizance for Man Charged With Domestic Assault and Battery
Over the weekend the defendant and his girlfriend were out celebrating St. Patrick's Day at a local bar. The girlfriend became jealous as several women showed interest in the defendant. The two argued. The argument escalated when the two went back to their apartment. The dispute became violent and the police were called to the home. The victim claimed that the defendant beat her and kicked her. She was taken to the hospital where it was discovered that she had a broken rib and punctured lung. Our client was arrested and charged with domestic assault and battery under G.L. c. 265 Section 13M. After a bail hearing our office was able to get the defendant released on personal recognizance.
Read more in Domestic Assault and Battery
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Charges of Larceny and Kidnapping Dismissed
In February of 2017 a woman contacted a friend asking for a ride home from a shopping center. The friend arrived in a car being driven by her boyfriend, the defendant. The victim alleged that she was locked in the car and taken to a remote location where the defendant and the friend demanded money and property from the woman. The two succeeded in obtaining the property and the victim escaped. She reported the incident to the police and after identifying the defendant in a photo array an arrest was made. Among other things, the defendant was charged with larceny, G.L. c. 266 Section 30 and Kidnapping, G.L. c. 265 Section 26. Today, Attorney Stephen Neyman was able to get all charged dismissed.
Read More in Kidnapping
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Charges of Operating Uninsured and Unregistered Vehicle Against Medical Student Dismissed Prior to Arraignment
In late November, 2017 the defendant was stopped at a light. A Massachusetts State Trooper made a routine query of the license plates and learned that the vehicle was not insured, nor was it registered. The driver was given a summons for a clerk magistrate hearing charging violations of G.L. c. 90 Section 34 and G.L. c. 90 Section 23. The defendant missed the hearing and a criminal complaint issued. The defendant then hired Attorney Stephen Neyman to represent her. Attorney Neyman advanced the case and succeeded in getting all charged dismissed prior to arraignment.
Read More in Motor Vehicle Crimes
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Felony Charges of Larceny Over $250 Against Non-Citizen Defendants Dismissed
The defendant is a non-citizen who has been accused of scamming elderly persons throughout the country. Our office represents this person and several of his family members on this case and other similar cases throughout the Commonwealth of Massachusetts. The scam is initiated by someone calling an elderly person claiming to be a lawyer for a grandchild. The scheme is well planned. The perpetrators know the identity of the grandchildren, their address and age. The victims are told that the grandchild is in great trouble and in need of money for bail or legal fees. Money then gets wired in the form of gift cards to a specific electronic address. There, it is accessed or retrieved by the perpetrators. Subsequently, the defendants are identified when they are videotaped using the gift cards. The charges in this case were larceny over $250, G.L. c. 266 Section 30 and receiving stolen property, G.L. c. 266 Section 60. Today, our office succeeded in getting this case dismissed.
Read More in Theft Crimes
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Assault and Battery by Means of a Dangerous Weapon Charges do not Issue After Clerk Magistrate Hearing
On September 9, 2017 members of the Boston Police Department were dispatched to a residence after an emergency call for a fight. Upon arrival officers were met by the victim who claimed that after a heated dispute our client attacked him with a knife. There were visible injuries consistent with the victim's story. Rather than issue an arrest warrant the police opted to file an application for a criminal complaint charging the defendant with assault and battery by means of a dangerous weapon in violation of G.L. c. 265 Section 15A. Attorney Stephen Neyman was hired to represent the defendant. Today, after a clerk magistrate hearing no complaint issued.
Read More in Violent Crimes
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Charges of Possession of Class B Drug do not Issue After Clerk Magistrate Hearing
On February 2, 2018 a suburban, Massachusetts police officer made a routine stop of a motor vehicle after the car made an illegal turn. When the officer approached the driver he noticed the man nervously manipulating objects in his hand, glove box and center console. The officer illuminated his light at which time the driver made an abrupt gesture that appeared to be threatening to the officer. The driver was removed from the car and searched. He was found in possession of crack cocaine and charged with possession of a class B drug, G.L. c. 94C Section 34 and conspiracy to violate the Massachusetts drug laws, G.L. c. 94C Section 40. A clerk magistrate hearing was scheduled. Attorney Neyman appeared and convinced the clerk not to issue the complaint.
Read More in Drug Possession
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Drug Possession Charges Against Local Professional Do Not Issue After Clerk Magistrate Hearing
The defendant is a professional and principle in a very well know Boston company. On November 18, 2017 suburban, Massachusetts police received a call for a woman having a seizure and in need of medical assistance. The responding officers tried to stabilize the woman while waiting for an ambulance to arrive. The woman had no identification on her person however officers were able to ascertain her identification by accessing her wallet in her pocketbook. While doing so the officers located a substance they believed to be methamphetamine. The woman was taken to the hospital and eventually summonsed to court for possession of drugs in violation of G.L. c. 94C Section 34. Attorney Neyman was hired. Today, at a clerk magistrate hearing we were able to convince the clerk not to issue the complaint.
Read More in Clerk Magistrate Hearings
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Charges of Domestic Assault and Battery Dismissed
The defendant and the victim live together and have three children together. On October 21, 2017 Haverhill, Massachusetts police officers were dispatched to the victim's workplace for a report of an assault. They arrived to find the defendant arguing with her boyfriend, the victim. An independent witness advised the officers that the woman struck the man several times. She confirmed this when questioned by the police. The woman was charged with domestic assault and battery in violation of G.L. c 265 Section 13M. Attorney Neyman was hired and today was able to get the case dismissed.
Read More in Violent Crimes
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Charges of Felony Shoplifting do not Issue After Clerk Magistrate Hearing
The defendant is a non-citizen professional woman. The prosecution claimed that on January 14, 2018 suburban Massachusetts police were contacted by loss prevention at a local Macy's store. The store employees had detained a woman whom they had observed stealing several items valued at hundreds of dollars. The woman admitted to the police that she had in fact stolen these items. She was charged with felony shoplifting in violation of G.L. c. 266 Section 30A. This woman is not a citizen and any adverse outcome could have resulted in deportation. Attorney Neyman represented the woman at a clerk magistrate hearing today. No charges issued.
Read More in Clerk Magistrate Hearings
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Pretrial Probation for Non-Citizen Charged With Three Felony Theft Crimes
The defendant is a non-citizen working towards her Masters Degree and employed in the technology field. On December 9, 2017 police from Burlington, Massachusetts were dispatched to the Macy's store in the Burlington Mall. There, loss prevention officers had the defendant in their custody. The woman was observed on security cameras removing the theft detection devices from various items and putting them in a large pocketbook she was carrying. The woman exited the store with the items and was stopped. The value of the goods exceeded $250 making the theft a felony under G.L. c. 266 Section 30. The woman also had in her possession two theft detection devices. This crime is a felony under G.L. c. 266 Section 30B. Any resolution short of pretrial probation under G.L. c. 276 Section 87 would likely result in the defendant being deported and denied reentry into the country. Today, our office was able to get the woman 6 months pretrial probation.
Read More in Pretrial Probation
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Felony Vandalism Charges Against Marblehead Man Dismissed
The defendant in twenty years and lives in Marblehead, Massachusetts. On January 25, 2017 police officers were dispatched to the man's residence for a report property being destroyed. They arrived to find a cabinet door off the hinges and other items smashed in other areas of the home. The defendant's mother and stepfather both identified him as the person responsible for the damage and an arrest was made. Charges of vandalizing property under G.L. c. 266 Section 126A were filed. Trial was scheduled for today. Attorney Neyman was able to get all charges dismissed.
Read More in Malicious Destruction to Property
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Charges of Assault with Intent to Rape and Indecent Exposure Dismissed
On July 14, 2016 members of the Lynn, Massachusetts police department responded to a call at a pre-independent living center for troubled young adults. They were met by the victim and another person later identified by the prosecution as a first complaint witness. The victim complained that she and the defendant went outside the facility to smoke a cigarette. While outside the defendant asked the victim for sex. She rejected his offer. He then took out his penis and exposed himself. He then grabbed the back of her head and tried to make her perform oral sex on him. The victim immediately notified a friend of this incident as well as the employees of the home. The man was arrested and charged with assault with intent to rape under G.L. c. 265 Section 24 and indecent exposure under G.L. c. 272 Section 53. The former is a felony and would require sex offender registration. Attorney Neyman was hired. Today, Attorney Neyman was able to get the charges dismissed.
Read More in Rape
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Charges of Strangulation Dismissed and Domestic Assault and Battery to be Dismissed
The defendant owns several companies that sell medical implant devices to doctors and hospitals. In January of 2017 the defendant was in Boston with his wife. They were staying at a luxury hotel downtown. Shortly after midnight guests at the adjacent room called hotel security complaining of noise and a possible fight in the defendant's room. A hotel security office went to the room and contacted the defendant's wife who was crying and visibly shaken. In front of the defendant the wife told hotel security that her husband choked her, hit her and threw her on the bed. She repeated the statements to the responding police officers. Attorney Neyman was hired to represent the defendant on charges of domestic assault and battery, G.L. c. 265 Section 13M and strangulation or suffocation, G.L. c. 265 Section 15D. Today, the strangulation count was dismissed and the domestic assault and battery was continued without a finding for six months after which that count will also be dismissed.
Read More in Violent Crimes
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Charges of Domestic Assault and Battery, Assault and Battery on a Police Officer and Possession of a Firearm Against Top Sales Executive Dismissed
The defendant is a top sales executive working for a large international company. On December 8, 2016 members of a local police department were dispatched to a residence for a call of a domestic incident. They arrived to find the defendant in a manic state, not making sense and difficult to control. The man had allegedly struck his wife. During questioning the man struck one of the police officers. He was arrested. During questioning officers learned that the man had a large capacity firearm in his home along with some ammunition. He was charged with domestic assault and battery, G.L. c. 265 Section 13M, assault and battery on a police officer, G.L. c. 265 Section 13D, two counts of unlicensed possession of an assault weapon, G.L. c. 140 Section 131M, possession of ammunition without an FID card and possession of a firearm without an FID card, G.L. c. 269 Section 10(h) and improper storage of a firearm, G.L. c. 140 Section 131L. Attorney Stephen Neyman was immediately hired to defend the man. Today, the domestic assault and battery, the assault and battery on a police officer and all felony counts were dismissed. The possession of ammunition and possession of a firearm without an FID card were continued without a finding for six months. Those charges will also be dismissed.
Read More in Domestic Assault and Battery
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Multiple Drug Charges Against Construction Worker to be Dismissed
The defendant is a construction worker and union member working on some significant Boston area projects. In March of 2017 members of the Tewksbury, Massachusetts police department were alerted to the fact that the defendant was selling illegal narcotics and that he possessed illegal firearms. The defendant's step-father corroborated this and had recorded statements linking the man to drug sales. Following up on this information officers obtained consent to search the defendant's home from his parents. This led to the discovery of large quantities of drugs and the issuance of search warrants for the defendant's cell phones. The search of the cell phones provided additional support that the man was in fact selling drugs. He was charged with various drug crimes, among them G.L. c. 94C Section 34 and G.L. c. 94C Section 32C. The defendant had a significant criminal history that included drug convictions. Attorney Neyman was hired to represent the man. Today, all charges were continued without a finding. These charges will be dismissed after a successful completion of a short period of probation.
Read More in Continuance Without a Finding
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Charge of Domestic Strangulation Against Local College Student Dismissed
On October 14, 2017 Boston Police officers in a fully marked cruiser were drawn to the defendant and victim after hearing a loud argument. The officers saw the defendant grab the victim by the throat and attempt to lift her in the air. He was also seen shoving and pushing the victim, a young woman identified as the defendant's girlfriend. He was charged with a violation of G.L. c. 265 Section 15D, strangulation or suffocation and domestic assault and battery under G.L. c. 265 Section 13M. This first charge is a felony in Massachusetts punishable by up to five years on prison. Attorney Neyman was hired to defend the man. Today, we were able to get the felony charged dismissed. The misdemeanor was continued without a finding.
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Charges of Malicious Destruction to Property Over $250 Dismissed at Clerk Magistrate Hearing
The defendant is a student at a college outside of Massachusetts. The prosecution alleged that on October 9, 2017 at 1:00 a.m. members of a University Police Department observed two males ducking and hiding among parked cars in a suspicious manner. Officer observed a freshly tagged section of a wall near the location of the individuals. The individuals were approached by officers who saw paint cans in their cargo pants pockets. The two were identified and summonsed for felony complaint applications charging malicious destruction to property over $250 under G.L. c. 266 Section 126B. This charge is a felony in Massachusetts. Our office was retained to defend the individuals at a clerk magistrate hearing. Today the case was dismissed. No complaint issued.
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Large Capacity Gun Charges Against Former Military Man Do Not Issue After Clerk Magistrate Hearing
The defendant served in the military and completed four tours of active duty in Afghanistan and Iraq. On September 30, 2017 members of the Boston, Massachusetts police department were summonsed to specified address for a domestic dispute. Officers arrived to find the defendant outside and began to question him about the alleged incident. The discussion led to the disclosure that the defendant had a high capacity firearm in the home along with a significant amount of ammunition. It was also determined that the defendant did not have an FID card or a license to carry in Massachusetts. An application for unlawful possession of a firearm under G.L. c. 269 Section 10(m) was filed along with possession of ammunition, G.L. c. 269 Section (h)(1) and improper storage under G.L. c. 140 Section 131L. There is a mandatory jail sentence under the first count. Today, at a clerk magistrate hearing Attorney Neyman was able to convince the clerk not to issue a criminal complaint.
Read More Clerk Magistrate Hearings
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Not Guilty Verdict After Jury Trial for Woman Charged With Felony Receiving Stolen Property Over $250
The defendant is a legal alien from China. She does not speak English. The prosecution alleged that in February of 2017 a seventy-eight year old man from upstate New York received a call from a person purporting to be a lawyer. The called stated that he was representing the man's granddaughter who had just been arrested and charged with marijuana distribution. The man asked the man to transfer a substantial sum of money to a bank account for legal fees. The victim complied. He quickly learned that he had been scammed and that the caller was not in fact a lawyer. Subsequently, after a lengthy police investigation it was determined that the defendant and her daughter-in-law had been part of the scam. They were caught spending the proceeds of the theft at several stores in Massachusetts, one of them a Target Store in Easton. Store security videotape confirmed the suspicions and the defendant was arrested and charged with larceny from a person over sixty, G.L. c. 266 Section 30(5), larceny by scheme, G.L. c. 266 Section 30(1) and receiving stolen property, G.L. c. 266 Section 60. A loss would have resulted in jail and deportation. Attorney Neyman was able to get the first two counts dismissed prior to trial. The remaining count was tried to a jury and the defendant was found not guilty.
Read More in Theft Crimes
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Charges of Sex for a Fee Against Non-Citizen on Asylum Status to be Dismissed
The defendant is from a South American country in the United States on asylum. On March 9, 2017 members of the Cambridge Police Special Investigations Unit and the Massachusetts State Police Human Trafficking Unit conducted a "john" operation utilizing an advertisement on backpage.com. This operation was staged at a Cambridge hotel. After a series of text messages were exchanged between the defendant and the undercover officers an agreement to meet at the hotel was completed. The defendant arrived at the designated room and paid a female officer disguised as a prostitute the negotiated sum of money. He was immediately arrested and charged with sex for a fee, G.L. c. 272 Section 53A. Attorney Neyman was hired. We were able to get the case continued without a finding for thirty days with the option of getting the case sealed immediately. If there is any effort to deport our client the judge made clear the defendant will be permitted to withdraw his admission.
Read More in Sealing Criminal Records
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Assault and Battery Charges Dismissed
On April 20, 2016 Rockland, Massachusetts police officers were met at the station by a man claiming to have been assaulted and beaten by our client. The man claimed that the defendant was driving at a high rate of speed through a densely populated residential neighborhood. The victim got into his car and followed our client to a local gas station. When he got out to confront our client he was struck in the face several times. The officers located our client nearby after he was involved in a traffic accident. He was arrested and charged with assault and battery, G.L. c. 265 Section 13A. Today, Attorney Neyman was able to get all charges dismissed.
Read More in Violent Crimes
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Charges of Assault and Battery and Domestic Assault and Battery Against Holbrook Man Dismissed
On April 29, 2017 Holbrook, Massachusetts police responded to a 911 call for a fight in progress. They responded and found a woman with a swollen, shut eye and other noticeable significant injuries. The woman claimed that after an argument with her husband he struck her several times causing the obvious injuries. Officers were also met by the victim's father who also claimed to have been beaten by the defendant. This man claimed that he witnessed the defendant strike his daughter. When he tried intervened and tried to defend her the defendant hit him then went upstairs to retrieve a firearm. The defendant was arrested at his mother's home in Boston later that night. He was charged with assault and battery, G.L. c. 265 Secton 13A and domestic assault and battery, G.L. c. 265 Section 13M. Today all charges were dismissed at the request of Attorney Neyman. No firearm charges were filed.
Read More in Gun Crimes
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Charges of Sex for a Fee Against College Professor Diverted
The defendant is a tenured college professor with a doctorate and over forty years teaching experience. The prosecution alleged that on July 19, 2017 and undercover online investigation targeting violators of human trafficking laws was in progress. During the course of the investigation solicitations were made online in an effort to lure customers to purported prostitution locations, such as apartments and hotels. Our client responded to one of the advertisements and agreed to certain sexual acts for a fee negotiated between himself and the undercover officer. Our client then went to meet at an agreed designated location. There, he was met by the undercover officers who called his phone and observed their number appear on his cell phone screen. The man was arrested and charged with sex for a fee in violation of G.L. c. 272 Section 53A. Attorney Neyman was hired. Today we were able to get the charges diverted under G.L. c. 276A.
Read More in Sex Crimes
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Criminal Motor Vehicle Violations Against Doctor Dismissed at Clerk Magistrate Hearing
The defendant is a radiologist working at a prestigious hospital in the greater Boston area. On October 28, 2017 a police officer on routine patrol observed a car being operated with an expired registration sticker. The vehicle was stopped and the officer quickly learned that the operator had no insurance, was driving an unregistered car and had failed to notify the Massachusetts Registry of Motor Vehicles of an address change. She was charged with violating G.L. c. 90 Section 23 and G.L. c. 90 Section 26A. Attorney Neyman was hired to represent the defendant at a clerk magistrate hearing. Today, after the hearing, no complaint was issued.
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