Case Results 2022

The defendant is a local contractor who builds high end homes. In August of 2021, in the early morning hours he entered a hotel where he had a reservation. Due to the hour, the desk attendant refused to honor the reservation. The man became upset and started breaking objects in the hotel lobby. He left the property and was summonsed for a charge of malicious destruction of property in violation of G.L. c. 266 section 127. We were able to get him pretrial probation under G.L. c. 276 section 87. All charges will be dismissed.

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Our client is the chief technology officer at a well known intellectual property development company. He lives in another state. On October 2nd of this year he went to the airport expecting to travel to visit with family members. He packed a carry-on bag and left for the airport. He simply forgot that he kept his lawfully owned, loaded firearm in the bag. At the airport he placed the bag on the conveyor belt. He was immediately flagged and confronted by state police officers assigned to the airport. He was eventually summonsed for a clerk magistrate hearing charging him with possession of a firearm in violation of G.L. c. 269 section 10(a), possession of a loaded firearm under G.L. c. 269 section 10(n), improper storage of a firearm under G.L. c. 140 section 131L and an airport security violation, G.L. c. 269 section 12F. Today, at the clerk magistrate hearing we prevailed upon a very compassionate clerk magistrate and state police lieutenant not to issue the complaint. 

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Our client is a non-citizen working in the United States pursuant to a visa. In September of this year she was caught shoplifting from a store in a mall. The value of the property taken exceeded $1,200.00 making the crime a felony in Massachusetts. The woman was charged with larceny over $1,200.00 in violation of G.L. c. 266 section 30. Her arraignment was scheduled for February of next year. Rather than wait for the arraignment and leave our client with a pcf number we negotiated a deal with the district attorney's office. Provided that our client perform 16 hours of community service the case would be dismissed prior to arraignment. She completed the community service and we advanced the case today. All charges were dismissed prior to arraignment. 

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This case was filed in 2016. The district attorney's office alleged that a young girl was sexually assaulted by our client after returning from a trip in the summer of 2008. Based on the allegations our client was charged with one count of indecent assault and battery on a child under the age of fourteen, a felony under G.L. c. 265 section 13B. We believed in our client's innocence from the minute we met him. It took us over two years to obtain records indicating that the complainant had been assaulted by someone other than our client. Then COVID hit and the case was delayed for another two years. Notwithstanding the information that we unearthed, the district attorney's office insisted on pursuing the case. We had evidence that the child told the district attorney's office that her father did this to her. We had additional evidence that the child told the district attorney's office that her aunt's boyfriend did this to her. We had evidence showing that the child complained that a boy in her daycare did this to her. Finally, today, the day of trial we succeeded in getting the case dismissed. 

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The defendant is a truck driver nearing forty years of age. He lived in a small apartment with his wife, biological son and step daughter. In the summer of 2020 his world was turned upside down when he was accused of raping his step daughter by digitally penetrating her and orally penetrating. She also alleged that he took her hand and made her play with his penis. The charges alleged a violation of G.L. c. 265 section 23A, aggravated rape of a child, G.L. c. 265 section 22A, forcible rape of a child G.L. c. 265 section 13B, indecent assault and battery. The case took over two years to investigate and prepare for trial. Our investigation revealed that the complainant's story became more exaggerated over time. Each time she told someone what happened new details were added. She told an ex-boyfriend that our client penetrated her with his penis. She testified at trial that a few weeks after the alleged incident she told her closest friend. We called the friend to testify. She said that the complainant made some vague accusation six months prior to the alleged incident having occurred. We established that her motive in fabricating these charges was to enable her to move out of her mother's home and into her father's home where discipline was much more relaxed and where she would no longer have to share a bedroom with her brother. The jury deliberated and found our client NOT GUILTY of all charges. 

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Our client is a master electrician who lives in another state. This past February he was in Massachusetts on vacation staying at a resort casino. He and his wife had an abundance of drugs they intended to enjoy during their stay. They ingested some LSD. Apparently the LSD was bad. The wife became very sick and the husband, our client, called 911. Police and paramedics arrived. The wife was taken to the hospital. Our client was interviewed by the police. He admitted to taking the drugs. Officers then saw, in plain view, other drugs. Our client was summonsed for possession of a class B drug, G.L. c. 94C section 34 and possession of a class C drug, also in violation of G.L. c. 94 C section 34. Today we appeared for a clerk magistrate hearing. Our argument that our client availed himself of the Good Samaritan law prevailed and the complaint did not issue. 

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In July of 2021, officers from a large city outside of Boston responded to a call for a wellness check. When they got to the location they were told by the defendant's mother that he was undergoing a mental health episode. The officers confronted the man to try to help. The man lunged at one of the officer's holsters trying to get his gun. The other officers tried to subdue the defendant. He responded by hitting all four of the officers at the home. He was charged with assault and battery on a police officer prohibited by G.L. c. 265 section 13D. Today was the arraignment date. We were able to negotiate pretrial probation under G.L. c. 276 section 87, unsupervised. All charges will be dismissed soon. 

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Our client and the "victim" (husband) were married for many years. A nasty divorce precipitated this case. According to a police report, our client stole checks from her husband and deposited them into her own bank account. The funds totaled in excess of $1,200 making the felony larceny in accordance with Massachusetts laws. She was charged with larceny from an elderly person in violation of G.L. c. 266 section 30(5). Our office was able to demonstrate that none of the money went into our client's account. We also showed that the husband had lied in the probate court and during a clerk magistrate that occurred before we were hired for the case. This information was provided to the district attorney's office. After reviewing the documents we submitted the district attorney agreed that the victim was lying. A nolle prosse was filed. All charges were dismissed. 

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In February of this year a man walked into a police station complaining that our client broke into his home and stole several thousand dollars worth of personal items. The police investigated the matter. They located the items in a car being driven by our client. Officers inquired about the origin of the property and he claimed that it belonged to him. The officers requested permission to look closely at the goods. Our client permitted them to do so. When it became apparent that the items had been stolen our client was identified and summonsed for a clerk magistrate hearing charging him with larceny from a building, G.L. c. 266 section 20A and breaking and entering in the daytime under G.L. c. 266 section 18. He was also charged with threats under G.L. c. 275 section 2 for supposedly telling the victim that if he said anything he would come back and kill him. Today, we convinced the clerk magistrate not to issue the complaint. 

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The defendant is a medical doctor practicing at a well respected local hospital. In July of this year police in his town were dispatched to a woman in distress. They arrived to find her covered in blood. She told the officers that she and her boyfriend, the defendant, had been drinking all day on his luxury sailboat. After boating the two argued over who would drive home. Finally, the defendant prevailed and started to drive home. The victim was adamant that she should be the driver. He would not let her and during the ride she struck him several times nearly causing an accident. He eventually responded by punching her in the mouth, causing her to bleed profusely from the lip and face. He was arrested and charged with domestic assault and battery in violation of G.L. c. 265 section 13M. Today, was succeeded in getting all charges dismissed.

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Over two years ago our client was involved in a motor vehicle accident. He was observed driving erratically, ultimately crashing into a tree alongside a busy road. The responding officer believed that our client had been drinking. Field sobriety tests were administered. Our client failed. Additionally, our client took a breathalyzer. He registered a .26, more than three times the legal limit. Our client was then arrested and charged wiht OUI under G.L. c. 90 section 24 and negligent operation, also under another section of G.L. c. 90 section 24. We succeeded in getting the breathalyzer test results excluded. Today, the day we were supposed to go to trial, the case was dismissed. 

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Our client is a well known physician in the greater Boston area. In March of this year he was at a friend's house celebrating a family milestone. He drank way too much, fell off of a stool and hit his head. He began to bleed profusely. The EMT's were called and the police responded with them. It quickly became apparent that our client needed medical attention. The police tried to escort him into the ambulance. He resisted and assaulted the officers. He was taken to the hospital, treated and summonsed for arraignment for assault and battery on a police officer under G.L. c. 265 section 13D. Today we negotiated pretrial probation under G.L. c. 276 section 87 with the district attorney's office. There are no conditions attached. This case will be dismissed in 9 months. 

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In July of this year our client was observed driving from an affluent town to a city saturated with narcotics distribution activities. Police took notice of his vehicle as he pulled next to another vehicle, entered that vehicle and drove away. Officers followed him and saw him park in a remote area. Several minutes later the police observed known drug users approach and enter his case. After these individuals left his car the officers formed the opinion that our client was engaged in some sort of drug distribution activities. They stopped him, searched him and found marijuana, a class D drug along with scales, baggies and a scale. All of this indicated that our client either was selling marijuana or intended to do so. He was summonsed for a clerk magistrate hearing charging him with possession with intent to distribute a class D substance, marijuana, in violation of G.L. c. 94C section 32C. Due to our client's age, lack of a criminal history and remorseful behavior we prevailed on the clerk not to issue the complaint. 

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Our client is a professional gambler who makes a significant amount of money playing in poker tournaments around the world. In December of 2018 he attended the funeral of a good friend's grandfather. One of the attendees was drunk and making crude remarks to some of the women. People took exception to his behavior and a fight broke out. During the fight our client was observed punching and kicking a man in the face. The police arrived and identified our client as the perpetrator. He was arrested and charged with assault and battery by means of a dangerous weapon, G.L. c. 265 section 15A, specifically a shod foot and assault and battery under G.L. c. 265 section 13A. COVID delayed the case for over two years. Today, all charges were dismissed. 

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Our client is an electrician working on residential and commercial projects. Many of his jobs require a background check and any criminal history results in his inability to work on that job. In September of 2021 a female college student flagged down a police officer and complained that a man in a parked car pulled out his penis and began to masturbate in front of her. The police approached the vehicle and made contact with the driver. The victim made a positive identification and the man was interrogated. He admitted to doing what the woman claimed he did. He later received a summons for a clerk magistrate hearing seeking to charge him with open and gross lewdness in violation of G.L. c. 272 section 16, a felony in Massachusetts. We appeared and defended the man at the hearing. Our presentation convinced the clerk not to issue the complaint. Instead, it will be held for a period of time and dismissed provided that the man not get into any criminal legal trouble. 

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Just a couple of weeks ago we succeeded in getting this client pretrial probation under G.L. c. 276 section 87. She had been charged with attempted larceny by check G.L. c. 266 section 37, forgery under G.L. c. 267 section 1, uttering a false check in violation of G.L. c. 267 section 5. Identical charges issued in this court. This prosecution took place in another court as the bank the crimes were committed at was in a different town. We obtained the same result in this case, pretrial probation. 

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In June of 2020 police were dispatched to the scene of an accident. They found our client behind the wheel of a car that had hit a utility pole. He smelled like alcohol. He was unable to put together a sentence. He failed all field sobriety tests and vomited in the police car on the way to the station. He was charged with OUI in violation of G.L. c. 90 section 24. We resolved the case with a continuance without a finding (CWOF) and the 24D first offender program. 

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Our client is a biomedical engineer with an impeccable record. In April of this year a family member contacted the police stating that our client was intoxicated and had struck her. Her story was supported by a neighbor who witnessed the entire incident. Our client denied doing this yet he was nevertheless arrested. He was charged with domestic assault and battery under G.L. c. 265 section 13M. We negotiated pretrial probation under G.L. c. 276 section 87 with the district attorney's office. All charges will be dismissed in six months. 

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Our client was indicted on charges of home invasion G.L. c. 265 section 18C and several other violent crimes. He was detained under the dangerousness statute when charged with these crimes in the district court. We got him out on a 58A appeal to the superior court. When he was indicted the district attorney's office again moved for detention under 58A. We convinced the judge not to order detention. The man was released on conditions.  

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Our client was charged with domestic assault and battery under G.L. c. 265 section 13M. We got the case continued without a finding (CWOF). He successfully completed probation and the charges were dismissed. Today, we had the case sealed under G.L. c. 276 section 100A. 

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Our client is a pharmaceutical student who cannot have a criminal conviction of any sort. Over the past 6-8 months she was involved with a man who had been scamming elderly people. His employment took him into assisted living facilities. There, he befriended the residents, obtained their trust and convinced them to write checks to himself. This man then used women with whom he had relationships. He would sign the checks over to them. He would then ask them to cash the checks. He told them he could not do this as all of his bank accounts had been frozen after someone hacked his accounts and stole his money. All of this was untrue but nevertheless convinced our client and others to unwittingly assist with his plan. Our client tried to cash the checks at two branches of the bank on which the checks were written. She was denied at both and subsequently received a complaint for forgery G.L. c. 267 section 1, uttering a false check G.L. c. 267 section 5 and attempted larceny by check G.L. c. 266 section 37. Convincing the district attorney's office that our client was in fact unknowingly participating in this they agreed to pretrial probation under G.L. c. 276 section 87. All charges will be dismissed and our client can continue with her education. 

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Back in February of this year police were called for a report of a large scale shoplifting operation at a major department store. When they got to the scene loss prevention had detained a woman who had concealed and placed into her car nearly $10,000.00 worth of goods. The officers reviewed security footage of the incident. An investigation followed. The results revealed that this woman had done this at this store and similar stores for over a year stealing nearly one hundred thousand dollars worth of goods. She was charged with larceny over $1,200 under G.L. c. 266 section 30. Establishing some several financial hardship for the woman, we convinced the district attorney's office to reduce the felony to a misdemeanor with the right to have disparate recommendations before the judge. We prevailed on getting a continuance without a finding (CWOF) for our client. 

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Our client is a prominent attorney working for a large nationally renowned law firm. In June of this year it is alleged that she rear ended another automobile and left the scene. A summons for a clerk magistrate hearing was served charging her with leaving the scene after property damage, G.L. c. 90 section 24. Today, we convinced the clerk magistrate not to issue the complaint. 

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Several weeks ago an urban police task force formulated a sting operation targeting people soliciting prostitutes. Two undercover police officers from different departments posed as prostitutes working the streets in a neighborhood known for high volume of prostitutes and people soliciting sex for a fee. Our client was driving through that neighborhood around 1:00 in the morning. He requested oral sex offering twenty dollars for such services. The undercover directed him around a corner where he was met by several police officers. He was identified and summonsed for a clerk magistrate hearing charging him with sex for a fee in violation of G.L. c. 272 section 8. We represented him and convinced the magistrate not to issue the complaint. 

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Our client has several degrees and holds the highest security clearances as a defense contractor. He is licensed to possess and carry a handgun in another state, not Massachusetts. Several months ago our client went to the airport with a carry on travel bag. He completely forgot that his handgun was in the bag. Airport security detected the bag as it rolled through the security conveyor belt. Our client was confronted by the police. He admitted ownership of the weapon. He received a summons for a clerk magistrate hearing charging him with carrying a firearm G.L. C. 269 section 10(a), carrying a loaded firearm G.L. C. 269 section 10(n), improper storage of a firearm G.L. C. 140 section 131L and carrying a concealed weapon in an airport G.L. C. 269 section 12F. Today was the clerk's hearing. We prevailed on the magistrate and the state police not to issue the complaint against our client given his employment history, lack of criminal record, proper licensing in a neighboring state and the overall agreement that this was an innocent mistake. 

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Our client is a truck driver living in the Midwest. He drives independently. He received most orders by text or email. His routes take him throughout the country. In the winter he was hired to pick up goods in Maine and deliver them to Massachusetts. Unbeknownst to our client, the delivery point was an airport. Our client followed directions on his GPS app. When he arrived at the location he was asked permission to search the cab of his truck. He agreed and a lawfully owned firearm was located. He was charged with G.L. C. 269 section 12F, carrying a gun on airport property.  This is a felony in Massachusetts. Today, we successfully got the prosecution to agree to pretrial probation under G.L. C. 276 section 87. All charges will be dismissed. 

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Our client is a local business owner with a college degree from a top 20 university. Several years ago he scaled the outside of an apartment building, stood on a balcony, tried to open the sliding door to the unit and masturbated in front of an elderly woman. He was arrested and charged with open and gross lewdness G.L. C. 272 section 16, attempting to commit and breaking and entering G.L. C. 274 section 6 and trespass G.L. C. 266 section 20. After several litigation battles and fervent negotiations with the district attorney's office we were able to get this continued without a finding (CWOF), unsupervised and with no conditions. All charges will be dismissed. 

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The defendant is charged with armed home invasion pursuant to G.L. c. 265 section 18C, possession of a firearm G.L. c. 269 section 10(a), carrying a loaded firearm G.L. c. 269 section 10(n), possession of a high capacity handgun G.L. c. 269 section 10(m) and several other violent crimes. Prior to our office getting retained he was held under the Massachusetts Dangerousness statute, G.L. c. 276 section 58A. We appealed that decision to the Superior Court earlier today. The judge agreed with us that our client should be released from custody. He is now home with his family. 

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The defendant is a physician at a well known Massachusetts hospital. In August of 2021, suffering from depression and enduring some unexpected family hardship the defendant attempted suicide. Endeavoring to do so the doctor used a patient's identification to access drugs in an effort to terminate his life. The defendant was found unconscious having deliberately overdosed from the drugs. He was revived and charged with violating G.L. c. 94C section 37, larceny of drugs from a registered person or entity. Only the Superior Court has jurisdiction over this type of criminal charge. The defendant was hospitalized and upon his release he engaged our office to represent him. We convinced the prosecution not to pursue charges given our client's exemplary employment history, the mental health issues from which he was suffering and his diligent efforts to combat his illness. The arraignment was continued and the case will not be prosecuted provided that our client refrain from any criminal activity and continue with his mental health treatments. 

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Several years ago our client was convicted of a sex crime and sentenced to jail. The conviction was for indecent assault and battery under G.L. c. 265 section 13H and assault and battery under G.L. c. 265 section 13A. We did not represent him at that time. The record of conviction was causing great hardship in his life. He could not coach his children in sports. He could not volunteer at their school. He could not apply for a promotion or another job for fear that his background check would disclose the conviction. He hired us. Today, all charges were sealed. 

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Several months ago we won a motion to dismiss very serious gun charges. Our client was charged with possession of a firearm G.L. c. 269 section 10(a), possessing a firearm with a prior gun or drug crime G.L. c. 269 section 10G, carrying a loaded firearm G.L. c. 269 section 10(n), possession of a firearm with a defaced serial number G.L. c. 269 section 11C and possession of a high capacity firearm G.L. c. 269 section 10(m). The district attorney's office agreed that the order dismissing the case was strong and would not be disturbed on appeal. Today, all charges were dismissed. 

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Our client is charged with gun possession under G.L. c. 269 section 10(a), home invasion G.L. c. 265 section 18C, trafficking methamphetamine under G.L. c. 94C section 32E and several related crimes. After we were retained we secured his release notwithstanding the G.L. c. 276 section 58A detention order that had been issued. Today, we had the conditions of release modified to permit our client to attend school. 

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Our client was the business manager/accountant for a small business in a Boston suburb. The owner of the business suspected him of stealing large sums of money. She went to the police department and met with a detective who assisted her in successfully applying for a criminal complaint. The man was charged with larceny over $1,200 G.L. c. 266 section 30, credit card fraud over $1,200 G.L. c. 266 section 37C and conspiracy G.L. c. 274 section 7. Our investigation took over three years due to the "victim" consistently interfering with our discovery efforts. Nevertheless, we prevailed on the district attorney's office to agree to pretrial probation under G.L. c. 276 section 87 for a period of 90 days. All charges will be dismissed before the end of the year. 

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In September of 2020 our client was charged with open and gross lewdness, a felony under G.L. c. 272 section 16. This man has some unfortunate mental health issues that prompt him to engage in a similar pattern of behavior. We have represented this individual in four cases such as this one. On this occasion, in the middle of the day the man was in a public parking lot with a full erection, exposed while masturbating. His lengthy mental health issues are well documented. We presented this to the judge and convinced her to continue the case without a finding (CWOF) as had been done on the other cases on which we represent him. Provided he sticks to his mental health plan this case, along with the others will be dismissed. 

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In January of 2021 a fifteen year old girl reported to the police that she had been sexually assaulted by her best friend's father at a New Year's Eve sleepover. The girl claimed that while she was sleeping she was awakened by our client with his hands in her pants rubbing the skin and pubic hair above her vagina. After the incident ended she told the defendant's daughter what had just happened. Nothing was reported to the police for over a week. Later that month our client was charged with indecent assault and battery on a child over the age of 14 in violation of G.L. c. 265 section 13H. We engaged a forensic psychologist to evaluate the defendant for risk assessment and sex offender proclivities. The evaluation was favorable. We presented it to the judge and convinced him to continue the case without a finding (CWOF). All charges will be dismissed provided our client remain free from criminal charges. 

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The defendant is nineteen years old. On August 22, 2022 he was driving a family member's car. He had several passengers in the car. The police pulled him over for allegedly running through a stop sign. The officer claimed that all of the occupants got out of the vehicle without being asked. One of the officers reported that our client, the driver, permitted him to search the car. The same officer reported that while searching, he observed a firearm in plain view on the floor of the passenger side of the vehicle. Our client and the others were arrested and charged with violating G.L. c. 269 section 10(a), unlawful possession of a firearm. A conviction for this carries a mandatory eighteen month jail sentence. Represented by another lawyer, the defendant was detained under G.L. c. 276 section 58A, the Massachusetts "dangerousness" law. We were subsequently hired. Our investigation produced a videotape of the officer violating our clients rights by conducting a full, non consensual search of the vehicle and finding the gun tucked under the passenger seat, not in plain view. With this information, we convinced the judge to release our client. 

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Several weeks ago members of an urban police department were conducting operations targeting establishments that serve alcohol to underaged people, particularly college students. Officers entered a bar known to serve students and obtained an driver's license from someone they suspected of being under the age of 21. The officers were correct in their observations and charged our client with a violation of G.L. c. 138 section 34B. This is a form of driver's license fraud. We were able to convince the magistrate not to issue a complaint. All charges were dismissed. 

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Several years ago our client was caught in a sting operation where he was soliciting sexual services for a fee. That conduct is prohibited under G.L. c. 272 section 53. Attorney Neyman secured pretrial probation under G.L. c. 276 section 87 for the man. Fearing that the case would sometime resurface we were asked to seal the case. Today, a judge allowed our petition to seal under G.L. c. 276 section 100C. 

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Nearly a year and one half ago our client was charged with malicious destruction to a motor vehicle under G.L. c. 266 section 28A. The client suffers from a severe mental illness that has resulted in several criminal complaints spanning four Massachusetts counties. Many of his cases have recently been resolved. None of the cases on which we have represented the defendant resulted in criminal convictions. Nor with this case. It is scheduled to be dismissed following successful treatment for his mental health issues. 

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Our client is a well decorated war veteran. Over a year ago, after a dispute with a co-worker our client was accused of spray painting his car. The damage was extensive. The charges against our client were malicious destruction to a motor vehicle which is a violation of G.L. c. 266 section 28a. That is a felony in Massachusetts, a conviction for which would leave our client unemployable. Additionally, these charges cannot be continued without a finding. A finding of guilty would also result in an indefinite loss of license. Today, we prevailed on the court to dismiss all charges prior to arraignment on the condition that our client pay restitution in full. The case is dismissed. 

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The defendant is a highly educated individual who became mentally ill in his thirties. He started exposing himself frequently and in random public places. He was treated by mental health facilities throughout Massachusetts for years. Occasionally, medications would work but relapses were common. Over the past few years the man was charged in several counties and courts for this conduct. Our office represents him on four of these cases in three different courts. All charges are for lewd wanton and lascivious conduct in violation of G.L. c. 272 section 53. Today, we were able to get two of those charges dismissed. 

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Recently we resolved a case in which our client was charged with assaulting someone with a firearm under G.L. c. 265 section 15B. The client was given a continuance without a finding for one year, administrative probation. Since he lives out of state the interstate compact law was triggered. This adversely impacted his ability to travel and imposed significant unexpected probationary hardships. We went back into court and modified his conditions of probation by terminating his probation early. The case is now officially dismissed. 

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In February of 2021 police responded to a motor vehicle crash on a major highway involving serious injuries to all occupants. Our client was identified as the driver. A rear seat passenger was seen reaching for a backpack and the front passenger was unconscious. EMT's arrived and transported the occupants to a local hospital. When searching the backpack for officer safety purposes one officer touched a heavy metal object he believed to be a firearm. A query indicated that none of the occupants had a license to carry a firearm. The officers applied for and obtained a search warrant. They seized the weapon. It was loaded. The serial number had been defaced. Our client was charged with carrying a firearm under G.L. c. 269 section 10a, carrying a loaded gun G.L. c. 269 section 10n, receiving a firearm with a defaced serial number G.L. c. 269 section 11, possessing a large capacity firearm G.L. c. 269 section 10m and being a felon with one prior violent crime or drug crime in violation of G.L. c. 10g. Today, following an argument on a motion to dismiss all charges were dismissed. 

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Nearly a year ago, our client, an independent truck driver, came to Massachusetts to pick up a load of goods. When he arrived at the designated location he was met by police officers. Apparently, the goods he was to pick up were purchased with a stolen credit card. The police then searched the truck and found thousands of dollars of stolen appliances in the truck. The man was driving a truck that was unregistered and uninsured. The plates were concealed and the man did not have a valid driver's license. He was arrested and charged with attempted larceny G.L. c. 266 section 30 and G.L. c. 274 section 6, receiving stolen property over $1,200 G.L. c. 266 section 60, unlicensed operation of a motor vehicle G.L. c. 90 section 10, operating uninsured G.L. c. 90 section 34J and concealing plates G.L. c. 90 section 23. We arranged for pretrial probation under G.L. c. 276 section 87 for the attempted larceny for a period of six months and all other charges were dismissed. 

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Several years ago our client received a continuance without a finding for a charge of lewd, wanton and lascivious conduct under G.L. c 272 section 53. He successfully completed probation and the case was dismissed. Fearing that this somehow could impact future employment, he asked us to petition to have the case sealed under G.L. c. 276 section 100C. Today the judge agreed to allow the petition and the matter is sealed. 

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Nearly a year and a half ago our client was at a public venue somewhat impaired after a day of drinking. There was a man who indirectly hurled insults at our client. Enraged, our client threw a beer bottle at the man that hit him in the head. Our client was charged with one count of assault and battery by means of a dangerous weapon under G.L. c. 265 section 15A. He hired Attorney Stephen Neyman to represent him. Negotiations for a just resolution the better part of the year failed and we pushed the case to trial. Today, the case was dismissed outright. 

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Our client is a professional athlete who was in Massachusetts competing in his sport. Lonely and away from home he searched the internet for some female companionship. He arranged to meet a woman at a local hotel. The two agreed to engaging is some specific sexual acts for a negotiated fee. Unbeknownst to our client, the woman was an undercover police officer. Our client was arrested and charged with sex for a fee under G.L. c. 272 section 53. Our office was able to get all charges dismissed. 

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Our client is a partner in a large law firm that does business throughout the United States. In August of 2019, a Massachusetts State Police Officer spotted her weaving in and out of traffic on a highway on the North Shore. He followed the car for over a mile and made a stop. He claimed to have conducted several field sobriety tests all of which our client failed. The client was arrested and charged with OUI in violation of G.L. c. 90 section 24. We tried this case today before a jury. The jury came back and found our client not guilty of all charges. 

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In December of 2020 a woman called 911 about a past domestic assault and battery. A detective went to her house to interview her about the incident. The woman related that nearly eight weeks earlier she and her husband got into a verbal dispute that turned physical. While arguing about the proposal of a divorce our client supposedly struck the woman several times, took her cell phone from her to prevent her from calling the police and smashed it on the ground making it unusable. He was charged with domestic assault and battery under G.L. c. 265 section 13M, intimidation of a witness under G.L. c. 268 section 13B and malicious destruction to property under $1,200 in violation of G.L. c. 266 section 127. The victim was adamant about our client having a conviction. Were that to happen he would be subject to deportation as he is not a United States citizen. Our investigator was able to demonstrate that the woman's claims were grossly exaggerated. As a result the district attorney's office agreed to pretrial probation under G.L. c. 276 section 87 for a six month period. At that time the case will be dismissed. 

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Our client is a pharmaceutical researcher with several high level academic degrees. He had been charged previously with an OUI in the early 2000's. In March of this year he was driving after having had some drinks. He struck an unmarked police vehicle that was parked on the side of the street. Witnesses reported the accident. The police responded and learned that our client had driven the car, struck the police car and left the scene. Our client was contacted by the police. He was unsteady on his feet, smelled like alcohol and admitted to drinking beer, hitting the car and leaving the scene. He was charged with OUI, second offense G.L. c. 90 section 24 and leaving the scene of an accident in violation of another section of G.L. c. 90 section 24. Over the objection of the district attorney's office we were able to get this case reduced to a first offense OUI, called a Cahill disposition. 

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In September of 2021 a woman walking through a parking lot observed a man masturbating in his car. Once he made eye contact with her he drove around her in the parking lot while continuing to masturbate in positions designed to have her see what he was doing. She called the police and identified the man, our client and the car he was driving. Police officers in a neighboring town stopped him and brought him back to the parking lot where he was positively identified by the woman. He was arrested and charged with open and gross lewdness G.L. c 272 section 16 and possession of a firearm while in the commission of a felony as police found a gun in his car, G.L. c. 265 section 18B. Our office was able to get the gun charge dismissed and the sex crime continued without a finding. 

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In November of 2021 a woman in southeastern Massachusetts went to her local police station and made a complaint that our client had been stalking her. She showed over 30 text messages from our client in one day alone all of which made sexual advances. The woman blocked our client's number. This did not help matters. He generated several hundred text messages from other devices, all of the same nature. He was charged with stalking under G.L. c. 265 section 43 and threatening to commit a crime under G.L. c. 275 section 2. Today, we got our client a continuance without a finding. All charges will be dismissed following a successful probationary period. 

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Several months ago our client got into a vicious argument with her boyfriend's former girlfriend. The argument became so nasty that our client threw a beer bottle at the girlfriend's car causing clearly visible damage. The police arrived. Our client admitted to the crime and was charged with malicious destruction to a motor vehicle under G.L. c. 266 section 28. That crime is a felony that has additional consequences. First, these charges cannot be continued without a finding. Second, a conviction of these charges results in a fine of twice the amount of damage sustained. Third, there is a loss of license associated with a conviction on this crime. Today, Attorney Neyman was able to get our client pretrial probation under G.L. c. 276 section 87. 

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Our client is a well known musician who was in Massachusetts during a concert tour. He met up with a former girlfriend for a few days. Several months ago police in a rural town responded to a call just after 1:00 a.m. for a domestic disturbance. The victim told the officers that following a dinner date the two were impaired and started arguing on the ride home. Our client allegedly started to punch her in the face while in the car. When they got home he pushed her against a dresser and started to strangle her. The police located our client and charged him with three counts of domestic assault and battery G.L. c. 265 section 13M, strangulation G.L. c. 265 section 15D, two counts of assault and battery by means of a dangerous weapon G.L. c. 265 section 15A and vandalizing property G.L. c. 266 section 126A. Today, we were able to get the case dismissed. 

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Our client is a non-citizen software engineer who was charged with domestic assault and battery under G.L. c. 265 section 13M. The victim is his wife. In October of 2020 she called the police complaining that her husband had just struck her following an argument over their infant son. She complained that this had happened many times in the past. The woman was invested heavily in the outcome of this case and insisted on pushing towards a conviction. Anything short of pretrial probation under G.L. c. 276 section 87 would likely result in our client losing his job and being deported. Our investigation showed that following this incident the victim made several other reports of our client's alleged criminal conduct in later occasions, all of which were proven to be false. She also fabricated stories in divorce proceedings against our client that we accessed and presented to the district attorney's office in pursuit of a favorable outcome. Today, we were able to secure pretrial probation for our client under G.L. c. 276 section 87. The only condition is that he completes a parenting class. 

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Over a year ago our client was charged with domestic assault and battery under G.L. c. 265 section 13M. Our office was able to get him pretrial probation under G.L. c. 276 section 87. The man successfully completed the probationary period and the case was dismissed. Fearing that prospective employers would be able to access information he asked us to petition to seal the case under G.L. c. 276 section 100C. Today, over the objection of the assistant district attorney the judge allowed our petition and sealed the case. 

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Our client is a software company CEO. Authorities alleged that over the course of several years, our client used electronic devices and social media to threaten, abuse and stalk someone who was dating her former boyfriend. After a contentious two day clerk magistrate hearing only one charge, threats under G.L. c. 275 section 2 issued. The stalking under G.L. c. 265 section 43 did not issue nor did the criminal harassment under G.L. c. 265 section 43A. Over the strenuous objection of the "victim" pretrial probation under G.L. c. 276 section 87 was imposed and the case will soon be dismissed. 

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In May of this year a woman entered a police station to make a complaint of an assault and battery involving a former family member. The woman told the police that she drove to our client's home to pick up her two children. When she got there our client supposedly confronted her in the car about her drinking and struck her several times. Our client was charged with assault and battery under G.L. c. 265 section 13A. At a clerk magistrate hearing today we got all charges dismissed. No complaint was issued. 

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Our client is an engineer with a PhD in biomedical engineering from a very prestigious local university. In August of 2020 police responded to her home when one of her children called complaining that he had been physically abused by his father. The responding officers investigated the situation. When they did they saw a large capacity firearm, not properly stored and near a minor. The woman was charged with violating G.L. c. 140 section 131L, improper storage of a firearm a felony with a potential prison sentence of 15 years. Any resolution short of pretrial probation under G.L. c. 276 section 87 would result in our client losing her job and likely being unemployable. Today, after nearly two years we were able to get her pretrial probation. 

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Our client is a physician who was in town for a major golf tournament. He responded to a advertisement for sexual services by going to a hotel to meet a prostitute. The only problem was that the prostitute was an undercover police officer. He was arrested and charged with sex for a fee under G.L. c. 272 Section 53A. Attorney Neyman was able to get the case dismissed prior to arraignment. 

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Our client is a non-citizen with a PhD in biophysics. The prosecution alleged that in January of 2020 our client and his mother engaged in a scheme to defraud their motor vehicle insurance company. They complained of an accident and personal injuries resulting from the negligence of another driver. Security footage showed otherwise, that there was no accident and that no one was injured. Our client and his mother were charged with making a false insurance claim G.L. c. 266 section 111 and attempt to commit a crime under G.L. c. 274 section 6. We fought successfully to avoid arraignment so that our client's efforts to obtain citizenship would not be in jeopardy. All charges are to be dismissed prior to arraignment. 

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In November of 2021 police responded to a call about a distress vehicle in the breakdown lane of a major highway. Responding officers saw the vehicle with a flat tire and significantly damaged rim. All indications were that the defendant drove for a lengthy period of time on the flat tire. Officers detected the odor of alcohol on the defendant. They had him perform several field sobriety tests. The defendant failed all of them. He was arrested. During the booking process officers located some cocaine and a pipe in our client's possession. He was charged with OUI G.L. c. 90 section 24 and possession of a class B substance G.L. c. 94C section 34. We scheduled the case for trial. Discovery obligations were not met by the prosecution. Consequently, today, all charges were dismissed. 

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On December 30, 2021 police in a suburban city responded to a 911 call for a domestic disturbance. The officers met with a witness who claimed to have observed our client severely beat his adult son after an argument over rent. Our client was arrested and charged with assault and battery under G.L. c. 265 section 13A. We were able to convince the prosecution that the allegations were untrue. As a result, the prosecutor moved the judge to dismiss the case. All charges were dismissed today. 

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In October of 2021 a multi department drug task force focused on our client, a known drug dealer in the Merrimack Valley area. Surveillance was set up in areas frequented by addicted people who would purchase small amounts of heroin and fentanyl to support their habits. The defendant's car was observed in the area multiple times. Drug deals were observed by the officers where someone using the defendant's car would make sales. The driver would meet up with the defendant, refill her supply and go back to make additional sales. The defendant was arrested and charged with distribution of a class B drug G.L. c. 94C section 32A and conspiracy to violate the drug laws G.L. c. 94C section 40. Knowing that the prosecution could not prove the case we scheduled this for trial. Today, the day of trial all charges were dismissed.

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Just before Christmas the defendant and his sister stole over $4,000.00 worth of clothing from a high end boutique. They wanted to surprise their parents with expensive gifts for the holidays. Both were caught and charged with larceny over $1,200.00 G.L. c. 266 section 30 and conspiracy G.L. c. 274 section 7. The clerk magistrate hearings were conducted separately as this defendant is a minor and his sister an adult. Today, the clerk agreed not to issue the complaint. All charges will be dismissed without a complaint provided the defendant remain free from legal trouble until the end of the year. 

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Our client lives in Florida. A few weeks ago he was charged with trafficking over 200 grams of cocaine in violation of G.L. c. 94C section 32E. He is facing a mandatory 12 year state prison sentence. Before we were hired to represent him bail was set at $100,000.00 with a condition that he wear a GPS and remain in Massachusetts were he to be released. Attorney Neyman was able to get the bail reduced to $5,000.00 and eliminated the GPS and Massachusetts residency requirements. The man is free to live in Florida while the case is pending. 

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In December of 2021, after some frantic banging on a window and door, a woman looked out of the window and observed a man masturbating aggressively. She called the police. The responding officers obtained a description of the man and located him a block away at a bar. A show up identification was made and the man was positively identified. He was charged with open and gross lewdness under G.L. c. 272 section 16. This is a felony in Massachusetts and can serve a a predicate to an obligation to register as a sex offender. Our office had the man evaluated by a forensic psychologist whose report convinced the judge to agree with our request to impose a continuance without a finding (CWOF). All charges against the man will be dismissed in a few months provided he remains free of all criminal legal troubles. 

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In September of 2019, around 1:30 in the morning a man was pulled over for driving in excess of 100 miles per hour. The officer testified that the man smelled of alcohol and admitted to drinking at a party. Several field sobriety tests were administered. Specifically, the horizontal gaze nystagmus, walk and turn and one legged stand. The man supposedly failed each test. According to the officer he asked to count in French during the one legged stand countdown, used his hands for balance on the walk and turn test and was falling significantly during the testing. He was charged with OUI, G.L. c. 90 section 24. He retained us to represent him. The case was delayed due to COVID. Just today we tried that case to a not guilty.

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Our client is an oil worker who lives and works in Louisiana. In December of 2020 members of an internet crimes task force focusing on the exploitation of children were conducting an investigation. The purpose of the investigation was to locate social media platforms being used to lure children into unlawful sexual activities. The task force identified a man, the defendant, masturbating and ejaculating and sending the video through social media to people purporting to be underaged girls. He was charged with disseminating obscene matter to a minor G.L. c. 272 section 28 and distribution of obscene matter under G.L. c. 272 section 29. These are both felonies and would require sex offender registration upon a conviction. Louisiana also charged the man with similar crimes under its statute. The defendant pleaded to a sentencing of probation in Louisiana. We were able to get the charges in Massachusetts dismissed. 

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Our client is a famous chef who owns several restaurants throughout the country. He has appeared on several television shows and at one time had his own culinary show. A former girlfriend took out a 209A restraining order against him over a year ago. Later, she claimed that he violated the order by hanging around the parking lot of her home, an area excluded by the restraining order. Our investigator did a great job gathering evidence showing that the victim and all supporting witnesses had lied about their observations. Accordingly, today the case was dismissed. 

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The defendant owns several car dealerships in Massachusetts. He has been involved in a tumultuous relationship with a very controlling individual. This past October a 911 call was made. The caller identified our client as her boyfriend. She claimed that he had strangled her, beat her and destroyed her cell phone. He was arrested and charged with strangulation G.L. c. 265 section 15D, domestic assault and battery G.L. c. 265 section 13M and malicious destruction to property under $1,200 G.L. c. 266 section 127. The woman had made several similar complaints about our client in the past year. In each case where we represented the defendant the charges were dismissed. We scheduled this case for trial at the first available date. Today, all charges, two misdemeanors and one felony were dismissed. 

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In 1993 our client was convicted of rape of a child with force under G.L. c. 265 section 22, indecent assault and battery on a child under the age of 14 G.L. c. 265 section 13B and kidnapping under G.L. c. 265 section 26. The convictions haunted our client for nearly 30 years. He was unable to work in certain industries. Obtaining a college degree was extremely challenging. Coaching his children's youth sports was impossible and having to register as a sex offender hampered his life extensively. He hired our office to seal these convictions, an arduous task given the severity of the charges. Today, pursuant to G.L. c. 276 section 100A we were able to get the convictions sealed. 

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Our client is a truck driver. In March of this year he and another man got into a dispute following a road rage incident in a crowded parking lot. The victim pulled a gun on our client and was charged with assault by means of a dangerous weapon G.L. c. 265 section 15B. Our client responded by kicking the man several times thereby dislodging the gun from his hand. Our client was charged with assault and battery by means of a dangerous weapon, a shod foot in violation of G.L. c. 265 section 15B. Both parties were summoned for a clerk magistrate hearing. After the hearing, no complaint issued against our client. 

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In April of this year our client and two other individuals were riding their motorcycles in a posh Boston suburb. Officers observed the individuals violating several motor vehicle laws. They attempted to stop the riders. Two of them took off and avoided apprehension. Our client did not. He was cited for several civil motor vehicle violations as well as a criminal charge, failing to stop for a police officer G.L. c. 90 section 25. We were hired to represent the man. All charges were dismissed earlier today. 

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Our client is a professional football player who was visiting a Massachusetts casino with friends late last year. According to police reports the man became unruly and damaged a chandelier on a casino elevator. The man's identity was easily obtained through security cameras. A summons for a clerk magistrate hearing seeking a vandalism charge, a felony in Massachusetts under G.L. c. 266 section 126A issued. At the hearing our office convinced the magistrate not to issue the complaint. 

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Our client is a registered nurse. In September of 2020 she went to visit her husband at his auto garage. When she arrived she confronted a patron who was not wearing a mask. The patron became rude and aggressive towards our client. The two argued. The "victim" told our client that she had been having an affair with her husband. This angered our client yet she refused to react physically. In an attempt to further antagonize our client the victim started to hit her. The police were called. The victim claimed that our client hit her with a tire iron. Our client's husband confirmed this and felony charges of assault and battery by means of a dangerous weapon under G.L. c. 265 section 15A issued. Today, Attorney Neyman tried the case. The verdict was not guilty. 

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Our client is a biomedical engineer with nearly forty years experience. He owns several patents and holds the highest security clearances available to civilians. In November of 2021 he and his wife had an argument. She claimed the argument became physical and that he struck her. Our client denies that any of this happened. The police were called. They aggressively subdued our client unnecessarily. This resulted in our client being injured. Consequently, and as is so often done, the police claimed that our client hit them. As a result, charges of domestic assault and battery G.L. c. 265 section 13M and assault and battery on a police officer G.L. c. 265 section 13D and resisting arrest G.L. c. 268 section 32B issued. The resisting arrest and domestic assault and battery charges were dismissed. The assault and battery on a police officer charges were generally continued for two weeks. This means that those charges will be dismissed in two weeks. 

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Prior to our involvement in this case our client was detained under the dangerousness law pursuant to G.L. c. 276 section 58A. He is charged with home invasion under G.L. c. 265 section 18C and multiple firearms offenses, one of which is under G.L. c. 269 section 10(a). We appealed the order of detention earlier today and secured the release of our client. 

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In August of 2021 police got a call for two women involved in a fist fight. One of the women told the officers that after finishing work she was hit in the face by the other woman. The officers were told that the initiator believed that her boyfriend, the defendant, was sexually involved with this woman. The police located the woman who was bleeding from her face and crying. She admitted to hitting the other woman. However she told the police that her injuries were the result of the defendant witnessing the earlier incident and retaliating. The defendant was arrested and charged with one count of domestic assault and battery under G.L. c. 265 section 13M. Today, the district attorney's office agreed to pretrial probation under G.L. c. 276 section 87. The case will be dismissed in a few months. 

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On February 14, 2021 a woman called her ex-boyfriend asking him to come over for dinner and possibly renew their relationship. The meeting did not go well. Within minutes the two started arguing. During the argument the defendant took the woman's cell phone. She tried to grab the phone. He then elbowed her in the lip. She tried to exit the apartment but he pulled her back in. She ran into her son's bedroom, locked the door and escaped through a window. She ran to a neighbor's house. The neighbor called the police. The police located the defendant, arrested him and charged him with domestic assault and battery G.L. c. 265 section 13M and intimidation of a witness G.L.c. 268 section 13B. Today was the trial date. All charges were dismissed. 

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In February of 2020 police officers in an Essex County city were called for a large-scale brawl at a local nightclub. The officers conducted several interviews of witnesses and participants in the mele. They also obtained video footage of the incident. Our client was one of the people charged in this case. The charges were assault and battery under G.L. c. 265 section 13A. Today, all charges were dismissed. 

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In late December of 2021 police were called by loss prevention to a high end department store located in a suburban mall. Two siblings had been detained. Loss prevention observed both concealing and ultimately stealing items valued at over $4,000.00 dollars. Exercising tremendous restraint and compassion, rather than charge the defendants with a felony the officers elected to proceed by way of clerk magistrate hearing and charged both with larceny over $1,200.00, a felony under G.L. c. 266 section 30 and conspiracy under G.L. c. 274 section 7. One of the siblings is an adult and the other a juvenile. Today, we convinced the clerk magistrate not to issue the complaint against the adult. The juvenile's case will be heard at a later date. 

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In February of 2020 police were called to a hospital emergency room for a call on a domestic dispute. The victim had been rushed to the hospital after being struck in the face with a rice cooker pan by her boyfriend, the defendant. The boyfriend admitted that he had done this yet claimed he had done so accidentally. The man was charged with assault and battery by means of a dangerous weapon under G.L. c. 265 section 15A. Also, the man is here on a student visa meaning that any conviction or admission to sufficient facts would result in a discontinuation of his privileges in this country and likely deportation. The case was litigated for over two years. Much of the delay was attributed to the pandemic. Prophylactically, the defendant entered and completed the certified batterer's program. In the meantime he maintained his relationship with the victim, graduated from college and entered a top 20 graduate business program in New York. Recognizing many difficulties in successfully prosecuting this case, as well as the defendant's efforts to address an anger issue, the district attorney agreed to pretrial probation under G.L. c. 276 section 87. All charges will be dismissed in one year. 

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In June of 2019, following a lengthy investigation, one of our clients was the target of a search warrant. The execution of the search warrant yielded several hundred pounds of marijuana and tens of thousands of dollars in cash. Our client was charged with trafficking marijuana under G.L. c. 94C section 32E. He was facing a mandatory minimum sentence of two years in state prison. This is one of those cases where the pandemic had a positive impact on a criminal defendant. Our client took advantage of the multitude of delays in this case to better himself. He worked hard. He was accepted into a top 20 MBA program. He entered the MBA program. He addressed a personal drug addiction that led to his drug dealing enterprise in the first place. Recognizing this, and showing a tremendous amount of compassion, the prosecutor in this case agreed to amend the charges to possession with intent to distribute marijuana under G.L. c. 94C section 32C. He then agreed that we could go disparate before the judge. The prosecutor would ask for a guilty finding and probation. We asked for a continuance without a finding. The judge accepted our recommendation. This was largely due to the defendant's lifestyle changes and the prosecutor's level handedness. The case will be dismissed once the defendant graduates from his MBA program. 

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Our client deals in antique cars throughout the country. In July of 2018 he was pulled over for several motor vehicle violations. The officers made him get out of his car, searched him and the interior of the vehicle and located a significant amount of marijuana and paraphernalia that indicated the drugs were intended for sale, not personal use. We challenged the legality of the stop, search and seizure a few years ago. We were able to suppress most of what was seized. What remained of the criminal charges was possession with intent to distribute marijuana under G.L. c. 94C section 32C. This is a misdemeanor in Massachusetts. Today, the district attorney agreed to pretrial probation under G.L. c. 276 section 87 for a 30 day period. All charges will be dismissed. More importantly, the money unlawfully seized from the defendant will now be returned to him. 

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On Christmas Day 2021 police officers is a Boston suburb were called to an apartment building for a complaint of a loud argument and apparent fighting. When they arrived there was no noise in the apartment aside from a woman's voice crying. The officers continued to knock for several minutes and finally a man, the defendant, opened the door. The officers entered the apartment and saw the crying woman who stated that the defendant punched her in the back of the head several times. The defendant denied punching her but did admit to pushing her off of him during an argument. The man, a prominent local music producer in town for a brief stint, was arrested and charged with domestic assault and battery under G.L. c. 265 section 13M as well as intimidation of a witness for breaking her phone. That crime is a felony under G.L. c. 268 section 13B. Today, all charges were dismissed. 

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In October of 2020 a woman entered the lobby of a police station to report that she had been sexually assaulted by a male relative. The victim was with a lawyer at the time of the initial disclosure. She claimed that this occurred twice. The first time the defendant pulled her close to him, hugged her, slipped his hands underneath her shorts and grabbed her buttocks. He then moved his hands to her front, touching the pubic hair area above her genitals. On the second occasion the defendant started rubbing her thigh towards her private areas. A complaint issued against the defendant charging him with two counts of indecent assault and battery under G.L. c. 265 section 13H. After one and a half years of preparation we succeeded in getting all charges dismissed. The defendant, who is not a citizen, would likely have been deported absent this result. 

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The defendant and victim were married several years ago. The marriage started to fall apart. As a result the defendant removed his wife from various bank accounts and family assets. Once she learned of this she confronted him. During the ensuing argument our client supposedly struck his wife. He was charged with domestic assault and battery under G.L. c. 265 section 13M. The wife appeared in court today to testify against our client. As a result, our client resolved this case with a continuance without a finding (CWOF). All charges will be dismissed. 

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Last April, police in a Massachusetts city responded to a domestic call. They were met by the victim who is married to the defendant. She was out of breath, bruised, cut and crying. She told the officers that she and her husband argued. The argument became tense. Frustrated, our client threw a medicine bottle at his wife, ran up to her, choked her and punched her several times in the head. This was witnessed by the couple's adult son.. The police made an arrest charging domestic assault and battery, G.L. c. 265 section 13M, assault and battery by means of a dangerous weapon, G.L. c. 265 section 15A and strangulation or suffocation, G.L. c. 265 section 15D. The latter two crimes are felonies in Massachusetts. Today, all charges were dismissed. 

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Our client is a truck driver. He was in Massachusetts for work. He spent the night in a suburban town. He went into a bar in the town to have a few drinks and some dinner. He and another person got into an argument at the bar. Our client supposedly threatened the other man with physical harm. The police were contacted. Our client subsequently received a summons for a clerk magistrate hearing applying for an assault and battery complaint under G.L. c. 265 section 13A. After a hearing the magistrate refused to find probable cause and the case was dismissed. 

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Our client is charged with trafficking cocaine in excess of 200 grams under G.L. c. 94C section 32E. He is facing 12 years mandatory minimum in prison if convicted. One of his conditions of release was to remain in Massachusetts. We were able to remove that condition so that he can travel freely. 

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Our client deals drugs for a living, typically marijuana. Over a year ago a police officer observed him driving a car in a parking lot known for its drug activity. The officer approached in an unmarked vehicle. Our client left, driving out of the parking lot at a high rate of speed and recklessly. The officer pulled him over. The officer proceeded to search the vehicle, the trunk, the occupants and anything that he could find in the car. Our client's girlfriend videotaped and audio recorded the incident. The officer located trafficking weight marijuana and charged our client with trafficking marijuana under G.L. c. 94C section 32E. The recording of the motor vehicle stop was presented to the judge during a hearing on a motion to suppress the search and seizure. That video recording convinced the judge to allow our motion. All marijuana has been suppressed. 

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Several months ago we represented a nurse charged with improper storage of firearms under G.L. c. 140 section 131L. We resolved the case by way of pretrial probation for one year under G.L. c. 276 section 87. Our client requested that we try to terminate the probation early. We were able to do so. Pretrial probation is now over and the case is officially dismissed. 

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Our client lives in a very expensive Boston suburb. She often takes her children to a local park. Several weeks ago she was at the park with her children and a friend. An unleashed dog ran up to our client, biting her and causing her to bleed. The dog owner ignored the incident, grabbed the dog and left. The injured woman went to confront the dog owner. While doing so she was physically assaulted. She responded in self defense. The police were called and each woman was summoned for a clerk magistrate hearing, charging each with assault and battery under G.L. c. 265 section 13. At the hearing we convinced the magistrate not to issue the criminal complaint. 

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The defendant is a high ranking airline executive who lives in another part of the country. In September of 2001 he was in Massachusetts on a business trip. He met up with a woman with whom he had gone on dates in the past. The two had a pleasant evening together. The next day the man flew home. Meanwhile, just after he left Massachusetts the woman reported that he had kidnapped her, strangled her, beat her and threw her cell phone away so that she could not call for help. The police who followed up found her badly beaten and bruised. As a result, they charged our client with domestic assault and battery G.L. c. 265 section 13M, intimidation of a witness G.L. c. 268 section 13B, kidnapping G.L. c. 265 section 26 and strangulation G.L. c. 265 section 15D. The woman did not appear today at trial to testify against our client. However, the district attorney attempted to prosecute this case using an excited utterance as an exception to the hearsay rule. The judge allowed our motion to exclude the 911 recording/excited utterance. Consequently, all charges were dismissed. 

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Our client is a college student charged with possession of a large capacity feeding device. This is a felony under G.L. c. 269 section 10M, punishable by up to ten years. It also mandates at least one year in jail or state prison for a conviction. After demonstrating that our client was improperly charged the district attorney's office agreed to dismiss the charges. 

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Several weeks ago we posted a case result after successfully arguing an unlawful search and seizure in a gun case. Our client was charged with possession of a firearm under G.L. c. 269 section 10(a) for which there is a mandatory minimum 18 month sentence upon conviction. The suppressed evidence resulted in the district attorney's inability to successfully prosecute the case. Today, all charges were dismissed. 

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Just a few days ago a local landscape company owner was arrested and charged with rape under G.L. c. 265 section 22. It is alleged that after a night of drinking he encountered a woman walking home on a dark city street. The two struck up a conversation. The man then walked with the woman purporting to walk her home. On the way home he forced her into an alleyway and forcibly digitally penetrated her. The prosecution moved for dangerousness under G.L. c. 276 section 58A requesting detention. After nearly a full day of hearing and argument the judge agreed to release our client. 

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Our client is a machine operator. Several weeks ago he responded to an online solicitation for sexual services. Following up on texts and phone calls, our client met with the person soliciting at a designated hotel room. Unbeknownst to our client, the individual was an undercover police officer. Our client was confronted and he provided his cell phone to the officer. It was quickly confirmed that the man had in fact been in contact with and involved in sexual services negotiations. He was summonsed for arraignment and charged with sex for a fee under G.L. c. 272 section 53A. Today, we were able to get our client pre-arraignment diversion under G.L. c. 276A. 

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Our client is charged with a violent home invasion under G.L. c. 265 section 18C. Prior to our office appearing on this case he was held under dangerousness pursuant to G.L. c. 276 section 58A. Since this is a superior court case detention was set at 180 days. The time expired and we successfully moved for his release. The judge allowed our request. Bail was set and conditions of release were imposed. Our client is out of jail at this time. 

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Our client is a law enforcement officer charged with indecent assault and battery under G.L. c. 265 section 13H. It is alleged that he had nonconsensual sexual contact with family member several years ago. He was arrested and a bail was set. He posted the bail and appeared for his arraignment. At the arraignment hearing the district attorney's office asked for an increased bail citing a flight risk. We succeeded in getting that request denied. We also had the judge vacate the bail order and let our client out on personal recognizance. 

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In August of 2021 police in a suburban Boston city responded to a motor vehicle crash. They found the driver, the CEO of an HVAC company unconscious behind the wheel. A civilian who witnessed the incident and called the police assisted before the police arrived by administering narcan and reviving the driver. Officers believed that man overdosed. He was summonsed for OUI drugs under G.L. c. 90 section 24. Our office was able to convince the judge that the prosecution was unable to identify the drug and that the suspected drug caused the man to pass out and impaired his operation of the vehicle. Accordingly, the case was dismissed. 

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Our client was charged with unlawful possession of a firearm in violation of G.L. c. 269 section 10A. If convicted he faced a minimum mandatory eighteen months in jail. From the day we were retained on this case we strongly believed that the man was targeted by the police and unlawfully stopped and searched. We contended that the initial stop constituted a seizure and was unlawful, that the officers lacked reasonable suspicion of criminal activity, that the stop was unreasonably prolonged, that the defendant's movements were not furtive, that there was no need for an exit order and that the pat frisk was unreasonable. The judge hearing the motion agreed with us and the motion was allowed. The case will be dismissed soon. 

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Our client is a pharmaceutical scientist with several PhD degrees. Just over a year ago the man called the police to his home believing that a woman in his home had just cut her arm off. The police entered the property and saw no woman. They quickly learned that this man was having a mental health issue and they had him taken to a local psychiatric hospital for an evaluation. In the meantime, while searching for the non-existent woman the police located firearms and ammunition. He was charged with unlawful possession of a firearm under G.L. c. 269 section 10(h), improper storage of a firearm under G.L. c. 140 section 131L and possession of ammunition without an FID card. Over the ojbection of the prosecution we convinced the judge to continue the case without a finding. All charges will be dismissed in a matter of months.  

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Before the laws in Massachusetts changed our client was charged with driving with an open container of alcohol in violation of G.L. c. 90 section 24I. Between the time he was charged and today the law changed thereby making this act no longer a crime. The charges were dismissed today. 

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The defendant is an engineer who was approached while in his car by several police officers. He refused to get out of his car and unlock the vehicle as demanded by the officers. The police ultimately broke his car window, pulled him out of the vehicle and arrested him, charging him with resisting arrest under G.L. c. 268 section 32B. We obtained a videotape of the incident and convinced the district attorney's office that prosecuting this case was not ethical. They agreed and filed a nolle prosse. The case was dismissed. 

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Our client is an engineer who recently graduated from college. He was at an outdoor bar and got into an argument with another patron, someone whom he had met at a party. The other patron claimed that our client hit him in the back of the head. He went to the police department and ultimately the clerk's office to file an application for a criminal complaint charging assault and battery under G.L. c. 265 section 13A. We convinced the clerk not to issue the complaint after demonstrating that the victim was applying for charges as a preemptive measure believing our client would do the same. 

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In December of 2016 police in a Massachusetts city got a call for a man breaking into a car at a particular location. They responded and found a man in the car holding a small bag of heroin. When he saw the police he ran only to be apprehended a few blocks away. He was arrested and charged with attempting to commit crime under G.L. c. 274 section 6 and possession of a class A drug, second and subsequent offense in violation of G.L. c. 94C section 34. The man had a very strong addiction. He ultimately defaulted and moved to Florida. He got help and several months ago and contacted us to remove his default so that he could travel and come back to Massachusetts to address the pending case. The man provided documented proof that he had been in a residential treatment facility for over two years. This convinced the district attorney's office to nolle prosse the case. The charges are dismissed. 

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On January 22, 2022 police were called to a high end clothing store for a report of a theft. Loss prevention personnel met the officers to advise that they observed a woman stealing items the value of which exceeded $1,200, thereby making the crime a felony in Massachusetts. A clerk magistrate hearing was scheduled charging a violation of G.L. c. 266 section 30A. We convinced the clerk's office that our client, a well know figure in the entertainment industry, had been suffering from depression and anxiety, that she had no prior record and that all of the merchandise had been returned, uncompromised. Based on that and our representation, no complaint issued. 

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This past summer a woman was in her bathroom getting ready to go out when she heard a noise outside of her suburban home. She looked out the window and saw three men with hooded sweatshirts trying to get into her basement. She immediately yelled out to the men. One of them looked up. His hood came off and she recognized him as her husband's former business partner. She believed that this man intended to break into her home to steal business machines the ownership of which the men were disputing. She called the police. The man was located and given a summons for a clerk magistrate hearing charging him with attempt to commit a crime under G.L. c. 274 section 6. Today we successfully defended the allegations. No complaint issued.

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Our client is a nurse who at the time of this incident was working at a renowned Boston hospital. In late June of 2020 police were dispatched to an address for a domestic disturbance. They encountered the victim who roomed with our client. This woman complained that following an argument our client struck her in the face with a closed fist and pulled out a clump of her hair. Our client denied the allegations and told the officers that it was the victim who was the primary aggressor and that our client only struck her in self-defense. A summons for a clerk magistrate hearing charging domestic assault and battery under G.L. c. 265 section 13M issued for our client. COVID slowed the process and yesterday the matter was heard. We presented a percipient witness who corroborated our client's version of the events. The clerk magistrate did not issue the complaint and the matter is now over. 

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Our client received a continuance without a finding on an OUI, G.L. c. 90 section 24D, receiving stolen motor vehicle under G.L. c. 266 section 28, leaving the scene with property damage G.L. c. 90 section 24, malicious destruction to property over $1,200 G.L. c. 266 section 127 and other related motor vehicle crimes. A condition of his probation was restitution. Our office vigorously litigated what we believed were frivolous claims made by the victim in this case. A restitution hearing pursuant to Commonwealth v. Henry took place over several different court dates. Today we prevailed on the judge to deny restitution to the victim. Our client owes no money. The CWOF ends shortly and all charges will be dismissed.

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Our client is a software engineer with a high security clearance. Last March he and his wife got into a verbal argument over her intention to divorce him. The argument turned physical when our client refused to sign the divorce papers. She told the police that he threw her on the bed. When she tried to call the police he grabbed her cell phone. He was arrested and charged with intimidation of a witness G.L. c. 268 section 13B and domestic assault and battery G.L. c. 265 section 13M. After several months of discovery and negotiations we were able to secure pretrial probation under G.L. c. 276 section 87 for our client. This case will be dismissed shortly. More importantly, this will have no adverse impact on our client's professional status. 

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Our client is a detective with several years of service. In June of last year police were directed to a posh suburban neighborhood for a call that a woman was bleeding. The victim was in a dating relationship with our client. After an argument she began to pack her belongings, threatening to move out of the couple's home. She told the police that he tried to stop her. When it was clear that she was not going to stay he grabbed her cell phone and struck her with it on the head several times causing lacerations and significant bleeding. Our client was located a short time later and arrested. He was charged with domestic assault and battery, G.L. c. 265 section 13M and assault and battery by means of a dangerous weapon under G.L. c. 265 section 15A. Anything short of a dismissal or an acquittal would result in our client losing his job. We scheduled this matter for trial as soon as the courts could hear the case. Today, all charges were dismissed. 

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In April of 2021 police in a Boston suburb responded to a 911 call for a domestic assault and battery. They immediately spoke with the complainant who stated that her husband came home from work and found their two children crying. One of the children told him that their mother had struck them with a water bottle when they refused to obey her. Upon learning this the defendant grabbed his wife, struck her and pushed her down on the kitchen floor. The defendant was arrested and charged with domestic assault and battery under G.L. c. 265 section 13M. The victim made clear her position that she did not want her husband prosecuted. The district attorney's office continued to press their prosecution. In order to resolve the case we scheduled the matter for trial. The wife did not appear. The district attorney was not able to proceed and the case was dismissed. 

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Our client is out on bail with strict conditions of release. On several occasions he has asked us to move the Court to modify his conditions of release to have his GPS removed so that he can attend events that prohibit him from entering with the device. Bail in Massachusetts is governed by G.L. c. 276 section 58 and in some cases G.L. c. section 58A. The latter statute permits a judge to set conditions including home confinement, GPS monitoring, cash bail and other measures. In this case, the judge and the prosecutor have agreed with our motions to modify the conditions of release on several occasions to accommodate employment, medical issues and economic matters. 

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The pandemic has brought several changes to the legal system, particularly as to case management. Some counties now require what are known as trial readiness conferences. One of the purposes of these proceedings is to determine whether the prosecution will actually be able to prosecute a case or if it will be dismissed due to a legal inability to prosecute. Domestic assault and battery cases are ripe for these proceedings. If the complaining witness is uncooperative and the district attorney cannot proceed without him/her then the case will be dismissed at this proceeding. Today, we attended a trial readiness conference for one of your clients charged under G.L. c. 265 section 13M, domestic assault and battery. The complaining witness had previously voiced her intention not to assist with this prosecution. The prosecutor tried to get past the obstacle by requesting the judge to permit a witness to testify to what he heard the woman scream at the time of the crime. This is what is known as the excited utterance exception to the hearsay rule. The judge denied this motion and the case was dismissed given the prosecutor's inability to proceed without the statement. 

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The defendant is an entrepreneur involved in several lucrative businesses. One of these businesses involves the purchase and resale of commercial fencing. The defendant would buy surplus fencing on the internet or from wholesalers, store them and resell at opportune times depending on market demand. A competitor was searching the internet for similar products. He came across the defendant's listing and made false and unsubstantiated claims that the fencing the defendant was selling was his and had been stolen from him. Unscrupulous police officers seized this opportunity to obtain a search warrant for the defendant's property. Naturally the fencing was on the property as advertised and it was seized. We successfully argued a motion to suppress the unlawful search. Today the case came before a judge who agreed that without the fencing the district attorney could not prosecute the defendant for these charges, receiving stolen property in excess of $1,200.00 in violation of G.L. c. 266 section 60. As a result our motion to dismiss was allowed. 

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