Case Results » Probation Violations

Our client was on probation for OUI in violation of G.L. c. 90 section 24. She had been accepted to college however the college made clear that no student could start school while on probation. Our office was hired to have the probation terminated. We successfully ended the probation and our client will be able to start college in the fall. 

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Several years ago the defendant pleaded guilty to several counts of possession of child pornography in violation of G.L. c. 272 section 29C. Our office did not represent him at that time. The probation was interfering with the man's life. He is a business owner who needs to travel throughout the country. He also had contracts with many government agencies that were terminated due to his probationary status. Our office was hired to get the probation terminated. Today, we succeeded in doing so. 

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Our client is a computer software engineer. Our office secured pretrial probation pursuant to G.L. c. 276 section 87 for his domestic assault and battery charge, G.L. c. 265 section 13M. His father who lives in another country recently became sick. Since our client is not a citizen, traveling overseas during the pendency of the pretrial probation would put him at risk for not being readmitted to the country should he visit his father. Rather than put our client at risk we successfully moved to terminate his pretrial probation 6 months early. 

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We succeeded in getting a man pretrial probation under G.L. c.276 section 87 for a charge of open and gross lewdness, G.L. c. 272 section 16. A condition of the pretrial probation was for our client to continue with counseling and provide proof to the probation department. The practitioner with whom he treats does not provide receipts or acknowledgements thus proof of compliance was difficult. The probation officer decided to file a violation notice to alert the judge to the problem. We appeared and got the violation dismissed. 

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Our client got a continuance without a finding on an OUI case we represented her on. She received the first offender 24D program. She completed all of her probationary obligations. As a result, we moved the Court to terminate probation early. Our motion was allowed. Probation has been terminated and is now over. 

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The defendant is on probation for an assault and battery case under G.L. c. 265 section 13A. Our office did not represent him in that case. Subsequently, the man was charged with domestic assault and battery G.L. c. 265 section 13M. Attorney Neyman succeeded in getting that case dismissed last week. However, the probation officer in the court hearing the assault and battery case served our client with a probation violation notice asking that he be found in violation of probation. Our office was able to prevail upon the probation officer to withdraw the violation notice and the judge then dismissed the matter. 

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Our client is the manager of a local department store who is on probation for intimidating a witness in a violent sexual assault case in violation of G.L. c. 268 Section 13B. We did not represent him on that matter. A few days ago his probation officer called him to advise him that there was a warrant for his arrest in another court on a shoplifting charge under G.L. c. 266 Section 30A. Our office was hired after the man received the call. Today, we went into court to have the warrant removed. We were able to convince the district attorney's office to dismiss the new case prior to arraignment subject to our client making restitution on the shoplifting matter. The case was dismissed and the probation department will not move forward on a probation surrender. 

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Our client was on probation for a domestic assault and battery after his case was continued without a finding. Our office did not represent him on this case. Subsequently, the man was charged with the same offense alleging similar acts against the same victim, G.L. c. 265 Section 13M. The probation department moved to surrender the defendant based on the new charges. Attorney Neyman was hired for the probation matter and the new case. After a probation violation hearing, Attorney Neyman was able to keep the continuance without a finding subject to the original probationary conditions and avoid a guilty finding and a jail sentence. 

Read More in G.L. c. 265 Section 13M

Our client is an engineer with an MBA from a top 20 business school. Several months ago he was tried and convicted of domestic assault and battery, G.L. c. 265 Section 15M and intimidation of a witness, G.L. c. 268 Section 13B. Our office did not represent him on that case. Part of his sentence was the imposition of a GPS tracking device. The man hired Attorney Stephen Neyman to represent him on appeal. The first thing our office did was move the trial judge to remove the GPS tracking device. Over the objection of the assistant district attorney the judge allowed the motion and the GPS was removed. 

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The defendant was charged with indecent assault and battery on a hotel worker, G.L. c. 265 Section 13H. The case was high profile. At the time the defendant was a student at a prominent university visiting Boston. After over a year of litigation we were able to secure a continuance without a finding for the accused. He was recently accepted to a graduate program at the same institution. The CWOF would appear in background checks until such time as the probation terminated and the case was dismissed. Thus, without terminating probation the school would have rescinded the acceptance. Attorney Neyman was hired by the defendant to go back into court and move to terminate the probation. Today, we succeeded in that endeavor and the case was dismissed.

Read More in Indecent Assault and Battery

The defendant is a graduate student in the process of completing her Masters program at a local university. She was recently accepted for a doctorate program in another state. Several months ago we were able to secure for her pretrial probation pursuant to G.L. c. 276 Section 87 on a serious case. The term of probation was to run until May of 2019 when she is scheduled to graduate. However, her student visa is expiring and the pending probationary status would prevent her from having it extended. Furthermore, the PhD program would not permit her to enroll with probation pending. Attorney Neyman went into court and over the objection of the complaining witness and the district attorney's office he was able to have the judge terminate probation.

Read More in Pretrial Probation

A few weeks ago our client received a continuance without a finding for leaving the scene of an accident with property damage, G.L. c. 90 Section 24 and assault and battery, G.L. c. 265 Section 13A. That result typically restricts travel and requires the defendant to remain in state until the probationary period expires unless they have permission for the probation department and a judge. Our office went into court and got a judge to modify this condition to permit our client to travel freely without having to report to the probation department.

Read More in Assault and Battery

Several years ago the defendant was convicted of assault and battery by means of a dangerous weapon. Our office did not represent him at this trial. Part of his sentence resulted in probation. In September of this year the man was arrested and charged with possession with intent to distribute cocaine, Class B in violation of G.L. c. 94C Section 32A. His probation officer immediately surrendered him. Attorney Neyman was hired. Today, we were able ton convince the judge not to incarcerate our client and to reprobate him.

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The defendant has been charged with domestic assault and battery and child endangerment. A condition of his release is to take a sobriety test three times per day. It is alleged that on Sunday, the defendant failed to take a test and also failed to respond to the calls from the probation department. The man was arrested yesterday. The district attorney's office learned of the violation and moved to have bail revoked, claiming in part that this was the man's second such violation. Attorney Neyman was able to get the man released from custody and to remove the probation warrant.

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The defendant owns a mid-sized construction company in the Merrimack Valley. He was on probation for various drug and theft offenses. Earlier this summer his probation officer filed a notice of violation against him after failing a drug test. The case was continued until today for his final probation violation hearing. Attorney Neyman was hired to represent him. After the hearing Attorney Neyman convinced the judge to modify and terminate probation.

Read More in Drug Crimes

Over two years ago the defendant was placed on probation after being involved in a very serious motor vehicle. The crime charged was OUI and negligent operation of a motor vehicle. The conditions of probation were onerous. The defendant was required to submit to random drug and alcohol screens and refrain from using drugs or alcohol. He recently hired Attorney Stephen Neyman to represent him and get the probation modified or terminated. Today, Attorney Neyman was able to do both. On some counts probation was terminated. On one remaining count probation was modified from supervised to unsupervised. No fees are due.

Read More in DUI Defense

The defendant was on probation for an OUI that occurred in 2014. This past fall he was arrested and charged with a second OUI and drug possession. The probation department moved to revoke his probation and send him to jail. The defendant hired Attorney Stephen Neyman who successfully fought the efforts of the probation officer to have the defendant incarcerated. However, the judge extended probation. Today, Attorney Neyman filed and argued to have the extension of the probation removed and to have probation terminated. The motion was successful and probation was terminated.

The defendant, a chemical engineer received a continuance without a finding out of the Lynn District Court for a heroin possession case several months ago. He reoffended in Dorchester and the Lynn Probation Officer moved to have him violated and held in custody. He then hired Attorney Neyman who convinced the judge not to hold him and to continue the probation violation hearing for several weeks. That hearing was scheduled for today. Attorney Neyman, working with the probation officer was able to get the probation violation request withdrawn. In essence, the probation case against the defendant has now been dismissed.

The defendant is a twenty-six year old man who received a continuance without a finding on an OUI case last year. He was about six weeks short of completing his 24D program and picked up another OUI in Newburyport, this one for operating under the influence of heroin. That occurred on December 29, 2014. His probation was revoked and the probation officer convinced the judge to hold him as a result of several probation violations and a lack of local roots. Attorney Neyman was then hired to represent the man. Today, we were able to get him released from jail and his continuance without a finding was preserved.

The defendant had been placed on pretrial probation in March of this year and one other time prior to that for a drug distribution charge. He later was charged with assault and battery out of the Waltham District Court. Attorney Neyman was able to get that case nolle prossed however the issue of pretrial probation remained alive in the Brighton District Court. Today, Attorney Neyman successfully urged the assistant district attorney and the judge to keep the pretrial probation in tact. All charges will be dismissed in June of 2015.

Several months ago the defendant was placed in pretrial probation pursuant to Massachusetts General Laws Chapter 276 Section 87. He was subsequently charged with OUI. The charge alone constituted a violation of the pretrial probation. Attorney Neyman resolved the OUI case quickly and favorably. Today, with Attorney Neyman present the defendant went before the judge on the probation violation. All conditions were kept in tact. Pretrial probation is still in effect and no criminal charges were revived.

In June of 2013 Framingham, Massachusetts police responded to a call for two women engaged in a fist fight. One of the women alleged that the defendant became physically aggressive with her when her children were being dropped off after a visit with a parent and step-parent. One of the children present went to help the complainant after which it is alleged that the defendant struck this child violently and kicked her. The defendant was already on probation for OUI. Additionally, she has a significant criminal history totaling five pages of criminal entries. In addition to the criminal charges a probation violation hearing was scheduled for a probation surrender. Today, Attorney Neyman was able to get probation terminated notwithstanding the allegation that the defendant was in violation of her probation.

In July of 2013 our office succeeded in getting pretrial probation imposed for an engineer accused of malicious destruction to property over $250, a felony in Massachusetts. Pretrial probation was to run until July of 2014 at which time the case would be closed. The client was recently awarded a promotion at work requiring him to relocate and effective only if the case was closed. Attorney Neyman went back into court for the man, three months early and was able to get pretrial probation terminated. The case is dismissed and closed.

Brockton District Court: In 1996 the defendant was charged with Possession With the Intent to Distribute Class A and Class B Drugs, Breaking and Entering and Possession of a Class D drug. He was placed on probation and ordered to have drug testing, counseling and to report to probation. The defendant defaulted and moved to Puerto Rico. Last month the defendant hired Attorney Neyman to remove the probation warrant and to represent him at the Probation Surrender Hearing. Today, our office was able to get the judge to terminate probation.

Wrentham District Court: Our client is a local college student who was given a continuance without a finding several months ago for a drug charge involving an school zone violation. Among the terms were random drug testing and screens as well as a reporting requirement. The probation department served our client with a Probation Violation notice claiming that he had not complied with the conditions of probation and that he had moved out of state without permission, another violation. Today, Attorney Neyman successfully defended the client. No violation of probation was found.

South Boston District Court: Police applied for three complaints against our client. In one, it was alleged that he was parked outside of his ex-girlfriend's apartment in violation of an existing restraining order. In another, it was alleged that our client violated the restraining order on a different occasion by making several phone calls and sending e-mail and Facebook messages. Additionally, it was alleged that on yet another occasion, our client called this woman 30 times in a 24 hour period and followed a pizza delivery man into her apartment building to bang on her door. Denise Dolan of our office represented our client at a clerk's hearing. Two of these applications were dismissed and one was continued to be dismissed in 7 months.

Middlesex Superior Court: A default on a trafficking in a class B substance case eventually caught up to an out of state defendant. The defendant faced serving up to five years in prison on a twenty-six year old case for defaulting on a suspended sentence back in 1986. Attorney Neyman's office engaged in negotiations with the Superior Court probation department. Following argument by counsel which emphasized the defendant's accomplishments over the past number of years, the Judge agreed to terminate the defendant's probation. The defendant did not serve any prison time.

Milford District Court: The defendant was charged with three felonies including larceny over $250, malicious destruction of property and larceny by check in a Massachusetts District Court. Over twenty years ago the defendant moved out of state not realizing that there were outstanding warrants for his arrest.

The 1987 warrants eventually caught up with the defendant and prevented him from carrying out his work obligations. Attorney Neyman's office tracked down the warrants and after a lengthy negotiation all charges were dropped against the defendant.

Hingham District Court Docket Number 06-1919. The defendant is a contractor living in Virginia. He was on probation out of the Hingham District Court for an OUI dating back to 2006. He was in violation of his probation for failing to pay court fees and fines and for failing to complete the alcohol education program assigned to first offenders. A warrant had issued for his arrest. He was looking at a possible jail sentence for violating the terms of his probation. Attorney Stephen Neyman succeeded in getting the probation surrender dismissed.

Marlborough District Court Docket Numbers: 99-1043 and 98-2013. In 1998 the defendant was charged with two counts of distributing marijuana. The case was continued without a finding requiring the defendant to remain free from trouble for eighteen months. The judge imposed an alternative sentence of at least 6 months in jail and up to 18 months in jail if the defendant violated the terms of his probation. The defendant did in fact violate probation by failing to complete a program, paying the fines that were imposed and by failing to report to his probation officer. He also picked up a new case, being a minor in possession of alcohol. The defendant remained in default for nearly 10 years. He surrendered himself and retained our office to defend the criminal accusations he faced. Attorney Neyman succeeded in getting the probation officer to agree to terminate probation provided the defendant pay the outstanding fines. We also succeeded in getting the alcohol charges dismissed outright.