Case Results 2009 Continued

July 21, 2009

Attempt to commit a crime, conspiracy and disorderly conduct charges to be dismissed against New York teenager

Peabody District Court Docket Number: 09-0661. The district attorney alleged that on April 9, 2009 officers were dispatched to a store after a 911 caller observed the defendant and another covering their faces with bandanas and hoods. The officers located both individuals. Once they realized they had been detected the two fled. The police located both suspects and placed them under arrest. During questioning our client admitted that the two intended to rob a store and that only after police intervention were their plans interrupted. Our office was able to get the district attorney to agree to continue this case without a finding for one year with unsupervised probation. If you client remains free from trouble for the next year the case will be dismissed.

July 13, 2009

Domestic assault and battery case dismissed against Cambridge real estate broker

Cambridge District Court # 09-1614. The client is a real estate broker in Cambridge, Massachusetts living in Arlington, Massachusetts. The prosecution alleged that on July 6, 2009 police responded to a dispatch at the defendant's home. His wife answered and complained that the defendant struck her. There were marks on the wife's face consistent with having been hit. Attorney Neyman was hired and advanced the case to an earlier date so that the defendant would not have these charges hanging over his head. Today our office succeeded in getting the case dismissed.

July 7, 2009

Charges of negligent operation of a motor vehicle and unlicensed operation dismissed against Boston investment banker

Quincy Court Number 09-3387. The prosecution alleged that on May 31, 2009 a Massachusetts State Trooper was conducting stationary LIDAR on Route 93. The defendant was clocked at ninety four miles per hour and was subsequently stopped. The officer detected the odor of alcohol and had the defendant perform some field sobriety tests. She failed. She subsequently blew a .21 on the breathalyzer test. She was arrested and charged with OUI, negligent operation of a motor vehicle, speeding an driving unlicensed. We convinced the office of the district to dismiss the operating to endanger, the unlicensed operation and the speeding. The OUI was continued without a finding subject to a completion of the 24D program.

June 29, 2009

Negligent operation of a motor vehicle charges dismissed against Florida man who was in default for ten years

Clinton District Court Docket # 95-0666. The defendant was from Florida. In 1995 he was in Massachusetts driving in Worcester County. He came upon a sobriety checkpoint and refused to stop. He was chased for five or six miles and clocked at speeds of over 110 miles per hour. The police determined that his driving privileges had been suspended in Massachusetts for other offenses. Charges of operating to endanger and operating after a suspended license issued against our client. He defaulted on the charges. Subsequently he hired Attorney Stephen Neyman who brought the case forward, removed his default and succeeded in getting all charges dismissed.

June 17, 2009

Charges of assault and battery against California man dismissed at Clerk's Hearing

Brighton District Court. The prosecution alleged that on May 16, 2009 our client was in a bar in Brighton, Massachusetts with some friends. He was visiting from California. During the course of the day a discussion with the complaining witness began. The discussion became contentious. Our client took exception to some of the remarks being made by the victim and struck him in the face causing facial damage. Our client is a former Division 1 football player who attended a major California University on scholarship. The victim applied for a complaint against our client charging him with assault and battery. Attorney Neyman succeeded in getting the clerk magistrate not to issue the complaint. The application was dismissed.

June 15, 2009

Charges of assault and battery against suburban Boston accountant will not issue after Clerk's Hearing

Haverhill District Court. The complainant was a sixteen year old boy who claimed that while riding his ATV in the town of Boxford, Massachusetts the defendant struck him in the head several times. He reported the incident to the police who responded and filed a report. The complainant was advised by the police of his right to file an application for a complaint in the Haverhill District Court. The complainant did so. Attorney Neyman appeared to contest the issuance of the complaint. He succeeded in convincing the clerk magistrate to refrain from issuing the complaint. No criminal charges issued.

June 11, 2009

Charges of larceny over $250 and receiving stolen property over $250 not prosecuted against local college student

Boston Municipal Court Docket # 09-2339. On March 26, 2009 Boston police were called to an upscale retail store in Boston's Back Bay. They were met by store managers who had detained a local female college student. The authorities alleged that the female had stolen over $1,200 worth of merchandise. She was witnessed by store security cameras placing dresses in a bag and walking out of the store without paying for the goods. Officers then observed several other items in the bag bearing tags from another local retail store. Our client was unable to produce a receipt for those items and the manager of that store was contacted. It was subsequently learned that those items were also stolen and had a value of $1,250. Attorney Neyman succeeded in getting the judge to impose pre-trial probation for a period of one year. If the defendant remains free from criminal trouble during that time period the case will not be prosecuted.

June 9, 2009

Felony charges of larceny over $250 dismissed prior to arraignment

Quincy District Court Docket # 09-2809. The prosecution alleged that the defendant, a local college student, and others were responsible for stealing from a business for which they were working. In January of 2009 the store manager called the police after she learned that about $49,000 worth of items were taken from the store. The responding detective interviewed the manager and several store employees. All of the employees admitted to stealing from the business. One of them implicated our client who was the assistant manager of the store during the time frame in which the theft occurred. Our client never spoke with the police. On the date of arraignment Attorney Stephen Neyman succeeded in getting a judge to dismiss the complaint against our client, prior to arraignment.

May 13, 2009

Insurance fraud charges against Boston businessman to be dismissed

Quincy District Court Docket Number:  09-1115.  The prosecution alleged that the defendant, a former insurance claims adjuster called them to modify various terms in his automobile insurance policy.  The company complied.  Subsequently, and within a few weeks the company began getting insurance claims from the defendant that implicated the newly obtained terms.  The insurance company began making payments. When the claims kept coming in they became suspicious and launched an investigation.  They determined that the defendant had been fabricating the claims and a complaint issued.  Today our office succeeded in getting the case continued without a finding.  If the defendant stays free from criminal legal troubles over the next eighteen months the case will be dismissed. 

May 12, 2009

Charges of larceny over $250 will not issue against Rhode Island man

Barnstable District Court # 09-1375.  Our client was charged with larceny over two hundred fifty dollars in the Barnstable Court.  The prosecution alleged that the defendant went into a shop in Sandwich, Massachusetts and stole an item with a significant retail value.  Attorney Neyman was hired to represent the defendant at a clerk's hearing.  He succeeded in persuading the magistrate not to issue a complaint against our client.  Had a complaint been issued, our client would have had to defend a felony allegation. 

May 11, 2009

Charges of operating without a license dismissed against resident alien

Lowell District Court Docket # 09-3192.  The prosecution alleged that our client, a resident alien from Mexico was operating a motor vehicle without a driver's license in Lowell, Massachusetts on May 9, 2009.  Through a random plate check the police determined that the owner and perhaps operator of the vehicle was unlicensed.  The police pulled the car over.  Our client was the operator.  He had no license in his possession and it was later learned that he was operating without a license.  Attorney Neyman was able to get all charges against our client dismissed.

May 8, 2009

Charges assault and battery and malicious destruction of property dismissed at  clerk's hearing against local college student

Brookline District Court # 09CM51.  The prosecution and complainant alleged that on February 27, 2009 a local college student was having dinner with a woman at a local restaurant.  A male friend of the woman arrived at the restaurant and sat down to have dinner with the two.  An argument ensued during which it was alleged that our client struck the other man.  The two men and woman left the restaurant where the dispute continued.  It was further alleged that during the altercation the defendant broke the door to the restaurant.  Earlier today our office succeeded in getting all charges against the defendant dismissed.  No complaint will issue. 

May 5, 2009

Charges of uttering and possessing counterfeit money dismissed against Colombian man

Waltham District Court # 09-0913.  The prosecution alleged that on April 28, 2009 officers were called to a hotel for a report of a man trying to pass counterfeit to pay for is room.  The hotel clerk checked the bills with a counterfeit pen, a standard practice in that hotel.  After marking the bill he noticed that the color came back indicating that the money was counterfeit.  He called the Waltham police who arrived and questioned the suspect.  They found out he is a Colombian citizen currently residing the United States with several recent known addresses.  The defendant was arrested and met by federal agents during booking.  He was charged with uttering counterfeit money and possession of counterfeit currency.  Attorney Stephen Neyman was hired and today succeeded in getting the district attorney to nolle prosse (dismiss) all charges. 

May 4, 2009

Attorney Neyman succeeds in getting sentence vacated and freeing Boston man from jail

Dorchester District Court # 08-7968.  On April 9, 2009, after a two day jury trial a Boston man was convicted of receiving stolen property and assorted motor vehicle crimes.  He was sentenced to jail.  Attorney Neyman was hired one week later to get the man out of jail.  Our office immediately filed a motion for a new trial.  We interviewed witnesses who were not called to testify at trial and gathered evidence that had not been submitted in the defendant's behalf.  After an evidentiary hearing this morning in Dorchester the trial judge agreed to revise and revoke the defendant's sentence and he was immediately released from jail. 

April 15, 2009

Charges of assault and battery dangerous weapon, domestic assault and battery  dismissed.

Lynn District Court Docket Number:  09-1278.  The prosecution alleged that on March 13, 2009 Saugus police officers were dispatched via a 911 call claiming that a woman was in need of medical attention after a fight with her husband.  When the officers arrived they observed the woman wearing only a bathrobe crying and apparently in distress.  She claimed that her husband threw her down a flight of stairs and beat her.  The officers then located the defendant.  They were forced to break down his front door after which he was apprehended.  Today Attorney Stephen Neyman succeeded in getting all charges dismissed.

April 10, 2009

Charges of malicious destruction to property over $250 and assault and battery on a police officer dismissed.

Boston Municipal Court # 98-3539. In 1998 the defendant was observed by a witness breaking glass windows on stores in downtown Boston. He then threatened passersby, destroyed dozens of potted plants and screamed obscenities at innocent civilians. The police were called. The defendant was arrested. During the booking process the client became violent and punched one of the police officers in the face with his fist. The defendant defaulted for over ten years. Today he surrendered himself and Attorney Neyman was able to get all charged dismissed.

April 6, 2009

Charges of violation of probation dismissed against Virginia man.

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.

March 25, 2009

Charges of domestic assault and battery and malicious destruction of property over $250 to be dismissed against Boston music industry executive.

Boston Municipal Court # 09-0599. The prosecution alleged that on February 22, 2009 Boston police officers were dispatched to a Back Bay apartment. When they arrived they found the victim screaming to them from her upstairs window. She threw them her apartment keys so that they could secure access to the building. They entered and found the defendant, drunk in the hallway outsider her door. The victim then reported that she and the defendant had been out drinking and went back to her home. An argument erupted during which the defendant assaulted the woman and destroyed her carpet, lamp, rug and a music device. Attorney Neyman convinced the district attorney and the judge to continue the case without a finding. Provided the defendant remain free of criminal legal troubles for the next year the case will be dismissed.

March 20, 2009

Charges of larceny over $250 dismissed at clerk's hearing.

Roxbury District Court. Police at a local college investigated allegations that the defendant had been stealing credit cards and using the credit cards to make online purchases. The goods were sent to a designated location where they were accessed by an accomplice and subsequently sold for cash. In addition, it was alleged that the defendant had stolen money from another student at the school. The defendant was summoned to court for a clerk's hearing. At that hearing Attorney Neyman persuaded the clerk magistrate to dismiss all charges.

March 3, 2009

Larceny charges against college freshman dismissed

Boston Municipal Court # 09-1497. The prosecution alleged that on February 28, 2009 our client, an eighteen years old college freshman entered an upscale boutique and stole a significant quantity of merchandise. When the woman exited the store security alarms were activated. Store security personnel stopped her found the property and obtained a statement wherein she admitted to the theft. The next day our office was retained to represent the woman in court. On March 3, 2009 Attorney Neyman succeeded in getting the client pre-trial probation. Provided that she remain free from trouble for six months the case will be dismissed.

February 24, 2009

Charges of possession with intent to distribute heroin, cocaine and school zone violation dismissed

Roxbury District Court # 08-4767. On August 31, 2008 Boston Police Officers were in an area of Roxbury watching a group of males congregating. At that time, the defendant, our client was sitting in the driver's seat of his car conversing with the other members of the group. As the officers approached they smelled fresh burnt marijuana and noticed that someone had thrown a marijuana cigarette (blunt) in the grass. The officers inquired if any of the gang were carrying weapons. The defendant admitted to possessing a knife. The police retrieved the knife and searched him for other weapons. In the process they found several separately packaged bags of heroin and cocaine on his person. All of this occurred within 1,000 feet of a school zone. The defendant was facing a 2 year minimum mandatory sentence on the school zone violation. The defendant hired Attorney Stephen Neyman to defend him. Today, Attorney Neyman succeeded in getting all charges dismissed.

February 12, 2009

Charges of malicious destruction to property over $250 against Boston man to be dismissed

South Boston District Court # 09-0041. On January 11, 2009 Boston Police responded to a call for vandalism in progress. When they arrived on the scene they were met by a man who complained that when he got home he parked in a space in front of his home. The defendant, a neighbor then came out of his home with a hammer, smashed the windows to the victim's car and damaged the passenger door as well. The defendant told the police that he had just shoveled the snow and that the victim took his parking spot. Charges of malicious destruction to property followed. The case was continued without a finding for 60 days. Provided the defendant remains free from trouble for the next two months the charges will be dismissed.

February 9, 2009

Charges of domestic assault and battery against Boston man dismissed

Quincy District Court # 08-4574. Officers from the Milton Police Department reported that on July 3, 2008 while on patrol they were dispatched to the area of Brush Hill Road for a woman screaming for help. The officers contacted the woman who stated that she was in a fight with her boyfriend, the defendant. According to the woman, the defendant became jealous when a neighbor came over to say hello. The defendant subsequently disconnected the phone became angry and kicked a kitchen chair. The woman left the house. The defendant followed her in his car and struck her with the automobile causing injuries. Our office succeeded in getting all charges against the defendant dismissed.

February 2, 2009

Drug charges, possession of class B dismissed against New Hampshire man

Boston Municipal Court # 09-0872. On February 1, 2009 at around 2:50 a.m. Boston police observed a motor vehicle drive through a red light at the intersection of Kneeland Street and Harrison Street. As the officers approached the vehicle they saw the defendant and his passenger lean into the middle of the console appearing to conceal an object. The police approached the vehicle, asked the occupants to get out of the car and conducted a pat down frisk. In the process of doing so officers observed a small plastic bag with a rock-like substance on the passenger side floor. The substance turned out to be methamphetamine. The defendant stated that the passenger had done nothing wrong insinuating that he was responsible for the drugs. Attorney Neyman succeeded in getting all charges dismissed against the defendant on the arraignment date.

January 30, 2009

Charges of sexual assault and battery to be dismissed against college student

Dudley District Court Docket Number: 08-3842. On October 19, 2008 Dudley police were dispatched to a local college in response to a reported sexual assault and battery. Officers interviewed a female student at the college who reported that at 2:15 a.m. she was with the defendant in her dorm room. She reported that she began performing oral sex on him. During the course of the act the female decided to stop after which the defendant tried to force her to continue. The complaining witness then began screaming. The defendant threw her on the bed, tried to disrobe her and bit her on the neck. He then tossed her belongings around the room and left. Attorney Neyman was retained to represent the defendant. He succeeded in having the case continued without a finding for 6 months. Provided the defendant remains free of all criminal legal trouble this case will be dismissed at the conclusion of the 6 month period.

January 20, 2009

Drunk driving charges dismissed on day of trial

Brighton District Court # 08-0391. Massachusetts State Police alleged that on March 15, 2008 at 11:15 p.m. the defendant was pulled over at an OUI roadblock or sobriety checkpoint. The driver, a New York man was identified and ordered to produce his license and registration. The trooper responsible for the investigation detected an odor of alcohol and asked our client how many drinks he had the evening. He supposedly responded that he had four beers. The trooper further observed the defendants' speech to be low, thick and slurred. He was unable to adequately perform the "finger-to-nose", "one-legged-stand" and "heel-to-toe" field sobriety tests. The man refused to take a breathalyzer test and he was arrested. Today, the day of trial Attorney Neyman succeeded in getting the charges dismissed in their entirety.

January 15, 2009

Assault and battery charges against Lynn woman dismissed

East Boston District Court # 08-1220. In September 2008 Attorney Neyman succeeded in getting unarmed robbery charges against this client dismissed. Charges of assault and battery and assault and battery by means of a dangerous weapon remained open. Our office succeeded in convincing a clerk magistrate that the complaining witness actually initiated the incident and was in fact responsible for committing a crime of violence on our client. A complaint issued against that person. Today that case was dismissed pursuant to an accord and satisfaction. The case against our client is now closed.

January 7, 2009

Alcohol charges dismissed and probation surrender proceedings terminated against Marlborough man

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.

January 2, 2009

Pre-trial probation for Newton man charged with domestic assault and battery.

Newton District Court Docket # 08-0888 . The prosecution alleged that on November 21, 2008 at 10:30 p.m. Newton Police Officers responded to a call for a report of a domestic disturbance. Upon their arrival they spoke with a neighbor who reported that he heard loud noises as if people were wrestling. They were also yelling and screaming. Officers then entered the defendant's home. They observed furniture overturned and personal items appearing to have been thrown around the home. The victim was interviewed in a room separate and apart from the defendant. She reported that our client struck her in the face with a closed fist. The police observed marks consistent with the woman's representations. Attorney Neyman succeeded in getting pre-trial probation for our client pursuant to Massachusetts General Laws Chapter 276 Section 87. Provided he remains free from criminal problems the case will be dismissed. If our client does not successfully complete his probationary period the prosecution can do no more than reinstate the charges against the defendant and he will be able to fight the case.