Case Results 2011
December 22, 2011
Charges of operating an uninsured vehicle and operating an unregistered motor vehicle dismissed after clerk’s hearing
Dorchester District Court: Our client, a Boston software developer, was stopped by state police for driving an unregistered vehicle. His insurance had been cancelled as a result of a missed payment. Police sought a criminal complaint. At a clerk’s hearing today, our office succeeded in getting the complaint application dismissed.
December 21, 2011
Possession With Intent to Distribute Class D, School Zone Violation Dismissed Against College Student
Wrentham District Court: The prosecution alleged that on September 16, 2011 local college campus police were dispatched to a dorm for a complaint of loud noise and a student being locked out of his room. Upon arrival the officers detected the odor of fresh marijuana. The officers knocked on the door and the students inside the room gave the police permission to enter. The odor of marijuana increased upon their entry. Stems and seeds were in plain view. Officers continued a search throughout the room and noticed a duffel bag with a ziplock bag sticking out. Torn baggies were found, a scale and a box cutter. A safe was also located and permission to open and search the safe was given. Inside the safe was a larger quantity of marijuana contained in several equally weighed packages. Charges of Possession With Intent to Distribute Class D and a School Zone Violation were filed. Attorney Neyman was hired. Today, the felony charges were dismissed and a lesser charge of simple possession was continued without a finding.
December 15, 2011
Charges of assault and battery dismissed before arraignment
Woburn District Court: The prosecution alleged that our client beat and injured the alleged victim to the point that the alleged victim had to visit the hospital. Our client and the alleged victim had gotten into an argument because the alleged victim was dancing and flirting with our client’s former boyfriend at a night club. Today, Denise Dolan of our office succeeded in having the charges dismissed prior to arraignment. There will be no CORI entries.
December 9, 2011
Charges of sexual conduct for a fee to be dismissed
Brockton District Court: The prosecution alleged that our client attempted to pay an undercover police officer for sexual favors. Specifically, it was alleged that after our client had a short conversation with the officer, who was presenting herself as a prostitute, the officer asked our client if he “wanted to party.” Our client responded by saying that he “just wanted a blow job.” The undercover asked our client how much money he had, and our client offered her $40. The defendant retained our office to represent him, and the charges will be dismissed in six months.
November 30, 2011
Charges of negligent operation so as to endanger dismissed after clerk’s hearing
Dedham District Court: Police alleged that our client, a local sales professional, accelerated out of sight at a speed of up to 50 mph in a 30 mph zone and sped through an intersection before crashing into a tree. Police determined that our client impacted the tree at 60 mph or more. Police sought a criminal complaint for negligent operation so as to endanger. Our office was able to get the application for those charges dismissed today at a clerk’s hearing.
November 21, 2011
School Zone Violation, Drug Conspiracy Charges Dismissed Against Local College Student
Brookline District Court: The prosecution alleged that on August 6, 2011 a Brookline, Massachusetts police officer was conducting surveillance in a park associated with recent disturbances. The officer observed two males meet up in the park. He overheard them discussing what he believed to be a drug transaction. He then saw one of the males open a ziplock bag that contained what marijuana. After that he saw a transfer of the substance from that man to another person. The officer effectuated an arrest. He interrogated the individuals and quickly learned that they had just been supplied by another man, a local college student whom surveillance saw driving in the area. Police were dispatched to this person’s home. He was apprehended in a parking lot adjacent to his home. In his possession the police found a large quantity of money and drugs consistent with being possessed for the purpose of sale. The defendant, our client admitted to selling the drugs. Earlier today, Attorney Neyman was able to get the School Zone charge and a Conspiracy charge dismissed. The remaining charge was continued without a finding. If the defendant remains free from criminal trouble for the next six months the case will be dismissed.
November 14, 2011
OUI Case Against Internet Executive Dismissed Prior to Trial
Haverhill District Court: The defendant in this case was a high tech executive working at a large internet company in California. The prosecution alleged that on June 10, 2011, a local police department stopped the woman driving with her high beams on and without any taillights. The officer immediately detected an odor of alcohol and observed the woman’s eyes to be bloodshot and glassy. She admitted to having been at her class reunion and to have been drinking. She failed three out of four field sobriety tests. A portable breathalyzer test resulted in a .095 reading. She was charged with OUI. The woman retained Attorney Stephen Neyman to defend her. The case was scheduled for trial today. Our office was able to get the case dismissed.
October 19, 2011
Charges of Sexual Conduct for a Fee Dismissed Against Boston Real Estate Developer Prior to Arraignment
Boston Municipal Court: The prosecution alleged that on July 19, 2011 Boston Police Detectives were conducting an investigation into prostitution activities using backpage.com. Officers contacted and identified a female who was heavily entrenched into advertising her services, fees and locations for conducting business. An undercover operative learned that the woman was from Sacramento, California and traveled extensively to avoid detection and diversify her clientele. She would move throughout major cities, staying for a few days and making a significant sum for her services. During the course of the investigation it was learned that a major Boston real estate developer was regularly using her services when she came to Boston. This was confirmed through credit card receipts, surveillance and ultimately the woman’s identification after her apprehension. The defendant hired our office to defend him. He received a summons to appear in court today. Attorney Neyman succeeded in getting the charges dismissed prior to arraignment. There will be no CORI entries.
October 5 , 2011
Felony Charges of Malicious Destruction to Property Over $250 and charges of Breaking and Entering dismissed against Boston advertising executive
Roxbury District Court: The prosecution claimed that on April 3, 2011 Boston Police were called for a disturbance. They arrived to find the first floor window of a home totally smashed in and the interior of the home ripped apart. The living room was destroyed, the bedroom ransacked and several household items were broken and on the floor. Witnesses at the scene identified our client as the person who committed these acts. Complaints for felony Malicious Destruction to Property Over $250 and charges of Breaking and Entering issued. Today Attorney Neyman succeeded in getting all charges dismissed.
October 4 , 2011
Harassment Prevention Order does not issue against South Shore developer
Plymouth District Court: The complainant alleged that our client, a developer from the South Shore cut down a substantial amount of trees on her property. She further alleged that on several occasions our client shouted obscenities at her and approached her in a threatening manner. The abuse continued for a one year period causing the complainant severe emotional problems warranting mental health treatment. Also, on several occasions the complainant called the police who in turn suggested that she and her husband apply for a Harassment Prevention Order. They did. Earlier today a hearing was held in the Plymouth District Court. Attorney Neyman was able to prevent the issuance of the Harassment Prevention Order.
September 29, 2011
Charges of Assault and Battery on a Police Officer, Resisting Arrest, Assault and Battery and Disorderly Conduct to be dismissed against Boston man
Boston Municipal Court: The prosecution alleged that on October 28, 2009 Boston Police were called to a disturbance on Stuart and Warrenton Streets in Boston, Massachusetts. They arrived to find an affray which allegedly involved our client, a local musician. The combatants refused commands to stop and officers got involved in an effort to end the fight. According to the police report our client then grabbed a police officer, punched him in the face and in the head. He then threw two to three punches to the officer’s face. An arrest was made and charges were filed. Today, Attorney Neyman was able to get pre-trial probation for the defendant.
September 22, 2011
Charges of Road Rage, Malicious Destruction of Property Over $250 against local senior software engineer dismissed after Clerk’s Hearing
Woburn District Court: The prosecution alleged that on July 20, 2011 Massachusetts State Police were notified about a road rage incident having occurred on Route 128 (95) southbound in Woburn, Massachusetts. Police arrived to interview the victim who stated that while jostling for lane access the victim gave our client the finger. The parties exited the highway, still engaging one another. While at a red light our client got out of his car, confronted the victim and kicked his car. The investigating officer found a shoe print in the side of the car that matched our client’s shoe. The car was significantly damaged. Today, Attorney Neyman succeeded in having the charges dismissed. No complaint will issue.
September 21, 2011
Application for shoplifting charges dismissed after clerk’s hearing
Salem District Court: Police alleged that our client, a dental hygienist, entered a department store with one of the store’s bags and proceeded to conceal a household appliance in the bag. Our client was apprehended upon leaving the store, and police applied for a criminal shoplifting complaint against her. Denise Dolan of our office represented her at a clerk’s hearing today, and the complaint application was dismissed.
September 20, 2011
Application for complaint charging Negligent Operation of a Motor Vehicle, Failure to Stop for a Police Officer dismissed after Clerk’s Hearing
Wareham District Court: On August 7, 2011 shortly before 6:00 p.m. a Rochester, Massachusetts police officer observed a car traveling 57 in a 40 mile per hour zone. The officer followed the car and activated its lights. The car failed to stop for the officer and continued its high speed of travel for about two miles. The officer eventually effectuated a stop and approached the driver, a recent college graduate and media marketing executive. She was charged with Failing to Stop for a Police Officer and Operating to Endanger. The defendant hired Attorney Stephen Neyman to defend her. After a Clerk’s Hearing all charges were dismissed.
September 20, 2011
Charges of operating after a suspended license dismissed
Brookline District Court: Our client, a local realtor, was stopped by police after an officer ran a check on his license plate, identified him as the registered owner, and discovered that his license was suspended. According to the prosecution, our client’s license had been suspended since April of 2011. Our client was arrested and charged with operating after suspended license. Denise Dolan of our office was able to get these charges dismissed upon payment of court costs today.
September 16, 2011
No complaint for woman charged with Leaving the Scene of an Accident, Destruction of Property
Lowell District Court: On March 24, 2011 a Tewksbury, Massachusetts police officer was dispatched to an hysterical woman complaining that she was stopped at the stop sign on Salem Road at Main St. about to bear right onto Main Street when a car being driven by our client came out of no where and hit her Black Honda CRV on the drivers side door and left quarter panel. The defendant did not stop. The victim got her plate number and called 911. The car being driven by our client was stopped a short time later. Our client was detained. Shortly thereafter she was identified by the victim. Charges of Leaving the Scene of an Accident and Destruction to Property were applied for. Attorney Neyman was able to prevent the issuance of a criminal complaint at a Clerk’s Hearing earlier today.
September 16, 2011
209A restraining order vacated
Brighton District Court: The mother of the defendant’s child sought the extension of an abuse prevention order, claiming that the relationship deteriorated as a result of our client’s drinking habits. She claimed that while drinking, he would become offensive and put her in fear for her physical safety. She claimed that she fled from the couple’s California home with their infant son because of this and that since that time, he had contacted her with threatening messages. Today, Denise Dolan of our office was able to get the order vacated.
September 15, 2011
Charges of distribution of a Class C drug to a minor reduced; case continued without a finding
Milford District Court: It was alleged that our client sold clonazepam pills, a Class C drug, to a minor who ultimately overdosed while at school. After being released from the hospital, the minor provided police with the remaining pills and his cell phone, which contained a series of text messages detailing the drug transaction. Our client was charged with distribution of a class C drug to a minor, which carries a mandatory minimum sentence of 2 ½ years in state prison or 2 years in the house of correction. Our office was able to get the charge reduced to distribution, and the case was continued without a finding.
September 9, 2011
Charges of domestic assault and malicious destruction of property over $250 dismissed
Falmouth District Court: It was alleged that our client got into an argument with his girlfriend inside of a hotel room, during which he smashed a lamp and assorted items and created three large holes in the wall. It was also alleged that our client caused his girlfriend to fear physical harm as a result of the violent outburst. He was arrested and charged with domestic assault and malicious destruction of property over $250. Today, Denise Dolan of our office was able to get these charges dismissed
September 8, 2011
Charges of Operating to Endanger against Boston businessman dismissed after Clerk’s Hearing
Lawrence District Court: The prosecution stated that on July 19, 2011 just before midnight police were dispatched to the scene of an accident on Route 93 northbound. They arrived to find a woman suffering from injuries. An ambulance was called. Witnesses stated that a car being driven by our client was traveling at 70 miles per hour. It failed to brake for a car in front of it. Our client was interrogated by the police at the scene. He admitted to being distracted by his car radio just prior to the crash. Further investigation revealed the presence of Marijuana and Drug Paraphernalia in the car. Attorney Neyman was hired to defend the man at a Clerk’s Hearing. All charges were dismissed.
August 31, 2011
Charges of trespassing and disturbing a public assembly to be dismissed
Roxbury District Court: Our client, a local college student, was arrested and charged with trespassing and disturbing a public assembly after allegedly jumping a wall at Fenway Park during a game and running onto the field. Our office was able to get the case continued without a finding for only 3 months, meaning that all charges will be dismissed in 3 months provided that our client stays out of criminal legal trouble.
August 26, 2011
Harassment Prevention Order Against Public School Teacher Vacated
Woburn District Court: The complainant alleged that our client, a public school teacher committed several acts of violence towards her and made some criminal threats as well. As a result, the woman sought and obtained a temporary Harassment Prevention Order. Attorney Neyman was hired to appear on the return date to attempt to vacate the order. The complainant stated in her affidavit that our client broke into a home to obtain personal information, including cell phone information. With that information our client supposedly called and threatened the complainant with physical harm. The threats were supported by putting nails in the complainant’s car tires and following the her to New Hampshire where she flattened a tire while the complainant attended a wedding. Our office succeeded in getting the Harassment Prevention Order vacated today.
August 25, 2011
258E harassment prevention order not granted
Roxbury District Court: The plaintiff filed a complaint for protection from harassment against our client, a fitness professional at a local gym. The plaintiff alleged that our client harassed her at the gym while she was pregnant. According to the plaintiff, the unborn child belonged to our client’s husband, and the purported affair resulted in the alleged verbal abuse. After our office was retained to represent the defendant, the harassment prevention order was not granted.
August 19, 2011
Pre-Trial Probation for New York Man Charged With Three Counts of Assault and Battery on a Police Officer, Malicious Destruction of Property Over $250
Wrentham District Court: The prosecution alleged that on January 17, 2011 the defendant, a New York man was taken into custody for acting unruly at the Patriots-Jets playoff game. After being booked the man resisted officers’ attempts to place him in a cell. He then started banging his head against the cell door and was subdued to avoid inflicting injury on himself. During this process the defendant started kicking and hitting several local police officers. This required him to be subdued with a stun gun. During the altercation one of the officer’s eye glasses were broken. The defendant was charged with three counts of Assault and Battery on a Police Officer and one count of Malicious Destruction of Property in Excess of $250. Attorney Neyman was hired to defend him. We were able to get him pre-trial probation for six months. He will have no criminal record.
August 18, 2011
Man Charged with Larceny Over $250 and Shoplifting Gets Pre-Trial Probation
Wrentham District Court: The defendant, a recent college graduate was charged with a felony and a misdemeanor after the Walpole, Massachusetts conducted a theft investigation. According to the prosecution, On May 27, 2011 local police were informed that the defendant, a Walmart employee had been involved in a theft scheme that started about six months earlier. The defendant and others would perform price overrides on different items so that they could get DVDs, Blue Rays and Video games for significant less than the price to which employees were entitled. Corporate headquarters flagged the improprieties, the defendant and others were charged and the defendant confessed to the crimes. Attorney Neyman was able to get the defendant pre-trial probation pursuant to Massachusetts General Laws Chapter 276 Section 87. He will have no criminal record.
August 16, 2011
Charges of Possession With Intent to Distribute Drugs , School Zone Violation, Trafficking Dismissed After Successful Motion to Suppress
West Roxbury District Court: About one month ago Attorney Neyman filed and successfully argued a motion to suppress a search conducted with a warrant in this court. The defendant had been charged with Possession With the Intent to Distribute Drugs and a School Zone Violation. The prosecution realized that it could not continue with this case after the evidence was suppressed and today Attorney Neyman moved for dismissal of all charges. All charges have been dismissed.
July 28, 2011
Charges of Negligent Operation, Possession of Class E substance dismissed after Clerk's Hearing
Lynn District Court: The prosecution alleged that on June 27, 2011 Swampscott Police officers were dispatched to a location for a report of a motor vehicle accident. They arrived to see our client in the driver's seat of the offending vehicle. His car had major front end damage. Officers detected an odor of burnt marijuana. They then observed a marijuana pipe that was still warm. On the passenger seat the police found a baggie containing some Class E controlled substances. The suspect admitted to driving and that he had just "lit up". He claimed that while driving, smoking marijuana and attempting to unlock his phone he lost control of his car and hit a parked car. A summons for an application for a criminal complaint issued. At the Clerk's Hearing, Attorney Neyman was able to get the case dismissed.
July 26, 2011
Motion to Vacate Convictions of Malicious Destruction of Property over $250, Restraining Order Violation, and Operating After Suspension or Revocation of License Allowed
Lowell District Court: Our client became subject to removal from the United States once it came to the attention of authorities that he was an alien who had admitted to acts that constituted elements of a crime involving moral turpitude. He hired our office to move to vacate the convictions, and our motion was allowed on the grounds that his attorney did not advise him of immigration consequences of admitting to sufficient facts and that he did not receive an adequate plea colloquy. The matters now stand for new trial, giving our client the opportunity to avoid adverse immigration consequences.
July 21, 2011
Charges of Assault and Battery and Assault and Battery with a Dangerous Weapon to be dismissed after clerk’s hearing
Newton District Court: It was alleged that, at a party, one of our clients pushed another woman to the ground and began to kick, punch and bite her. It was alleged that another one of our clients joined in the kicking and punching and began to strike the woman in the head with a high heel shoe. Denise Dolan of our office represented these two women at a clerk’s hearing, and no criminal complaints issued.
July 19, 2011
Motion to Suppress Search conducted pursuant to a search warrant allowed after hearing
West Roxbury District Court: On July 30, 2010 members of the Boston Police Department applied for, obtained and executed a search pursuant to a warrant. Their target was a local college student. The officer who applied for the search warrant had information from one of his informants that the student was selling cocaine out of his apartment. At the direction of the police, the confidential informant engaged in some controlled purchases of cocaine. The identity of the seller was quickly learned as was his apartment location. The police believed that he kept a supply of drugs at the apartment. The search was conducted. During the course of the search police officers found cocaine, packaging materials and marijuana. The defendant was charged with Possession With the Intent to Distribute Class B and Class D drugs and a School Zone Violation. Attorney Neyman succeeded in convincing the judge that the search was unconstitutional and the fruits of the search were suppressed. The case will likely be dismissed next month.
July 18, 2011
Charges of Leaving the Scene of an Accident with Property Damage dismissed after Clerk’s Hearing
Ipswich District Court: The complainant alleged that our client, an eighteen year old recent high school graduate hit her car causing damage and left the scene. According to her affidavit the complainant said that on June 7, 2011 she awakened to hear a crunch. She looked out of her window and observed a car she claimed belonged to our client hitting her car and causing some damage. The complainant later called the police and subsequently filed an application for a criminal complaint with the Ipswich District Court Clerk’s Office. Earlier today Attorney Neyman represented the accused at the hearing. The clerk magistrate properly denied the application. The case has been dismissed.
July 1, 2011
Springfield, Massachusetts man charged with four counts of Obscene Telephone Calls given pre-trial probation
Dudley District Court: The prosecution alleged that in January of 2011 police were dispatched to an address for a complaint of a woman receiving sexually explicit telephone calls. The caller was using a blocked telephone line and the woman had no idea who was making the calls. An administrative subpoena issued and the calls were traced to a young man’s phone. The man lived in Springfield, Massachusetts. He was charged with four counts of making Obscene Telephone Calls. Attorney Neyman convinced the district attorney to agree to pre-trial probation. The charges will be dismissed in their entirety in a few months.
July 1, 2011
Charges of falsely procured Massachusetts license dismissed on court costs
Framingham District Court: It was alleged that our client, a Washington D.C. woman, used a social security number issued to another person from Tennessee to obtain a Massachusetts driver’s license. It was alleged that she paid an RMV clerk a sum of money to get the falsely obtained license and that she had multiple false social security numbers and aliases. Today, Denise Dolan of our office was able to get the charges dismissed upon the payment of court costs.