2018 - Stephen Neyman

Conditions of Pre-Trial Release Modified to Permit Contact With Alleged Victim in Domestic Assault and Battery Case

Law Offices of Stephen Neyman Team — Wed, 26 Dec 2018 18:47:30 GMT

The defendant is charged with domestic assault and battery under G.L. c. 265 Section 13M. A condition of his release was a stay away and no contact order from complaining witness. The defendant and the complaining witness have a child together. Attorney Neyman was hired to represent the defendant. The first order of business was to go into court immediately and get the conditions of release modified. Today our office succeeded in getting that done. The defendant is now permitted contact with the alleged victim.

Drug Conspiracy Charges Dismissed and Felony Distribution Charges Reduced to Possession and Continued Without a Finding

Law Offices of Stephen Neyman Team — Thu, 20 Dec 2018 18:43:55 GMT

The defendant is a private investigator licensed in several states. In June of this year state police working in an undercover capacity were watching some parking lots off of Route 495 known for frequent incidents of drug distribution activity. Acting on a tip from a known reliable informant the offers observed our client waiting in a pickup truck consistently using his phone for texting and calls. After about twenty minutes the officers observed an infamous drug distributor park and enter our client’s truck. The officers observed movements consistent with the transfer of objects. The manner of this activity along with defendant’s texting and calling suggested that the parties were meeting up for a drug deal. Once the dealer left our client’s car the distributor and our client left, driving in opposite directions. Officers followed each. They stopped the known dealer who was found in possession of a significant amount of drugs, Class B. He indicated that he purchased the drugs from our client. The defendant was then stopped and found in possession of a large quantity of cash along with a large quantity of class D and C drugs. He was charged with Possession With Intent to Distribute Class D and C in violation of G.L. c. 94C Sections 32C and 32B respectively. He was also charged with Conspiracy under G.L. c. 94C Section 40 and Distribution of Class D under G.L. c. 94C Section 32C. The defendant is a private investigator and any conviction or admission to a charge of more than simple possession would likely result in his license being suspended or revoked. He hired Attorney Neyman to defend him. Today, the conspiracy and possession with intent charges were dismissed. The distribution charge was reduced to simple possession and continued without a finding for sixty days. The case will be dismissed.

Charges of Operating After License Suspension Do Not Issue After Clerk Magistrate Hearing

Law Offices of Stephen Neyman Team — Thu, 13 Dec 2018 19:42:44 GMT

In October of 2018 the defendant was located in his vehicle in the breakdown lane of the Massachusetts Turnpike having just run out of gas. The state trooper who made contact with him asked for his license. The operator did have an out of state license however the trooper learned that his operating privileges had been revoked for life in Massachusetts. The defendant had a horrendous driving record and several OUI convictions. He hired Attorney Stephen Neyman to represent him at the clerk magistrate hearing charging violation of G.L. c. 90 Section 23. Today we were able to convince the clerk magistrate not to issue the complaint.

Arraignment for College Student Charged With Distribution of Marijuana and Possession With Intent to Distribute Marijuana Continued for Possible Pretrial Diversion

Law Offices of Stephen Neyman Team — Tue, 11 Dec 2018 19:47:52 GMT

The defendant is a student at a prominent local university. In May of 2018 a student at that school was hospitalized after having a bad reaction from smoking marijuana. The marijuana was purchased from the defendant. Police officers at that university began an investigation into the activities of the defendant. Through surveillance, informants and visitor logs to his dorm the police quickly learned that the defendant had been selling marijuana to other students at the school. The officers decided to approach the defendant and question him about these activities. He immediately admitted to selling marijuana and produced scales and packages of marijuana in his possession. The matter was referred for prosecution under G.L. c. 94C Section 32C and G.L. c. 94C Section 32D, possession with intent and distribution. Today, the day of arraignment Attorney Neyman was able to continue the arraignment to pursue pretrial diversion under G.L. c. 276A.

Criminal Application for Larceny Over $1,200 Against College Student Dismissed After Clerk Magistrate Hearing

Law Offices of Stephen Neyman Team — Tue, 11 Dec 2018 19:45:08 GMT

The defendant lives in a suburb of Boston. She worked the cash register at a local sporting goods store. Loss prevention learned that she had been discounting items sold to her friends. They monitored her activities, all of which were captured on videotape. They observed several thefts totaling over $1,200 making the crime a felony in Massachusetts. The young woman was charged with Larceny Over G.L. c. 266 Section 30 and Conspiracy G.L. c. 274 Section 7. A clerk magistrate hearing was scheduled. Today, after the hearing Attorney Neyman convinced the clerk magistrate to dismiss all charges. The complaint did not issue.

One Felony and Two Misdemeanor Sex Crimes to be Dismissed Against Investment Banker

Law Offices of Stephen Neyman Team — Mon, 10 Dec 2018 19:51:10 GMT

The defendant is an investment banker and a youth hockey coach. The victim is a mother whose son plays for the coach. The team traveled from Canada to Massachusetts to play in a hockey tournament. They stayed in a hotel not far from the rink. One night, after a game, the players, coaches and parents had a barbeque in the courtyard of the hotel. The defendant and the victim had been drinking. She went up to the hotel room she was sharing with her son. The defendant obtained a key to her room. He entered the room with the key. She was in the shower in the bathroom. The defendant entered the bathroom, removed his clothes and attempted to get in the shower with her. She screamed and left the room. The victim later complained to the police and a complaint charging Indecent Exposure G.L. c. 272 Section 53, Assault G.L. c. 265 Section 13A and Breaking and Entering in the Nighttime With the Intent to Commit Rape G.L. c. 266 Section 16A issued. Attorney Neyman was able to get all charges continued without a finding (CWOF). Had a guilty finding issued the defendant would have been required to register as a sex offender. Instead, after the completion of probation all charges will be dismissed.

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Rule 17 Motion Allowed on Rape Case Compelling Production of Video Footage Casting Doubt on Rape Allegations

Law Offices of Stephen Neyman Team — Fri, 07 Dec 2018 19:54:45 GMT

The defendant is charged with rape under G.L. c. 265 section 22. The alleged victim claimed that after a company outing our client raped her in her car in a parking lot adjacent to a restaurant. Our client denied the allegations and provided our office with information that contradicted the complainant’s statements. Our investigator quickly learned that the location of the alleged act was in the scopes of security cameras. Our office advanced the case and got a court order compelling the establishment to produce the video footage. The recording supports our client’s statements and suggests that the complaining witness was not truthful.

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Arraignment on Felony Vandalism Charges Continued Pending Possible Accord and Satisfaction

Law Offices of Stephen Neyman Team — Wed, 05 Dec 2018 19:57:41 GMT

The defendant is a successful businessman living in the western part of the state. Several months ago he was involved in an incident involving a neighbor and the building management company that controls his former home. It is alleged that in a fit of rage the defendant vandalized the building at a value exceeding $12,000.00. It was further alleged that he vandalized two motor vehicles belonging to someone else living on the premises. The defendant was charged with 2 counts of vandalism under G.L. c. 266 Section 126A. This is a felony in Massachusetts. The victims have agreed to and signed an accord and satisfaction, which might motivate the prosecutor to reduce the charges to misdemeanors and permit a resolution prior to arraignment.

Pretrial Probation for Car Dealership Owner Charged With Assault and Battery and Disorderly Person

Law Offices of Stephen Neyman Team — Tue, 04 Dec 2018 20:00:28 GMT

The defendant owns a large car dealership on southeastern Massachusetts. On August 18, 2018 he was attending a concert. He was highly intoxicated. Security personnel witnessed him strike an unsuspecting individual knocking him to the ground. The victim sustained some moderate injuries. Police were called and attempted to detain the subject. He resisted and was forcibly placed on the ground and handcuffed. He was arrested and charged with Assault and Battery G.L. c. 265 Section 13A and Disorderly Person G.L. c. 272 Section 53. He hired Attorney Stephen Neyman to represent him. Today, pretrial probation was imposed. The case will be dismissed in a few months.

Defendant Not Arraigned on Improper Storage of a Firearm Charges

Law Offices of Stephen Neyman Team — Thu, 29 Nov 2018 14:03:57 GMT

The defendant was charged with improper storage of a firearm and possession of a firearm under G.L. c. 140 Section 131L and G.L. c. 269 Section 10(a) respectively. This past summer the defendant was in Boston for business. He had a firearm secured in the trunk of his car. He was properly licensed in the state where he resides. After his business meeting the defendant went to look for his car and realized it had been stolen. He reported the theft and warned the police that he had a firearm in the vehicle. The vehicle was located 10 days later and the gun was found in the car in a pocket behind the front passenger seat. The defendant was charged with the above mentioned crimes and he hired Attorney Stephen Neyman. Today was the scheduled arraignment date. The judge agreed not to arraign on the improper storage matter. Our office is moving to have the remaining charges dismissed.

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Rule 17A Motion Allowed and Prosecution Ordered to Ensure that Security Footage of Alleged Rape be Preserved and Produced

Law Offices of Stephen Neyman Team — Tue, 27 Nov 2018 14:06:46 GMT

The defendant is charged with rape under G.L. c. 265 Section 22. The case is pending in the district court, waiting to be indicted and prosecuted in the superior court. Our client made clear that there was no rape. He identified the location where the alleged act occurred with specificity. That area mirrored the location where the complaining witness stated that the act occurred. Our investigators located video surveillance/security cameras at that location and determined they were managed by an establishment where the defendant and victim had drinks prior to the alleged act. We quickly moved the court to order the prosecution to preserve the video footage and for the establishment to produce the recording under Rule 17A. We expect this video to establish our client’s innocence.

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Conditions of Release Modified to Permit Client on Home Detention Permission to Attend School and Work

Law Offices of Stephen Neyman Team — Wed, 21 Nov 2018 14:08:51 GMT

Our client has been charged with aggravated rape, G.L. c. 265 Section 22 and possession of a firearm, G.L. c. 269 Section 10(a) in the Superior Court. Several months ago we succeeded in getting him release notwithstanding the prosecution’s attempts for detention under G.L. c. 276 Section 58A. Our investigation disclosed several flaws in the prosecution’s case that clearly question the integrity of the complaining witness’ report to the police and grand jury testimony. Armed with this information we moved the court to modify the conditions of release to permit our client to attend school and work.

Domestic Assault and Battery Charges Against Store Manager Dismissed

Law Offices of Stephen Neyman Team — Fri, 16 Nov 2018 14:12:20 GMT

The defendant is the manager of a large supermarket chain located throughout the Northeast. The victim is his wife of over twenty years. Recently the couple has been involved in several altercations with the police needing to respond. On this occasion the wife called 911. The call was chilling. The police arrived, ultimately located the defendant and arrested him, charging domestic assault and battery under G.L. c. 265 Section 13M and intimidation of a witness under G.L. c. 268 Section 13B. The prosecution moved that our client be held without bail under G.L. c. 276 Section 58A. Their request was allowed and the family hired our office. We were able to successfully appeal the 58A detention order and secure our client’s release from custody. We moved for a quick trial date and on that date succeeded in getting the case dismissed.

Arraignment Continued and Pretrial Diversion Recommended for Non-Citizen Accused of Assault By Means of a Dangerous Weapon

Law Offices of Stephen Neyman Team — Tue, 13 Nov 2018 16:39:21 GMT

The defendant is a non-citizen working on her Master’s degree at a local university. Several weeks ago she and a roommate had been arguing incessantly about aspects of their living situation. In reality, the “victim” wanted our client to vacate their apartment and continue to pay her share of the rent. Once it was understood that this would not happen the roommate accused our client of throwing a computer modem at her. Our client was charged with assault by means of a dangerous weapon in violation of G.L. c. 265 Section 15B, a felony in Massachusetts. Attorney Neyman convinced the prosecutor to continue the arraignment and to recommend pretrial diversion under G.L. c. 276A. If the defendant is accepted into the diversion program the case will be dismissed prior to arraignment.

Probation Violation Allegation Dismissed After Hearing

Law Offices of Stephen Neyman Team — Thu, 08 Nov 2018 16:32:58 GMT

The defendant received a continuance without a finding on a domestic assault and battery case nearly a year and a half ago. The alleged victim was his wife. This past summer, just one week before the termination date the defendant was accused of violently assaulting the same woman in another state where the two reside. The new case resulted in a violation notice being sent to our client along with a probation warrant. This past summer Attorney Neyman was able to get the probation warrant withdrawn and the defendant was permitted to return to Massachusetts to address the probation violation matter. The final probation violation hearing was scheduled for today. The probation department and the district attorney’s office wanted the defendant to go to jail or at a minimum be placed on more stringent probationary conditions. Attorney Neyman was able to convince the judge to dismiss the probation allegation. Probation in now terminated as well.

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Man Released Following 58A Dangerousness Hearing Alleging Rape

Law Offices of Stephen Neyman Team — Mon, 05 Nov 2018 16:29:15 GMT

The defendant has been charged with rape. The case is currently pending in the district court waiting for indictment and prosecution in the superior court. Last week, the prosecution moved for detention on dangerousness grounds pursuant to G.L. c. 276 Section 58A. Their request was granted. The defendant’s family contacted and retained Attorney Stephen Neyman to represent the man. Today, we went into court and secured the release of our client.

Charges of Lewd Wanton and Lascivious Behavior Withdrawn at Clerk Magistrate Hearing

Law Offices of Stephen Neyman Team — Wed, 31 Oct 2018 15:23:28 GMT

The defendant is a professional living just outside of Portland, Maine. In early September of 2018 he came to Massachusetts to attend the Pearl Jam concert. He got a flat tire on a highway and pulled off the highway to check the status of the flat. While doing so the man began to urinate in a residential driveway. The homeowner saw our client’s genitalia and the act. She complained that her young children had seen this activity. She called the police. The defendant left and drove on the flat tire to a nearby tire store. The police located him there and questioned him. He admitted to having committed this crime and a summons for a clerk magistrate hearing for violating G.L. c. 272 Section 53, lewd, wanton and lascivious behavior issued. Attorney Neyman was hired. Today, at the clerk magistrate hearing, we were able to get the charges withdrawn.

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Pretrial Probation For Man Charged With Resisting Arrest and Assault and Battery on a Police Officer

Law Offices of Stephen Neyman Team — Wed, 17 Oct 2018 13:47:48 GMT

On August 18, 2018 a police officer was on detail patrol at a professional sporting event. He received a complaint of an assault in a men’s room and also a report that there were several females in the men’s room. The officer made contact with one of the females and asked her to leave the bathroom. In doing so he grabbed her arm. Seeing this, the girl’s boyfriend shoved the officer against a wall. The defendant fled. The officer caught up to him, subdued him and placed him under arrest. The defendant was charged with resisting arrest, G.L. c. 268 Section 32B and assault and battery on a police officer, G.L. c. 265 Section 13D. Our office was hired. Today, we were able to get the defendant pretrial probation under G.L. c. 276 Section 87. After six months the case will be dismissed.

Pretrial Probation For Woman Charged With Keeping a House of Prostitution

Law Offices of Stephen Neyman Team — Tue, 16 Oct 2018 13:43:32 GMT

Nearly one year ago police detectives in a Bristol County town were investigating complaints of suspected prostitution. The investigation focused on a massage parlor that had been listing concerning advertisements on backpage.com. Officers had the establishment under surveillance. They watched as men entered the premises and left within one half hour. The police monitored the traffic into the business. They decided to follow the patrons after leaving the building. When the customers were a sufficient distance away the police stopped them and learned that they had in fact been getting sexual favors in exchange for money. The “johns” provided significant detail into the workings of the operation and were able to identify one woman in particular as the person running the business. The police followed up with a search warrant. During the execution of the search warrant officers observed men, naked and in positions suggesting recent sexual conduct. The search further revealed a significant amount of prostitution paraphernalia, client lists and a menu of prostitutes and the sexual acts each would be willing to perform for money. The target of the investigation was arrested during the search and charged with G.L. c. 272 Section 24. Attorney Neyman was hired. Today, he was able to negotiate pretrial probation under G.L. c. 276 Section 87. This is significant in that the defendant is a non-citizen and a continuance without a finding (CWOF) or any admission would likely result in deportation. The woman will have no criminal record.

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Restraining Order Does Not Issue

Law Offices of Stephen Neyman Team — Mon, 15 Oct 2018 13:41:11 GMT

The defendant and the victim dated and have a child together. They are involved in a nasty, contentious child custody and visitation dispute. In an effort to secure an advantage in that forum the victim fabricated a story of abuse about our client and applied for a G.L. c. 209A restraining order. A hearing was scheduled for today. We had obtained numerous police reports initiated by the victim in other courts that we were able to show were total prevarications. We explained to the judge in this court that all of these false accusations were designed to manipulate the collateral proceedings. The judge accepted our argument and did not issue the restraining order.

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