2019 - Stephen Neyman

Continuance Without a Finding For Man Charged With Distribution of 8 Pounds of Marijuana

Law Offices of Stephen Neyman Team — Fri, 20 Dec 2019 14:12:24 GMT

On October 23, 2018 the defendant was pulled over for a moving violation in a central Massachusetts town. The officer ran the man’s license and learned that his license had expired. He was asked to exit the car so that it could be towed. An inventory search of the vehicle was conducted within the parameters of Massachusetts State Police guidelines. Officers located eight pounds of marijuana in the vehicle. The defendant was arrested and charged with possession with intent to distribute marijuana, a class D substance. This violates G.L. c. 94C Section 32C. Today, the case was continued without a finding CWOF for six months. The case will be dismissed provided the defendant remains free of criminal activity during that time period.

Charges of Domestic Assault and Battery and Assault and Battery on a Person Over 60 Dismissed

Law Offices of Stephen Neyman Team — Thu, 19 Dec 2019 16:29:59 GMT

On August 4, 2019 police in a Boston suburb were called to a home for a report of an assault on an elderly person. They were met by the victim, an 84 year old man who claimed that he and his son were arguing. His son pushed him to the ground causing bleeding and bruising. The defendant claimed that the victim was the initial aggressor. Based on the evidence and the statements of the parties the police arrested the son and charged him with domestic assault and battery under G.L. c. 265 Section 13M and assault and battery on a person over the age of 60, G.L. c 265 Section 13K. The latter crime is a felony in Massachusetts. Today, we were able to have all charges dismissed.

One Count of Indecent Assault and Battery and 4 Counts of Assault and Battery Against Financial Analyst Dismissed

Law Offices of Stephen Neyman Team — Tue, 17 Dec 2019 20:21:36 GMT

In November of 2018 our client was a patron at a nightclub. He was confronted by a group of people who accused him of grabbing the buttocks of a young woman on the dance floor. He denied the accusations and was removed from the establishment by bouncers. He called for an Uber. While waiting for his ride, the man was confronted by the group again. This time he was cornered by the crowd and struck several times. He struck back. The police were called and our client was arrested. He was charged with indecent assault and battery G.L. c. 265 Section 13H and 4 counts of assault and battery under G.L. c. 265 Section 13A. At the time of the incident, our client was a student in Massachusetts on a student visa. He remained here on a work visa. Had he been convicted or had the case been continued without a finding our client would have been terminated from his employment and possibly deported. Today, Attorney Neyman succeeded in getting all charges dismissed.

Two Counts of Possession With Intent to Distribute Class B Distribution of Class B and Carrying a Dangerous Weapon Against Salesman Dismissed

Law Offices of Stephen Neyman Team — Tue, 17 Dec 2019 20:18:20 GMT

Several weeks ago Attorney Neyman won a motion to suppress after challenging the validity of a stop, search and seizure. In particular we believed that the exit order was unconstitutional and required suppression of all evidence seized. That included drugs sufficient to charge possession with intent to distribute class B and distribution of class B under G.L. c. 94C Section 32A. It also included the knife charged as a dangerous weapon under G.L. c. 269 Section 10(b). Today, the prosecution agreed that without the evidence it was unable to proceed. The case was nolle prossed.

Not Guilty Verdict After OUI Trial

Law Offices of Stephen Neyman Team — Tue, 10 Dec 2019 20:16:17 GMT

On April 22, 2019 around 1:30 a.m. a state trooper patrolling Route 1 southbound claimed to have seen a car run a stop sign at an onramp. The trooper then claimed that the driver swerved several times driving over the median strip and into the other lane. He was pulled over and supposedly failed several field sobriety tests. He was arrested and charged with OUI under G.L. c 90 Section 24. Attorney Neyman was hired to represent the man. Attorney Neyman used maps, aerial images and photos to prove to the jury that the officer was not being truthful with his testimony. We were also able to show that the trooper failed to adhere to OUI field sobriety testing protocol. The jury returned a verdict of not guilty very quickly.

Charges of Domestic Assault and Battery and Intimidation of a Witness Against Commercial Construction CEO Dismissed

Law Offices of Stephen Neyman Team — Tue, 10 Dec 2019 16:24:01 GMT

On August 3, 2019 police in a south shore community were dispatched to a residence for a report of a domestic disturbance. Upon arrival they spoke with the victim who claimed that her during the course of an argument with her husband she was struck several times. She further complained that in an attempt to call the police her husband grabbed and destroyed her cell phone. The defendant denied the allegations and hired Attorney Stephen Neyman. He was charged with domestic assault and battery under G.L. c. 265 Section 13M and intimidation of a witness under G.L. c. 268 Section 13B, a felony. Today, all charges were dismissed.

Pretrial Probation Under G.L. c. 276 Section 87 For Man Charged With Resisting Arrest and Assault and Battery on a Police Officer

Law Offices of Stephen Neyman Team — Fri, 06 Dec 2019 20:10:15 GMT

On June 2, 2019 members of a Massachusetts police department were monitoring a rally involving hundreds of people. Various factions of people at the rally became aggressive towards one another and violence erupted. The police attempted to keep the situation peaceful without success. Several fights broke out and the police intervened. During the course of this incident officers alleged that our client struck police officers and resisted their efforts to arrest him. Our client was charged with assault and battery on a police officer, G.L. c. 265 Section 13D, disturbing a public assembly, G.L. c. 272 Section 40 and resisting arrest G.L. c. 268 Section 32B. Attorney Neyman was retained and was able to get the accused pretrial probation under G.L. c. 276 Section 87. He will have no record.

Charges of Domestic Assault and Battery Against College Professor Dismissed

Law Offices of Stephen Neyman Team — Wed, 27 Nov 2019 15:21:31 GMT

The defendant is a college professor at a major Cambridge, Massachusetts university. In April of this year he was arrested by the Boston Police after his girlfriend went to the station to file a complaint. The woman stated that she and the defendant had been in a dating relationship. She claimed to be pregnant with his child. He refused to marry her and the relationship started to decline. During an argument between the two the defendant allegedly pushed the victim down a flight of stairs. She sustained injuries and charges of domestic assault and battery under G.L. c. 265 Section 13M issued. Our office investigated the case and prepared for trial. Today, all charges were dismissed.

Felony Larceny Case Dismissed Prior to Arraignment

Law Offices of Stephen Neyman Team — Fri, 22 Nov 2019 15:18:11 GMT

In 2010 the defendant was enrolled in law school in Massachusetts. He got engaged to a woman and wrote a check for thousands of dollars to a local jeweler to pay for the engagement ring. The check never cleared. The defendant left Massachusetts and continued law school in another state. The deficient check prompted the jeweler to contact the district attorney’s office and charges of larceny by check over $250 under G.L. c. 266 Section 37 issued. This is a felony in Massachusetts. The defendant never answered to the charges and was defaulted. Just a few weeks ago this case surfaced and threatened to derail the defendant’s legal career. Attorney Stephen Neyman was hired to represent the defendant. Attorney Neyman negotiated a settlement with the jewelry store and the district attorney’s office. The jeweler was paid full restitution and the district attorney’s office agreed to nolle prosse (dismiss) prior to arraignment.

Charges of Domestic Assault and Battery Against School Teacher Dismissed

Law Offices of Stephen Neyman Team — Tue, 19 Nov 2019 15:15:28 GMT

On July 26, 2019 police in suburban Boston responded to a report for a disturbance between family members. They were met by the victim’s wife who stated that her mother-in-law, a school teacher, had been involved in an altercation with her wife. Officers separated the parties and inquired about the incident. The victim claimed that following an argument the defendant punched her several times. The defendant was also questioned. She confirmed the complaints of the victim. She was arrested and charged with domestic assault and battery under G.L. c. 265 Section 13M and threatening to commit a crime under G.L. c. 272 Section 2. Our office was hired immediately. Today, the day of trial all charges were dismissed.

Read More in Threatening to Commit a Crime

Two Counts of Possession of Class E Drugs Dismissed

Law Offices of Stephen Neyman Team — Fri, 15 Nov 2019 15:12:00 GMT

On October 3, 2019 a 911 caller alerted Massachusetts State Police to a man driving erratically on a major Massachusetts highway. Officers located the vehicle and effectuated a stop. They immediately noticed that something was wrong with the driver’s behavior. He submitted to field sobriety tests and failed. He admitted to having taken a large amount of depressants. He was arrested and during an inventory search of the car the police located two different Class E drugs to which the defendant admitted possessing and taking. The man was charged with OUI drugs, G.L. c. 90 Section 24 and possession of a Class E drug, two counts, G.L. c. 94C Section 34. Attorney Neyman was hired. Today, the OUI was continued without a finding and the drug charges were dismissed.

Charges of Shoplifting Against Man Already on Probation Dismissed Prior to Arraignment

Law Offices of Stephen Neyman Team — Tue, 12 Nov 2019 15:08:16 GMT

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.

Felony Larceny Charges Against Non-Citizen to be Dismissed Following Pretrial Probation Under G.L. c. 276 Section 87

Law Offices of Stephen Neyman Team — Tue, 12 Nov 2019 15:03:13 GMT

The defendant is a non-citizen lawfully in the United States pursuant to a work visa. In May of 2019 she was caught stealing from an upscale store in a Boston suburb. Loss prevention officers observed the woman using a theft detection deactivation device to remove security devices from expensive goods. The woman secreted the items in her body and in bags bearing the names of other stores in the near vicinity. Once the woman left the property loss prevention officers detained her and contacted local law enforcement. The acts were caught on surveillance cameras. Charges of larceny over $1,200 under G.L. c. 266 Section 30 issued. That is a felony. Charges of unlawful deactivation or removal of a theft detection device also issued. This too is a felony under G.L. c. 266 Section 30B. Inasmuch as the woman is a non-citizen it was imperative that she not be convicted of these offenses and that there be no admission of responsibility. Attorney Neyman was hired. Today, we were able to have the district attorney’s office and the judge agree to resolve the case with pretrial probation under G.L. c. 276 Section 87. There will be no immigration consequences.

Charges of Reckless Endangerment of a Child Against Young Mother Continued Without a Finding in Superior Court

Law Offices of Stephen Neyman Team — Thu, 07 Nov 2019 14:57:23 GMT

Several months ago our client was charged with several crimes stemming from an incident in which her child accidentally ingested fentanyl requiring hospitalization. The indictment charged trafficking fentanyl G.L. c. 94C section 32E, possession of a large capacity firearm G.L. c. 269 Section 10m, possession of ammunition G.L. c. 269 Section 10H and Child Endangerment G.L. c. 265 Section 13L. Attorney Neyman recently succeeded in getting the firearm, trafficking and ammunition charges dismissed. After some intense negotiations and with the agreement of a reasonable and compassionate prosecutor the remaining charge of Child Endangerment was continued without a finding in the Superior Court. This is a rare and exceptional result. After a successful completion of probation this charge will be dismissed and the woman will have no criminal record.

Conditions of Probation Pursuant to Continuance Without a Finding Modified to Permit Client to Perform Community Service at a Non-Profit Establishment

Law Offices of Stephen Neyman Team — Thu, 07 Nov 2019 14:54:48 GMT

Our client was given a continuance without a finding on a highly publicized “road rage” incident. A condition of her probation was to perform community service. The probation department insisted that this be done through the probation department requiring our client to report to the courthouse on weekend mornings, board a bus and perform community service as directed by the probation department. This presented a tremendous hardship to our client. Consequently, we prevailed upon the district attorney’s office, the probation department and the judge to modify the conditions of probation to permit performing community service at a non-profit establishment more convenient to our client.

Probation Modified to Permit Removal of GPS Tracking Device

Law Offices of Stephen Neyman Team — Wed, 06 Nov 2019 15:01:01 GMT

Our client was on probation for a matter in which we were not involved. A condition of his probation required him to wear a GPS tracking device under G.L. c. 265 Section 47. The man wanted to have this condition removed and he hired our office to do so. Based on a case that the Massachusetts Supreme Judicial Court recently decided, Commonwealth v. Feliz, 451 Mass. 689 (2019) we prevailed on the judge to modify the conditions of probation and have the GPS monitoring device removed.

Continuance Without a Finding on Domestic Assault and Battery Remains Notwithstanding New Charge for Same Offense

Law Offices of Stephen Neyman Team — Wed, 06 Nov 2019 14:37:15 GMT

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.

Four Firearms Charges Against Boston Man Dismissed Prior to Trial

Law Offices of Stephen Neyman Team — Tue, 05 Nov 2019 14:49:36 GMT

The defendant is a Boston resident with no criminal record. On April 23, 2019 members of a local police department received information that a certain vehicle, described in great detail was occupied by a group of males one of whom was carrying a firearm. The information was provided by a proven reliable informant. Officers located the vehicle and ordered the males to exit. They pat frisked each occupant. The driver, our client, was found in possession of a firearm and a quantity of cocaine sufficient to charge trafficking. Our client was arrested and charged with trafficking cocaine G.L. c. 94C Section 32A, possession of a firearm during the commission of a felony G.L. c. 265 Section 18B, possession of ammunition G.L. c. 269 Section 10h, carrying a firearm G.L. c. 269 Section 10a and carrying a loaded firearm G.L. c. 269 Section 10n. Many of those charges require mandatory state prison time upon a conviction. The defendant hired Attorney Stephen Neyman immediately. Today, all firearm charges were dismissed. The trafficking charge was reduced to possession and the defendant was placed on probation.

Motion to Suppress Illegal Stop Search and Seizure of Motor Vehicle Allowed

Law Offices of Stephen Neyman Team — Tue, 05 Nov 2019 14:41:36 GMT

Nearly one year ago our client was observed parked illegally in his car appearing to be engaged in a drug deal. Experienced drug enforcement officers determined that their observations necessitated a confrontation with the driver and passenger. Upon approaching the car the driver, our client, made furtive gestures giving the officers concern that a drug deal was under way. When questioned by the officers the driver and passenger appeared nervous. The officers issued and exit order. Our client was searched and found in possession of a knife. The car was searched and drugs were located. Our client was charged with possession of a dangerous weapon, a felony under G.L. c. 269 Section 10(b) and two counts of possession with intent to distribute class B substances, oxycodone and cocaine, also felonies. Attorney Neyman was hired and filed a motion to suppress what we contend was illegal activity by the officers. The judge allowed the motion. All charges will be dismissed at the next court date.

Charges of Domestic Assault and Battery Against Restaurant Owner Dismissed

Law Offices of Stephen Neyman Team — Mon, 04 Nov 2019 16:59:48 GMT

On August 10, 2019 the police responded to an emergency call for a domestic assault and battery. They were met by a man who claimed that his boyfriend of several years was drunk and had hit him in the face several times. The officers observed bruising and cuts on the face of the victim. They located the defendant, a restaurant owner who was in an obvious state of intoxication. He did not deny the allegations. Instead, the defendant tried to excuse his conduct claiming that his partner was the person who was impaired and that he was acting in self defense. The police did not detect any odor of alcohol on the victim nor did they see anything that would corroborate the defendant’s version of the events. The defendant was arrested and charged with G.L. c. 265 Section 13M. Attorney Neyman was retained. Today, our office was able to get all charges dismissed.