2022 - Stephen Neyman

Charges of Malicious Destruction of Property Under $1,200 Against Contractor to be Dismissed

Law Offices of Stephen Neyman Team — Thu, 22 Dec 2022 21:14:40 GMT

The defendant is a local contractor who builds high end homes. In August of 2021, in the early morning hours he entered a hotel where he had a reservation. Due to the hour, the desk attendant refused to honor the reservation. The man became upset and started breaking objects in the hotel lobby. He left the property and was summonsed for a charge of malicious destruction of property in violation of G.L. c. 266 section 127. We were able to get him pretrial probation under G.L. c. 276 section 87. All charges will be dismissed.

Charges of Carrying a Loaded Firearm and Other Gun Related Charges Against Chief Technology Officer Dismissed After Clerk Magistrate Hearing

Law Offices of Stephen Neyman Team — Wed, 21 Dec 2022 21:10:51 GMT

Our client is the chief technology officer at a well known intellectual property development company. He lives in another state. On October 2nd of this year he went to the airport expecting to travel to visit with family members. He packed a carry-on bag and left for the airport. He simply forgot that he kept his lawfully owned, loaded firearm in the bag. At the airport he placed the bag on the conveyor belt. He was immediately flagged and confronted by state police officers assigned to the airport. He was eventually summonsed for a clerk magistrate hearing charging him with possession of a firearm in violation of G.L. c. 269 section 10(a), possession of a loaded firearm under G.L. c. 269 section 10(n), improper storage of a firearm under G.L. c. 140 section 131L and an airport security violation, G.L. c. 269 section 12F. Today, at the clerk magistrate hearing we prevailed upon a very compassionate clerk magistrate and state police lieutenant not to issue the complaint.

Felony Charges of Larceny Over $1,200 Against Non-Citizen Dismissed Prior to Arraignment

Law Offices of Stephen Neyman Team — Wed, 14 Dec 2022 21:08:13 GMT

Our client is a non-citizen working in the United States pursuant to a visa. In September of this year she was caught shoplifting from a store in a mall. The value of the property taken exceeded $1,200.00 making the crime a felony in Massachusetts. The woman was charged with larceny over $1,200.00 in violation of G.L. c. 266 section 30. Her arraignment was scheduled for February of next year. Rather than wait for the arraignment and leave our client with a pcf number we negotiated a deal with the district attorney’s office. Provided that our client perform 16 hours of community service the case would be dismissed prior to arraignment. She completed the community service and we advanced the case today. All charges were dismissed prior to arraignment.

Indecent Assault and Battery on a Child Under the Age of Fourteen Dismissed on the Day of Trial

Law Offices of Stephen Neyman Team — Mon, 12 Dec 2022 21:05:34 GMT

This case was filed in 2016. The district attorney’s office alleged that a young girl was sexually assaulted by our client after returning from a trip in the summer of 2008. Based on the allegations our client was charged with one count of indecent assault and battery on a child under the age of fourteen, a felony under G.L. c. 265 section 13B. We believed in our client’s innocence from the minute we met him. It took us over two years to obtain records indicating that the complainant had been assaulted by someone other than our client. Then COVID hit and the case was delayed for another two years. Notwithstanding the information that we unearthed, the district attorney’s office insisted on pursuing the case. We had evidence that the child told the district attorney’s office that her father did this to her. We had additional evidence that the child told the district attorney’s office that her aunt’s boyfriend did this to her. We had evidence showing that the child complained that a boy in her daycare did this to her. Finally, today, the day of trial we succeeded in getting the case dismissed.

Truck Driver Found Not Guilty After Trial on Charges of Aggravated Rape of a Child, Rape of a Child by Force and Indecent Assault and Battery

Law Offices of Stephen Neyman Team — Fri, 02 Dec 2022 20:57:05 GMT

The defendant is a truck driver nearing forty years of age. He lived in a small apartment with his wife, biological son and step daughter. In the summer of 2020 his world was turned upside down when he was accused of raping his step daughter by digitally penetrating her and orally penetrating. She also alleged that he took her hand and made her play with his penis. The charges alleged a violation of G.L. c. 265 section 23A, aggravated rape of a child, G.L. c. 265 section 22A, forcible rape of a child G.L. c. 265 section 13B, indecent assault and battery. The case took over two years to investigate and prepare for trial. Our investigation revealed that the complainant’s story became more exaggerated over time. Each time she told someone what happened new details were added. She told an ex-boyfriend that our client penetrated her with his penis. She testified at trial that a few weeks after the alleged incident she told her closest friend. We called the friend to testify. She said that the complainant made some vague accusation six months prior to the alleged incident having occurred. We established that her motive in fabricating these charges was to enable her to move out of her mother’s home and into her father’s home where discipline was much more relaxed and where she would no longer have to share a bedroom with her brother. The jury deliberated and found our client NOT GUILTY of all charges.

Charges of Possession of Class B and Class C Drug Against Master Electrician do Not Issue After Clerk Magistrate Hearing

Law Offices of Stephen Neyman Team — Wed, 23 Nov 2022 12:30:46 GMT

Our client is a master electrician who lives in another state. This past February he was in Massachusetts on vacation staying at a resort casino. He and his wife had an abundance of drugs they intended to enjoy during their stay. They ingested some LSD. Apparently the LSD was bad. The wife became very sick and the husband, our client, called 911. Police and paramedics arrived. The wife was taken to the hospital. Our client was interviewed by the police. He admitted to taking the drugs. Officers then saw, in plain view, other drugs. Our client was summonsed for possession of a class B drug, G.L. c. 94C section 34 and possession of a class C drug, also in violation of G.L. c. 94 C section 34. Today we appeared for a clerk magistrate hearing. Our argument that our client availed himself of the Good Samaritan law prevailed and the complaint did not issue.

Pretrial Probation for Man Charged With Four Counts of Assault and Battery on a Police Officer

Law Offices of Stephen Neyman Team — Tue, 22 Nov 2022 12:28:08 GMT

In July of 2021, officers from a large city outside of Boston responded to a call for a wellness check. When they got to the location they were told by the defendant’s mother that he was undergoing a mental health episode. The officers confronted the man to try to help. The man lunged at one of the officer’s holsters trying to get his gun. The other officers tried to subdue the defendant. He responded by hitting all four of the officers at the home. He was charged with assault and battery on a police officer prohibited by G.L. c. 265 section 13D. Today was the arraignment date. We were able to negotiate pretrial probation under G.L. c. 276 section 87, unsupervised. All charges will be dismissed soon.

Felony Charges of Larceny from an Elderly Person Nolle Prossed

Law Offices of Stephen Neyman Team — Tue, 22 Nov 2022 12:26:07 GMT

Our client and the “victim” (husband) were married for many years. A nasty divorce precipitated this case. According to a police report, our client stole checks from her husband and deposited them into her own bank account. The funds totaled in excess of $1,200 making the felony larceny in accordance with Massachusetts laws. She was charged with larceny from an elderly person in violation of G.L. c. 266 section 30(5). Our office was able to demonstrate that none of the money went into our client’s account. We also showed that the husband had lied in the probate court and during a clerk magistrate that occurred before we were hired for the case. This information was provided to the district attorney’s office. After reviewing the documents we submitted the district attorney agreed that the victim was lying. A nolle prosse was filed. All charges were dismissed.

Charges of Breaking and Entering and Felony Larceny Over $1,200 Against Garage Owner do Not Issue After Clerk Magistrate Hearing

Law Offices of Stephen Neyman Team — Thu, 17 Nov 2022 12:21:58 GMT

In February of this year a man walked into a police station complaining that our client broke into his home and stole several thousand dollars worth of personal items. The police investigated the matter. They located the items in a car being driven by our client. Officers inquired about the origin of the property and he claimed that it belonged to him. The officers requested permission to look closely at the goods. Our client permitted them to do so. When it became apparent that the items had been stolen our client was identified and summonsed for a clerk magistrate hearing charging him with larceny from a building, G.L. c. 266 section 20A and breaking and entering in the daytime under G.L. c. 266 section 18. He was also charged with threats under G.L. c. 275 section 2 for supposedly telling the victim that if he said anything he would come back and kill him. Today, we convinced the clerk magistrate not to issue the complaint.

Charges of Domestic Assault and Battery Against Physician Dismissed

Law Offices of Stephen Neyman Team — Tue, 15 Nov 2022 12:19:48 GMT

The defendant is a medical doctor practicing at a well respected local hospital. In July of this year police in his town were dispatched to a woman in distress. They arrived to find her covered in blood. She told the officers that she and her boyfriend, the defendant, had been drinking all day on his luxury sailboat. After boating the two argued over who would drive home. Finally, the defendant prevailed and started to drive home. The victim was adamant that she should be the driver. He would not let her and during the ride she struck him several times nearly causing an accident. He eventually responded by punching her in the mouth, causing her to bleed profusely from the lip and face. He was arrested and charged with domestic assault and battery in violation of G.L. c. 265 section 13M. Today, was succeeded in getting all charges dismissed.

OUI Case Against Mechanical Engineer Dismissed

Law Offices of Stephen Neyman Team — Tue, 15 Nov 2022 12:15:57 GMT

Over two years ago our client was involved in a motor vehicle accident. He was observed driving erratically, ultimately crashing into a tree alongside a busy road. The responding officer believed that our client had been drinking. Field sobriety tests were administered. Our client failed. Additionally, our client took a breathalyzer. He registered a .26, more than three times the legal limit. Our client was then arrested and charged wiht OUI under G.L. c. 90 section 24 and negligent operation, also under another section of G.L. c. 90 section 24. We succeeded in getting the breathalyzer test results excluded. Today, the day we were supposed to go to trial, the case was dismissed.

Charges of Assault and Battery on a Police Officer Against Local Physician to be Dismissed After Completion of Pretrial Probation

Law Offices of Stephen Neyman Team — Thu, 03 Nov 2022 11:12:45 GMT

Our client is a well known physician in the greater Boston area. In March of this year he was at a friend’s house celebrating a family milestone. He drank way too much, fell off of a stool and hit his head. He began to bleed profusely. The EMT’s were called and the police responded with them. It quickly became apparent that our client needed medical attention. The police tried to escort him into the ambulance. He resisted and assaulted the officers. He was taken to the hospital, treated and summonsed for arraignment for assault and battery on a police officer under G.L. c. 265 section 13D. Today we negotiated pretrial probation under G.L. c. 276 section 87 with the district attorney’s office. There are no conditions attached. This case will be dismissed in 9 months.

Charges of Possession With Intent to Distribute a Class D Drug Against College Student do Not Issue After Clerk Magistrate Hearing

Law Offices of Stephen Neyman Team — Tue, 01 Nov 2022 11:10:21 GMT

In July of this year our client was observed driving from an affluent town to a city saturated with narcotics distribution activities. Police took notice of his vehicle as he pulled next to another vehicle, entered that vehicle and drove away. Officers followed him and saw him park in a remote area. Several minutes later the police observed known drug users approach and enter his case. After these individuals left his car the officers formed the opinion that our client was engaged in some sort of drug distribution activities. They stopped him, searched him and found marijuana, a class D drug along with scales, baggies and a scale. All of this indicated that our client either was selling marijuana or intended to do so. He was summonsed for a clerk magistrate hearing charging him with possession with intent to distribute a class D substance, marijuana, in violation of G.L. c. 94C section 32C. Due to our client’s age, lack of a criminal history and remorseful behavior we prevailed on the clerk not to issue the complaint.

Charges of Assault and Battery by Means of a Dangerous Weapon and Assault and Battery Against Professional Gambler Dismissed

Law Offices of Stephen Neyman Team — Tue, 01 Nov 2022 11:06:10 GMT

Our client is a professional gambler who makes a significant amount of money playing in poker tournaments around the world. In December of 2018 he attended the funeral of a good friend’s grandfather. One of the attendees was drunk and making crude remarks to some of the women. People took exception to his behavior and a fight broke out. During the fight our client was observed punching and kicking a man in the face. The police arrived and identified our client as the perpetrator. He was arrested and charged with assault and battery by means of a dangerous weapon, G.L. c. 265 section 15A, specifically a shod foot and assault and battery under G.L. c. 265 section 13A. COVID delayed the case for over two years. Today, all charges were dismissed.

Charges of Open and Gross Lewdness Against Electrician Do Not Issue After Clerk Magistrate Hearing

Law Offices of Stephen Neyman Team — Mon, 31 Oct 2022 16:43:41 GMT

Our client is an electrician working on residential and commercial projects. Many of his jobs require a background check and any criminal history results in his inability to work on that job. In September of 2021 a female college student flagged down a police officer and complained that a man in a parked car pulled out his penis and began to masturbate in front of her. The police approached the vehicle and made contact with the driver. The victim made a positive identification and the man was interrogated. He admitted to doing what the woman claimed he did. He later received a summons for a clerk magistrate hearing seeking to charge him with open and gross lewdness in violation of G.L. c. 272 section 16, a felony in Massachusetts. We appeared and defended the man at the hearing. Our presentation convinced the clerk not to issue the complaint. Instead, it will be held for a period of time and dismissed provided that the man not get into any criminal legal trouble.

Pretrial Probation For Pharmaceutical Student Charged With Forgery of a Check Uttering a False Check and Attempted Larceny by Check

Law Offices of Stephen Neyman Team — Fri, 28 Oct 2022 16:40:10 GMT

Just a couple of weeks ago we succeeded in getting this client pretrial probation under G.L. c. 276 section 87. She had been charged with attempted larceny by check G.L. c. 266 section 37, forgery under G.L. c. 267 section 1, uttering a false check in violation of G.L. c. 267 section 5. Identical charges issued in this court. This prosecution took place in another court as the bank the crimes were committed at was in a different town. We obtained the same result in this case, pretrial probation.

CWOF For Landscape Architect Charged With OUI

Law Offices of Stephen Neyman Team — Wed, 26 Oct 2022 16:38:03 GMT

In June of 2020 police were dispatched to the scene of an accident. They found our client behind the wheel of a car that had hit a utility pole. He smelled like alcohol. He was unable to put together a sentence. He failed all field sobriety tests and vomited in the police car on the way to the station. He was charged with OUI in violation of G.L. c. 90 section 24. We resolved the case with a continuance without a finding (CWOF) and the 24D first offender program.

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Pretrial Probation on Domestic Assault and Battery For Biomedical Engineer Over Objection of Complaining Witness

Law Offices of Stephen Neyman Team — Wed, 19 Oct 2022 16:34:49 GMT

Our client is a biomedical engineer with an impeccable record. In April of this year a family member contacted the police stating that our client was intoxicated and had struck her. Her story was supported by a neighbor who witnessed the entire incident. Our client denied doing this yet he was nevertheless arrested. He was charged with domestic assault and battery under G.L. c. 265 section 13M. We negotiated pretrial probation under G.L. c. 276 section 87 with the district attorney’s office. All charges will be dismissed in six months.

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Defendant in Home Invasion Case Released After 58A Dangerousness Hearing

Law Offices of Stephen Neyman Team — Tue, 18 Oct 2022 16:32:04 GMT

Our client was indicted on charges of home invasion G.L. c. 265 section 18C and several other violent crimes. He was detained under the dangerousness statute when charged with these crimes in the district court. We got him out on a 58A appeal to the superior court. When he was indicted the district attorney’s office again moved for detention under 58A. We convinced the judge not to order detention. The man was released on conditions.

Charges of Domestic Assault Previously Continued Without a Finding Sealed

Law Offices of Stephen Neyman Team — Mon, 17 Oct 2022 16:27:40 GMT

Our client was charged with domestic assault and battery under G.L. c. 265 section 13M. We got the case continued without a finding (CWOF). He successfully completed probation and the charges were dismissed. Today, we had the case sealed under G.L. c. 276 section 100A.