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Charges of Witness Intimidation Against Sales Executive do Not Issue After Clerk Magistrate Hearing

Stephen Neyman — Fri, 02 Oct 2026 18:49:21 GMT

Our client is a top ranking sales executive for a large manufacturing company based in the Midwest. In August of this year she appeared in a Massachusetts court to support her son who was accused of certain crimes against his domestic partner, specifically violating a 209A restraining order and domestic assault and battery under G.L. c. 265 §13M. Our client sat through some grueling testimony about her son, all of which she had proof was untrue. After the hearing, our client blocked the door to the courtroom, confronted the alleged victim and swore at her. Court personnel witnessed the incident. Our client was escorted out of the courthouse and summonsed to court for a clerk magistrate hearing seeking charges for intimidation of a witness, a felony under G.L. c. 268 §13B. Attorney Neyman represented the woman. He succeeded in convincing the clerk magistrate not to issue the criminal complaint.

How a Clerk Magistrate Hearing Can Prevent a Felony Complaint

The crime of witness intimidation in Massachusetts is a felony. In this case the clerk’s office believed that before issuing a felony criminal complaint this defendant should have an opportunity to defend or mitigate the serious charges against her

Massachusetts does not entitle anyone to a clerk magistrate for a felony however, in some cases, such as this case, the case is screened and a clerk magistrate hearing is scheduled

To convict someone for witness intimidation in Massachusetts the district attorney must prove three elements beyond a reasonable doubt. Specific to this case:
- 1) that the defendant wilfully threatened
- 2) a witness or potential witness
- 3) with the intent to impede or obstruct justice

In this case the last element was not satisfied. The evidence failed to show that our client had the intent to impede or obstruct justice. The hearing had concluded. The victim had offered her testimony, unimpeded by our client. The clerk magistrate correctly and fairly decided against issuing the criminal complaint.

Clerk magistrates have great discretion in how they handle hearings. Attorney Stephen Neyman has handled hundreds of clerk magistrate hearings in courts throughout Massachusetts. Experienced lawyers combined with a compassionate, fair clerk’s office often leads to favorable outcomes.

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Charges of Domestic Assault and Battery Against Non-Citizen Dismissed After Successful Completion of Pretrial Probation

Stephen Neyman — Thu, 01 Oct 2026 21:06:44 GMT

Our client is a non-citizen who was involved in a very volatile relationship for several years. In late 2024 her boyfriend went to a local police station to complain that he was assaulted and beaten by her. He presented with scratches under his eyes and chest. He had obtained videotape of the incident from a neighbor’s ring camera. The police reviewed the evidence and charged our client with domestic assault and battery under G.L. c. 265 §13M. Prior to hiring our office the woman was arraigned. She had made several inculpatory statements to the police and to neighbors about the incident. Our office was hired. We demonstrated to the district attorney’s office that the alleged victim in this case had a history of violence towards our client and several other women. An agreement to pretrial probation under G.L. c. 276 §87 was entered. Today, all charges were dismissed, well in advance of the probation termination date.

Here are some of our thoughts on this case:

A conviction for domestic assault and battery under G.L. c. 265 §13M may result in deportation, denial of naturalization and exclusion from admission to the United States
Pretrial probation pursuant to G.L. c. 276 §87 often protects a defendant from deportation. This is often the best result for a charges of domestic assault and battery in Massachusetts
Pretrial probation requires the agreement and recommendation of the district attorney
To get the district attorneys in Massachusetts to agree to pretrial probation your lawyer will be required to provide a “breakdown letter” to the district attorney’s office. This letter addresses reasons why this result is warranted

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Diversion Granted for CEO of IT Company Charged With Sex For a Fee and Case Dismissed

Stephen Neyman — Fri, 18 Sep 2026 18:45:35 GMT

The defendant started a well known IT Company that employs over 1,000 people. The company is located in another state. Several months ago he was caught up in a sting operation in a Massachusetts city involving sexual services for a fee. The police placed a listing in a well known adult web portal advertising assorted sexual services for a negotiated fee. After back and forth text discussions an agreement to meet at a particular location was completed. Our client went to the location and, unbeknownst to him, met with an undercover police detective. After the client’s identity as the caller was confirmed he was arrested and charged with sex for a fee in violation of G.L. c. 272 §53A. Attorney Neyman was hired. We told our client to immediately take some prophylactic measures to ensure the best result possible. He complied by taking a prostitution awareness and prevention course and performing some community service. We then petitioned the Court for diversion pursuant to G.L. c. 276A. Over the objection of the Commonwealth the judge allowed our petition. He agreed that the course and the community service qualified as a program under the diversion statute and the charges against our client were dismissed.

Here are a few key points from this case:

The Massachusetts diversion statute enables judges to divert cases where the prosecutor’s recommendations are unreasonable such as in this case
Diversion programs can be fashioned to fit the criminal allegations and the defendant’s personal needs. In other words
Make sure you discuss a plan with your lawyer that can be presented to the judge
Diversion programs do not need to be approved by the prosecutor
Not all criminal defense attorneys understand how this law works so make sure to discuss this with your lawyer

Charges of OUI Against CPA Dismissed

Stephen Neyman — Wed, 16 Sep 2026 18:38:39 GMT

Over a year ago our client was driving in southeastern Massachusetts on a major highway. He rear ended a bus shortly after midnight. The impact of the collision was significant, causing the two vehicles to become attached. The police responded in minutes. During their investigation they asked our clients several questions. The answers to many of the questions did not make sense. For instance, our client could not remember how the accident happened. He did not know what time it was. He said he was driving home but the direction in which he was traveling was the opposite from where he needed to go. The responding officer was a member of the Massachusetts State Police, who now are mandated to wear body worn cameras. In the video our client refused field sobriety testing. He refused the breathalyzer test. The officer did however say on at least 3 occasions that he could not smell alcohol on our client. Our client was arrested and charged with OUI in violation of G.L. c. 90 §24. Today, Attorney Neyman succeeded in getting the case dismissed.

Here are some important facts to remember if you are charged with an OUI in Massachusetts:

Refuse the field sobriety tests
Refuse the breathalyzer tests
Refusing the take either the field sobriety tests or breathalyzer test cannot be used as evidence against you at trial

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Charges of Assault and Battery Against Physician do Not Issue After Clerk Magistrate Hearing

Stephen Neyman — Tue, 15 Sep 2026 18:29:29 GMT

Our client is a physician. A few months ago, after work he went to a local restaurant and sat at the bar waiting to meet up with his wife. While at the bar a belligerent patron sat next to him. For no apparent reason the patron started to verbally attack your client. He then struck him in the head with a plate causing some serious injuries. The police arrived and arrested the patron charging him with assault and battery by means of a dangerous weapon, a felony under G.L. c. 265 §15A. Represented by savvy counsel the man filed an application for a cross complaint against our client, the physician, alleging assault and battery in violation of G.L. c. 265 §13A. A clerk magistrate hearing was scheduled. Attorney Neyman was hired and today succeeded in getting the clerk magistrate to deny the complaint. The clerk magistrate did not find that the element of assault and battery were satisfied.

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District Attorney’s Request for Detention Under G.L. c. 276 §58A Denied After Dangerousness Hearing

Stephen Neyman — Mon, 24 Aug 2026 15:55:27 GMT

Our client was arrested and charged with domestic assault and battery under G.L. c. 265 §13M after he called 911 for assistance with his wife who was having a violent episode. When the officers arrived, following protocol, they separated the parties and interviewed them separately. The wife claimed that she was in fact the victim, a story that the police credited. The police later learned that our client lawfully possessed firearms. They went back to the home to retrieve the guns and found them stored improperly. Several charges of improper storage of a firearm were issued under G.L. c. 140 §131L as well. At the arraignment the district attorney moved for detention under G.L. c. 276 §58A, the Massachusetts Dangerousness Statute.. After a hearing the judge agreed with Attorney Neyman that the defendant was not a danger and he was released.

Complaint Against College Student for Forging or Misusing RMV Document Does Not Issue After Clerk Magistrate Hearing

Stephen Neyman — Thu, 20 Aug 2026 15:44:13 GMT

Our client is a college student doing very well at a local prestigious university. Earlier this summer she went to a bar using a fake identification card. The staff at the bar identified the document as a forgery and seized it. They subsequently contacted the local police who in turn summonsed the woman for a clerk magistrate hearing charging her with Forging or Misusing a Registry of Motor Vehicles document in violation of G.L. c. 90 §24B. This is a felony in Massachusetts, something that most people are not aware of. Our office was hired to represent the woman. Today, the clerk magistrate agreed not to issue the complaint.

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Charges of Receiving Stolen Motor Vehicle and Receiving Stolen Property Against Truck Driver Dismissed

Stephen Neyman — Fri, 14 Aug 2026 18:16:31 GMT

Over a year ago a woman was perusing Facebook Marketplace and saw her motorcycle listed for sale. She contacted the police in her town who in turn notified the police in the town where the goods were listed. Officers soon learned that this item and several other similar items were being stored at a storage facility being rented by our client. The investigating officers were further able to identify our client as the individual listing the items for sale. They obtained a search warrant and located several motorcycles and other items of value. Our client was charged with receiving stolen motor vehicle under G.L. c. 266 §28 and receiving stolen property over $1,200 in violation of G.L. c. 266 §60, both felonies in Massachusetts. A conviction or even a continuance without a finding for the motor vehicle related crimes would result in a license suspension for our client. He would have lost his job. Today, Attorney Neyman was able to get all charges dismissed.

Charges of Possession of Cocaine Against Engineer do Not Issue After Clerk Magistrate Hearing

Stephen Neyman — Fri, 14 Aug 2026 11:34:19 GMT

A few weeks ago, our client, an engineer, lost his wallet. A good Samaritan found the wallet and turned it into the police. The officers opened the wallet to see if they could determine whose property it was. While doing so they located a small amount of cocaine. The officers were able to identify the man. They contacted him to let him know they had his wallet. When he went to retrieve the wallet, he was asked about the drugs. He admitted they were his and he received a summons for a clerk magistrate hearing seeking charges of possession of cocaine in violation of G.L. c. 94C §34. Today, after a hearing the clerk magistrate declined to issue the criminal complaint.

Charges of Domestic Assault and Battery Against Non-Citizen Engineer Dismissed

Stephen Neyman — Tue, 11 Aug 2026 18:11:37 GMT

Our client is a non-citizen in the United States on a work visa. He has a job as an engineer working with a company that improves and enhances historic buildings throughout the country. In December police were called for a disturbance outside of a high end jewelry store. They arrived to find the alleged victim bleeding from her lip. She refused to tell them what happened, however a percipient witness did tell the officers that he witnessed our client, her husband, punch her in the face multiple times. Our client was arrested and charged with domestic assault and battery in violation of G.L. c. 265 §13M. Attorney Neyman was hired. Knowing that the wife intended to invoke her marital privilege the case was scheduled for trial fairly quickly. Today, all charges were dismissed.

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Complaint for Trespass Against High School Student Does Not Issue After Clerk Magistrate Hearing

Stephen Neyman — Fri, 07 Aug 2026 18:03:58 GMT

Our client is a student recently suspended from school for very serious threats to the school building, teachers and other students. He was charged with several crimes and given a no trespass order from the school. A few days after getting the order he violated by entering school grounds. He was given a summons for a clerk magistrate hearing seeking to charge him with trespassing under G.L. c. 266 §120. Today the clerk magistrate declined to issue the criminal complaint and the case was dismissed.

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Charges of Leaving the Scene With Personal Injury do Not Issue After Clerk Magistrate Hearing

Stephen Neyman — Thu, 06 Aug 2026 17:59:43 GMT

In the spring police were called to a scene for a hit and run. Upon arrival they found a woman who had been hit and run over by a car. The driver did not stop as the law requires. The woman was taken to the hospital to address multiple injuries, many of which required surgery. Investigating officers located security cameras. From that they were able to identify the car that hit the woman. It was registered to our client who was subsequently summonsed for a clerk magistrate hearing seeking to charge him with leaving the scene of an accident with personal injury and for leaving the scene of an accident with property damage. Both of these crimes fall under G.L. c. 90 §24. Today, after a lengthy hearing the complaint was not issued.

Sex For a Fee Case Against Engineering Company CEO Dismissed After Clerk Magistrate Hearing

Stephen Neyman — Thu, 06 Aug 2026 14:09:29 GMT

Our client is an engineer with a PhD from a top 10 engineering university in the greater Boston area. This past spring he responded to a listing on the Internet offering sexual services for a negotiated fee. This is a common way for prostitutes to offer their services in a fairly discreet manner. Once the services and price were established the defendant went to the arranged meeting place. He was met by an undercover female police officer. She called his cell which rang in her presence thereby confirming their earlier telephone contact. The officer quickly identified herself and provided our client with a summons for a clerk magistrate hearing seeking charges for sex for a fee in violation of G.L. c. 272 §53. Attorney Neyman represented the man at the hearing. No complaint was issued.

General Continuance for Dental School Student Charged With Larceny Over $1,200

Stephen Neyman — Wed, 05 Aug 2026 14:06:36 GMT

Several months ago our client was arrested for stealing over $1,200 worth of goods from a large department store. She was released from custody and given an arraignment date for larceny over $1,200, a violation of G.L. c. 266 §30, a felony in Massachusetts. She immediately contacted our office. Prior to arraignment we were able to convince the district attorney’s office to reduce the felony to a misdemeanor, larceny under $1,200 prior to arraignment and to agree to a general continuance of the case for 9 months. This means that without any acceptance of responsibility, this case will be dismissed.

Not Guilty Verdict for Construction Company CEO Charged With OUI

Stephen Neyman — Tue, 04 Aug 2026 14:03:45 GMT

Our client owns a large commercial construction company in Boston. Last September he was driving through an upscale suburb, crossing the double solid lines and driving erratically. Another driver reported her observations to the police and followed the vehicle. She stayed in contact with the police who ended up also observing the car’s concerning movements. A motor vehicle stop was effectuated and the man was put through some standard field sobriety tests. He failed. He then took a portable breathalyzer and blew over a .10. He was charged with OUI liquor in violation of G.L. c. 90 §24. Attorney Neyman was hired. A few months ago we succeeded in getting the judge to suppress the field sobriety tests. Today, after trial the defendant was found not guilty.

Charges of Indecent Assault and Battery on a Person Over 14 and Assault and Battery Dismissed

Stephen Neyman — Mon, 03 Aug 2026 13:57:20 GMT

Our client is 83 years old living in the greater Boston area. In May of 2025 a woman claimed that while jogging near a park our client stopped her by pushing her, kissed her on the cheek and grabbed her breasts over her clothes. Our client denied the allegations and was charged with indecent assault and battery on a person over 14, G.L. c. 265 §13H and assault and battery, G.L. c. 265 §13A. It became apparent that our client’s memory and cognitive functioning was impaired. Accordingly, we arranged to have him evaluated by a forensic psychologist. These findings, along with his recent medical records confirmed that he suffers from dementia, a condition that will never improve. Accordingly we filed a motion to dismiss under G.L. c. 123 §16(f). That section permits a judge to dismiss a matter over the objection of the prosecution if it is determined that the defendant will never be competent to stand trial. The motion was allowed and all charges were dismissed.

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Early Termination of Probation Granted For Entrepreneur Convicted of Drug Distribution

Stephen Neyman — Fri, 24 Jul 2026 20:41:05 GMT

Several years ago the defendant pleaded guilty to possession with the intent to distribute cocaine under G.L. c. 94C §32A. The charges were reduced from trafficking cocaine in violation of G.L. c. 94C §32E. He was a model probationer, getting a real estate license, becoming a licensed tax preparer and managing a large franchise for a national car rental company. He wanted to terminate his probation early and he hired our office to do so. Earlier today, Attorney Neyman convinced the district attorney, probation officer and judge that this was deserved. The judge with the agreement of the prosecutor and probation terminated our client’s probation.

Charges of Possession of a False or Stolen RMV Document and Underage Possession of Alcohol Against College Student do Not Issue After Clerk Magistrate Hearing

Stephen Neyman — Tue, 21 Jul 2026 20:36:08 GMT

In May of this year, our client, a young woman who just finished her freshman year in college was caught in a bar using someone else’s driver’s license and possessing alcohol while underaged. She was issued a summons for a clerk magistrate hearing for violating G.L. c. 90 §24B, using a false or stolen driver’s license and for violating G.L. c. 138 §34C, being a minor in possession of alcohol. We succeeded in getting the police detectives and clerk magistrate not to issue the criminal complaint.

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Pretrial Probation Terminated Early

Stephen Neyman — Fri, 10 Jul 2026 12:13:12 GMT

Several months ago our client was accused of pointing a gun at some roommates. The police never found the weapon. He was charged with assault by means of a dangerous weapon pursuant to G.L. c. 265 section 15B. We were able to get him pretrial probation under G.L. c. 276 section 87. The pendency of the probation impacted our client’s employment opportunities. The remedy was to move the Court to terminate the pretrial probation early. The district attorney and the judge agreed with our request. Today, probation were terminated and the case was dismissed.

Charges of Domestic Assault and Battery do Not Issue After Clerk Magistrate Hearing

Stephen Neyman — Mon, 06 Jul 2026 12:03:45 GMT

On May 4, 2026 police were called by a woman about a domestic assault and battery committed by her husband. She reported that about 7 hours earlier her husband returned home from an event extremely intoxicated. The couple began arguing about citizenship issues. She claimed that our client pushed her in the chest several times, causing her physical harm. The police could not locate the husband at that time. Rather than attempt to arrest the man, the police summonsed him to the courthouse for a clerk magistrate hearing alleging domestic assault and battery in violation of G.L. c. 265 section 13M. The clerk magistrate agreed with our argument that the allegation was dubious and that the complaint should not issue. Had this complaint been issued our client’s efforts toward obtaining his citizenship would have been damaged.

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