Case Results 2006
Domestic assault and battery against resident alien dismissed
Cambridge District Court # 06-2218. The prosecution alleged that on October 1, 2006 City of Cambridge police officers responded to the defendant's home. They were met by the defendant's wife who complained that during an argument the defendant struck her about the chest and face. Police officers further claimed to have seen redness to the wife's cheek and ear. At the time of this incident the defendant and his wife had been married for about one year. The defendant, an alien resident had concerns about his work and immigration status should he be convicted of the pending charges. During the third court appearance we had all charges against the defendant dismissed.
Stabbing case against Connecticut man dismissed after original conviction was vacated and a new trial ordered
Chelsea District Court # 99-1693. On October 10, 2006 Attorney Neyman convinced a judge sitting in the Chelsea District Court to vacate a 1999 conviction against a Connecticut laborer and to order a new trial. A deportation order requiring the defendant's removal from the country was pending at the time. Trial was scheduled for December 4, 2006. That day, our office had all charges dismissed and the case has been closed.
Charges of domestic assault and battery against local attorney dismissed and restraining order vacated
Newton District Court # 06-0959. The defendant, a local attorney was charged with domestic assault and battery in the Newton District Court. On the day of the alleged incident, the defendant's wife made a 911 call to the police and claimed that during an argument the defendant became agitated and assaulted her. The wife subsequently applied for and obtained a restraining order prohibiting the defendant from contacting the wife and to vacate the marital residence. All events were alleged to have occurred on October 18, 2006. On November 21, 2006 Attorney Neyman succeeded in getting all criminal charges dismissed and the restraining order vacated.
1999 conviction of Connecticut man vacated and new trial scheduled
Chelsea District Court # 99-1693. In 1999 the defendant, a Haitian laborer, was convicted of assault and battery by means of a dangerous weapon and assault and battery. It was alleged that during the course of a racially motivated argument the defendant stabbed the victim causing seriously injuries. Fearing an uncertain result after trial the defendant pleaded guilty to avoid jail time. A few years later, the government obtained a deportation order requiring the defendant's removal from the United States, notwithstanding the fact that he was gainfully employed, married and the sole provider for his children ages 8, 10 and 14. While that matter remained open on appeal, our office was contacted to vacate the plea in hopes of avoiding deportation. After hearing the sentencing judge agreed to vacate the conviction and the matter was put on a trial scheduling track for resolution.
Domestic abuse case against Pennsylvania man dismissed
Boston Municipal Court # 06-2913. The defendant, a 46 year old Pennsylvania man was charged with assault and battery by means of a dangerous weapon. The alleged victim was his girlfriend. The police reported that on May 1, 2006 they received a call from security personnel at a prominent Boston waterfront hotel. Upon arrival they found the alleged victim who claimed that the defendant kicked her about the head and face several times with a shod foot and his fists. The officers observed swelling and redness to the face corroborating the representations of the woman. Trial was scheduled for October 4, 2006. On that date all charges against the defendant were dismissed at the request of our office.
Case against Massachusetts woman charged with stealing over $8,000.00 dismissed
Boston Municipal Court # 05-5379. The defendant was the assistant manager of a Boston clothing store. The prosecution claimed that for an extensive period of time the defendant was falsifying time records for herself and other employees of the store, resulting in a theft estimated in excess of $8,000.00. On October 28, 2005 a complaint issued charing the defendant with larceny of $250.00. The crime carried a sentence of up to 2 years in the House of Correction or 5 years in State Prison. On October 3, 2006 Attorney Neyman succeeded in getting the case dismissed.
Charges of resisting arrest and disturbing the peace against college student to be dismissed
West Roxbury District Court # 06-2986. The Boston Police alleged that on the date of this incident they responded to a house party after receiving a report that a person with a gun was at this residence. When the police arrived at the scene they observed a crowd of approximately 100 people inside the residence and another crowd exiting the party and gathering on the sidewalk. Fights on the sidewalk erupted and one of the police officers alleged that the defendant refused to leave the area notwithstanding instructions to the contrary. It was further alleged that when the police tried to arrest the defendant for disorderly conduct he resisted arrest. All charges will be dismissed in 6 months provided that the defendant complete a 90 minute alcohol awareness program.
Charges of domestic assault and battery against a Boston businessman dismissed on day of arraignment
Boston Municipal Court # 06-5782.The Boston Police alleged in a report that after receiving a 911 call they arrived at the defendant's home and observed the purported victim holding ice to her mouth and complaining that the defendant had struck her and dragged her into his bedroom. The defendant was arrested and charges of assault and battery issued. On the day of arraignment all charges against the defendant were dismissed.
Charges dismissed against man accused of assaulting police officer and marijuana possession
Roxbury District Court # 06-2207. Police charged a Boston man with assault and battery by means of a dangerous weapon and possession of marijuana. It was alleged that on May 6, 2006 a police officer observed the defendant's car parked in an area known for high incidents of drug activity. The officer approached and observed the defendant and two passengers making furtive hand movements and attempting to hide something under the seat. As the officer approached to investigate the defendant started his motor vehicle and fled at a high rate of speed. While doing so the defendant's vehicle struck the officer causing physical injuries. The officer radioed for assistance and subsequently the defendant's vehicle was stopped. During a search marijuana was found on the defendant. Attorney Neyman succeeded in having all charges continued without a finding.
Alcohol possession charges against college Boston University student dismissed
Roxbury District Court. On May 8, 2006 several college students were celebrating the culmination of their freshman year final exams by hosting a party in their dorm room. The party spread to the dormatory rooftop where police spotted the defendant consuming alcohol. The investigation further concluded that the students were in possession of stolen property and charges issued at the Roxbury District Court. All charges against the individual our office represented were dismissed by a clerk magistrate after hearing.
Drug charges against college student dismissed
Roxbury Court Number: 05-1798. On April 15, 2005 a local college student was charged in the Roxbury District Court with possession with the intent to distribute Class C and Class D substances and with doing so within 1000 feet of a school zone. The charges carried a minimum mandatory two year period of incarceration. The complaint stemmed from a four month investigation during which local police received numerous complaints that the defendant was selling marijuana and "psychedelic mushrooms". On several occasions, police arrived at the defendant's dormatory room and smelled the odor of burnt marijuana. Police learned from confidential sources that the defendant kept the marijuana and other substances in a gray lock box. On April 15, 2005, armed with a search warrant, police searched the defendant's room and seized the lock box. The lock box was forcibly opened and located inside were "psychedelic mushrooms", marijuana and other items consistent with drug distribution. Our office filed and argued motions to suppress claiming that the search and seizure of the gray lock box was unlawful and in violation of the defendant's constitutional rights. A District Court judge agreed and on April 10, 2006 all charges were dismissed.
Charges of aggravated assault and battery by means of a dangerous weapon dismissed
East Boston Court # 05-0277. On February 26, 2005 Boston Police responded to a call detailing an incident of domestic violence. Upon arrival the police spoke with the victim who stated that the defendant had smashed her head off the interior window of his truck and attempted to throw her out of the vehicle while it was still moving. The victim further told the police that the defendant had punched her in the mouth two times. The police observed the woman to have swollen lips, and fresh red marks to the left side of her head and face. The defendant was arrested and charged with aggravated assault and battery by means of a dangerous weapon and faced a prison charge of up to fifteen years. Our office succeeded in getting all charged dismissed on the day of trial.
Man acquitted of distributing heroin in a school zone
East Boston Court #05-0640. In an undercover capacity Boston Police witnessed the defendant engaged in a drug transaction with a known female heroin user. The police apprehended the woman and found a sizable quantity of heroin in her possession. The woman admitted that she had just made the purchase from the defendant. She provided law enforcement with his name and address. The information she provided was corroborated by the undercover officers' observations. In addition, in their report the police described the defendant as "known to officers, and sells heroin in the East Boston community". The defendant was subsequently arrested and charged with selling heroin in a school zone, a charge that mandates more than two years incarceration. After trial the defendant was acquitted of all charges.