Case Results 2019
Not Guilty Verdict After Jury Trial For Man Charged With Indecent Assault and Battery on a Child Under 14
On December 14, 2017 the a forty-five year old man accompanied his girlfriend and her two children to the girlfriend's annual family Christmas party. The party was held at a large hall and attended by approximately forty people. A Yankee Swap was the focal point of the event and held in the function room portion of the hall. This room was protected by security cameras that recorded the event. The recording was presented as an exhibit during the trial. The footage lasts twenty four minutes. It shows the victim, the defendant's girlfriend's seven year old daughter, sitting in his lap. At one point in the video a woman is seen taking the child off of the defendant's lap and pointing at the defendant in an angry manner. This woman testified that the defendant was rubbing the girl's private area over her clothes. Another witness, the victim child's aunt, also testified to observing this act. The defendant was charged with indecent assault and battery on a child under the age of 14, a violation of G.L. c. 265 Section 13B. If convicted the defendant would have had to register as a sex offender, would have had a felony conviction and would have gone to jail. He hired Attorney Stephen Neyman to try the case. After a contentious trial Attorney Neyman succeeded in getting a not guilty verdict. The defendant was acquitted of all charges.
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Charges of Assault and Battery and Disorderly Conduct Against Woman With High Government Security Clearance Do Not Issue After Clerk Magistrate Hearing
The defendant is a high level government employee. Several months ago she received an application for a criminal complaint charging her with assault and battery under G.L. c. 265 Section 13A and disorderly conduct under G.L. c 272 Section 53. The application stemmed from an incident that occurred on October 18, 2018. A Massachusetts State Police Officer responded to a call from a Lyft driver who stated that our client was drunk and vomited in his car. When the driver pulled over and asked the woman to leave his car she hit him. She was not arrested however she received a summons for a clerk magistrate on these charges. She hired Attorney Stephen Neyman who today succeeded in convincing the clerk magistrate not to issue a complaint.
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Pretrial Probation for Accountant Charged With Felony Malicious Destruction to a Motor Vehicle
The defendant is a partner in a large accounting firm. He lives in a very exclusive neighborhood in one of Boston's most lavish suburbs. On September 23, 2018 one of the defendant's neighbors saw him "keying" his car. The vehicle had been keyed on several other occasions, each time following a dispute between the neighbors. The victim never saw our client actually commit the act until this date. Not only did he personally witness it but he had installed surveillance equipment to identify the person. The police were called. They watched the video and listened to the victim's recitation of the events. Accordingly, they charged our client with violating G.L. c. 265 Section 28 malicious destruction to a motor vehicle. This is a felony in Massachusetts. A conviction or even a continuance without a finding would cost our client his job. Today, Attorney Neyman was able to get the charges reduced to a misdemeanor and resolved by way of pretrial probation under G.L. c. 276 Section 87. Our client will have no record and the case will be dismissed.
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Charges of Domestic Assault and Battery Against School Teacher Dismissed on Day of Trial
The defendant is a school teacher in a suburban Boston public school. On June 21, 2018 police responded to a call for a domestic disturbance. They met with the victim, husband of the defendant, at the front door of their home. He was covered with blood and bleeding from his face and nose. His shirt was torn and deep scratch marks along his chest and neck were visible. He immediately stated that he was hit by his wife. The police interviewed several neighbors who heard the commotion. All of them stated that there had been several incidents of violence in the home and that hit had been going on for months. The woman was arrested and charged with domestic assault and battery in violation of G.L. c. 265 Section 13M. We scheduled the case for trial today. The victim, husband, invoked his marital privilege preventing the district attorney from calling him as a witness. However the prosecution did try to get the judge to allow the admission of his statements when the police arrived under and excited utterance exception to the hearsay rule. We prevailed on the judge to deny the motion and the case was dismissed.
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Charges of Strangulation or Suffocation Against Electrical Union Worker Dismissed on the Day of Trial
The defendant is a twenty-three year old man working in a local electrical union. On May 27, 2018 police responded to a call at a gas station to investigate an incident. There they were met by the defendant who admitted to pushing his girlfriend by the throat following an argument. The victim confirmed the confession and added that the defendant punched her as well. She described the push in the neck as strangulation. She claimed that it lasted several seconds and that she could not breathe. The defendant was charged with strangulation or suffocation under G.L. c. 265 Section 15D. Today, that charge was dismissed.
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Conditions of Release Modified to Permit Defendant to Return to Workplace Where Victim Also Works
The defendant was charged with indecent assault and battery stemming from an incident with his co-worker. Prior to our office entering an appearance on this case the defendant was ordered to stay away from the alleged victim and her place of employment. The two worked at the same establishment. This effectively put our client out of work. Attorney Neyman was hired to represent the defendant. Today, we went into court and had the conditions of release modified to permit our client to return to work.
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Charges of Soliciting a Prostitute Attempting to Commit a Crime and Sex For a Fee Against Pharmaceutical Executive Dismissed
On November 1, 2018 the defendant found himself caught in the middle of a human trafficking investigation in a southeastern Massachusetts town. He had been frequenting local massage parlors and soliciting sexual services over the Internet for years. Unbeknownst to the man one of the massage parlors had been under investigation for human trafficking. Our client was observed attending this establishment on multiple occasions. An informant who was also a prostitute working at this business identified our clients as one of her clients. He was stopped on November 1, 2018 exiting the business. Officers interrogated him. He panicked and confessed to being a frequent customer. He also surrendered his cell phone and permitted a search. Additional material appeared on the phone suggesting his common use of prostitutes. The man, a pharmaceutical executive was charged with sex for a fee G.L. c. 272 Section 53A, attempt to solicit a prostitute G.L. c. 274 Section 6 and soliciting a prostitute G.L. c. 272 Section 8. He hired Attorney Stephen Neyman. All charges were dismissed today.
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Restraining Order Against Local College Student Vacated on Return Date
Less than ten days ago a local college sophomore received a restraining order pursuant to G.L. c. 209A from his former girlfriend. In support of her petition for the order the woman claimed that our client had stalked her dormitory, texted her incessantly and forced her to have sex with him. She further complained that our client owned firearms and that he was physically and verbally abusive to her. The man hired our office. Today was the return date for the extension of the order. Attorney Neyman was able to have the order vacated. This will not be on his CORI.
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Domestic Assault and Battery Case Against Business Owner Dismissed
On August 13, 2018 police in a Boston suburb were dispatched to a report of a fight between two people in a parking lot. When they arrived they were met by a woman who complained that her ex-boyfriend, the defendant, had pushed her, grabbed her by the hair and neck and shoved her into a car. Bystanders witnessing the incident corroborated the victim's account. The man was charged with domestic assault and battery under G.L. c. 265 Section 13M. With our assistance the man applied for and was granted a cross-complaint against the victim. Cross complaints are very effective and rarely used proceedings at which a defendant can assert his versions of the event to a clerk magistrate in hopes of getting a criminal complaint to issue against the "victim". In this case the strategy prevailed. The "victim" agreed to assert her Fifth Amendment privilege against self-incrimination and, today the complaint against our client was dismissed.
Read More in G.L. c. 265 Section 13M
Pretrial Probation Under G.L. c. 276 Section 87 For Software Systems Analyst Charged With Sex For a Fee and Attempt to Commit a Crime and Soliciting a Prostitute Dismissed
The defendant is a software systems analyst overseeing all technology for a local company employing in excess of one thousand people. On December 15, 2018 the man responded to an Internet advertisement listing full service sex for a negotiable fee. The advertisement was placed by police acting in an undercover capacity. Our client responded to the listings. He and the undercovers texted at length agreeing to particular services and a price. They agreed to meet at a specified location. When our client arrived he went to a designated hotel room where he was confronted by the undercover officers. He voluntarily produced his cell phone which showed the text. He was charged with several sex crimes, sexual conduct for a fee G.L. c. 272 Section 53A, attempting to commit a crime G.L. c. 274 Section 6 and soliciting a prostitute G.L. c. 272 Section 8. He hired our office to represent him. Today, we secured pretrial probation under G.L. c. 276 Section 87 on the sex for a fee case and the remaining charges were dismissed. After 90 days the sex for fee case will be dismissed as well. Our client will have no criminal record.
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Pretrial Probation Under G.L. c. 276 Section 87 For Three Months for Non-Citizen Law Student Charged With Beating Wife
The defendant is a third year law student in Boston. He was charged on two occasions with assaulting and beating his wife in violation of G.L. c. 265 Section 13M. The first incident occurred on May 4, 2018. On that date, officers responded to an apartment and found a woman, the defendant's wife, complaining of pain to her ribs. She was dizzy and nauseous as well. She told the police that earlier that day, while walking to the gym her husband grabbed her by the hair and pulled her down the street. When she resisted he struck her in the ribs several times. She lost her breath and consciousness for a brief period of time. A civilian witnessed the incident and reported it to the police. The man was arrested and charged with the crime. About one month later, with the first case pending, the wife again called 911. She reported that the defendant had hit her in the head and then pushed her head into the bedroom wall. Again the defendant was arrested and charged with the same domestic assault and battery offense. The cases were consolidated. Today, Attorney Neyman was able to get pretrial probation under G.L. c. 276 Section 87 for three months. The man, who is a non-citizen will have no record and no immigration problems. Probation will terminate prior to his graduation from law school.
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Bail on Rape Case Reduced and Home Detention Vacated
The defendant is charged with rape under G.L. c. 265 Section 22. He was originally held on dangerousness under G.L. c. 276 Section 58A. Attorney Neyman was able to negotiate his release to home detention with conditions that he wear a GPS monitoring device with exclusion zones. The case was scheduled for probable cause hearing on two occasions. The district attorney's office failed to indict within a reasonable time period. Today, Attorney Neyman successfully moved the court to lift the home detention condition.
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Probation Terminated Early on Case Continued Without for Indecent Assault and Battery
The defendant was charged with indecent assault and battery on a hotel worker, G.L. c. 265 Section 13H. The case was high profile. At the time the defendant was a student at a prominent university visiting Boston. After over a year of litigation we were able to secure a continuance without a finding for the accused. He was recently accepted to a graduate program at the same institution. The CWOF would appear in background checks until such time as the probation terminated and the case was dismissed. Thus, without terminating probation the school would have rescinded the acceptance. Attorney Neyman was hired by the defendant to go back into court and move to terminate the probation. Today, we succeeded in that endeavor and the case was dismissed.
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Drug Distribution Case Dismissed
On May 11, 2018 members of a suburban Boston city narcotics task force were monitoring an area known for significant drug activity. Officers observed drug dealers with whom they were familiar congregating in a parking lot in their cars and on their cell phones. The police monitored the situation for several hours and watched as drug users with whom they were familiar approached the cars and passed objects. The officers believed the passing activity was the exchange of drugs. Officers followed the perceived buyers and learned that in fact they had just purchased from the dealers at the parking lot. One of the officers acting in an undercover capacity approached one of the cars, our client's car, and engaged in a purchase of cocaine. Our client was arrested, searched and found to be in possession of large quantities of drugs. He was charged with distribution of class B, G.L. c. 94C Section 32A, possession of class E, possession of class B and possession with intent to distribute class E, G.L. c. 94C Section 32D. Today, our office succeeded in getting all charges dismissed.
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Felony Charges of Malicious Destruction to a Motor Vehicle do not Issue After Clerk Magistrate Hearing
The defendant is a partner in a major downtown Boston financial institution. In August of 2018 he was riding his moped on a busy street in a south shore town. A large SUV being operated by a young woman approached him at a distance he felt was very close. Angered, the man smashed the side mirror of the SUV causing damage. He was given a summons for a clerk magistrate hearing charging him with malicious destruction to a motor vehicle under G.L. c. 266 Section 28. This is a felony in Massachusetts. The man was also charged with violating G.L. c. 90 Section 24, negligent operation of a motor vehicle. He hired our office to defend him. Today, after a clerk magistrate the complaint did not issue.
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Pretrial Diversion for Non-Citizen Charged With Felony Assault by Means of a Dangerous Weapon
On October 18, 2018 police in a Boston, Massachusetts suburb responded to an apartment building on a call for a domestic disturbance. They met with the victim who told them that at 2:00 a.m. she and her roommate got into a verbal dispute about their lease. The argument escalated to a level of violence. The victim alleged that our client threw a computer modem at her and made several threats. The incident was witnessed by the victim's boyfriend who corroborated the victim's statements to the police. The defendant was charged with assault by means of a dangerous weapon under G.L. c 265 Section 15B. She hired Attorney Stephen Neyman who continued the arraignment to investigate the case. The charges are a felony in Massachusetts and the defendant who is a non-citizen would risk deportation if convicted. Today, our office succeeded in getting pretrial diversion under G.L. c. 276A. The defendant was not arraigned, has no pcf number and will not face any immigration consequences.
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Two Felony Charges of Malicious Destruction of Property Over $1,200 Dismissed Prior to Arraignment
In June of 2018 police in a western Massachusetts city responded to a call for a report of vandalism. Upon arrival they spoke with the supervisor of a large apartment complex who had observed significant damage to artwork and furniture in a common area of the building. While investigating the officers observed cars parked below the building that had sustained damage as a result of objects being thrown out of the window and striking the vehicles. Blood droplets led the police to the defendant who resided in the apartment. Officers quickly learned that the defendant had committed the damage and was injured in the process of doing so. He was located at a local hospital where was interviewed. He confessed to the crimes. He was charged with two counts of felony vandalism under G.L. c. 266 Section 126A. Attorney Stephen Neyman was hired. On two occasions the arraignment was continued so that our office could work towards an accord and satisfaction under G.L. c. 276 Section 55. After succeeding in doing so we convinced the district attorney's office to reduce the charges to misdemeanors and agree to dismiss all counts prior to arraignment. The defendant will have no entries on his CORI.
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Pretrial Probation For Graduate Student Terminated Early
The defendant is a graduate student in the process of completing her Masters program at a local university. She was recently accepted for a doctorate program in another state. Several months ago we were able to secure for her pretrial probation pursuant to G.L. c. 276 Section 87 on a serious case. The term of probation was to run until May of 2019 when she is scheduled to graduate. However, her student visa is expiring and the pending probationary status would prevent her from having it extended. Furthermore, the PhD program would not permit her to enroll with probation pending. Attorney Neyman went into court and over the objection of the complaining witness and the district attorney's office he was able to have the judge terminate probation.
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Bail Reduced After Contentious Bail Reduction Hearing for Woman Charged With Motor Vehicle Homicide
The defendant is charged with motor vehicle homicide under G.L. c. 90 Section 24. Prior to the case being charged the defendant was accused of making statements suggesting that she intended to flee to Puerto Rico where she has relatives and friends. She was quickly apprehended, charged and had a very high bail set in the district court. Attorney Stephen Neyman was retained to represent her for a bail appeal. Our office was able to get the bail reduced that has enabled her release.
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