Case Results 2023

The defendant is a professor teaching graduate students in a major top rated university. The other night he was clocked at over 100 miles per hour not long after dark. He was pulled over by state police officer. The report indicated that the man had slurred speech, an inability to process simple commands and a strong odor of alcohol coming from his breath and car. The officers administered field sobriety tests; specifically the walk and turn test, the one legged stand test and a distorted version of the alphabet test. He failed the first two and ironically passed the alphabet test which required him to say the alphabet backwards starting with the letter T until he got to E. Taking the field sobriety tests was his first mistake. Subsequently, he agreed to a breathalyzer test. He blew a .17, more than twice the legal limit. He was charged with OUI in violation of G.L. c. 90 section 24. Needing his driver's license immediately and recognizing the difficulty in winning this case, the man opted for a quick resolution wherein he can promptly resume his operating privileges. He was given a CWOF under the 24D program. He gets a hardship license later this week and full operating privileges in 45 days. 

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Last month we succeeded in getting a judge to suppress what she agreed was an unlawful search and seizure in relation to a gun case. Our client, a nurse had been charged with unlawful possession of ammunition under G.L. c. 269 section 10(h), improper storage of a firearm, G.L. c. 140 section 131L and possession of a firearm in violation of G.L. c. 269 section 10(a). The district attorney's office refused to appeal the ruling and today the case was formally dismissed. 

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The defendant is a store owner who lives out of state. In January of this year was in Massachusetts visiting his girlfriend. According to the girlfriend, he had been acting in a very strange, almost psychotic manner for several weeks. On this day of this incident this behavior repeated itself and the woman told our client to leave her home. He refused and went to sleep. She woke him up. This caused him to get enraged. He threw her down on the ground, threw her phone against a wall, breaking and put his hands over her mouth to get her to stop screaming. Our client also threatened to kill the woman. She freed herself and ran to a neighbor for help. She was bloodied and crying uncontrollably. The police tried to locate our client. Apparently he had left Massachusetts to return to his native state. At that time our office was hired to represent the man. We convinced the magistrate not to issue a warrant but rather to permit him to self surrender. When he did, our office was with him and, after being charged with domestic assault and battery, G.L. c. 265 section 13M, intimidation of a witness, G.L. c 268 section 13B and suffocation and strangulation, G.L. c 265 section 15D we had him released on personal recognizance. Today, we succeeded in getting all charges dismissed. 

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Our client is a college student with a 3.9 GPA at a top 10 university in the Boston area. In March of this year he was at a department store known for its high end clothing. Succumbing to temptation, the man secreted a designer jacket in a bag that he had from another store. The jacket cost over $1,200, thereby making its theft a felony in Massachusetts. Loss prevention personnel saw the activity and confirmed it on security videos. Our client was detained and questioned. He admitted to his criminal activity and received a summons for a clerk magistrate hearing charging him larceny over $1,200 in violation of G.L. c. 266 section 30. Our office was hired to defend him. Today, we convinced the clerk magistrate not to issue the complaint. There will be no record of this individual's criminal activity. 

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Attorney Neyman got our client pretrial probation under G.L. c. 276 section 87 over a year ago for a domestic assault and battery, G.L. c. 265 section 13M. The client, a software engineer working for a nationally recognized business, needed this sealed to ensure that promotions and possible moves to competitor establishments would not learn about the allegations levied against him over three years ago. He asked us to get this sealed under G.L. c. 276 section 100C. We brought the case into court today and prevailed on the judge to seal the matter. 

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The defendant is a commercial architect who designed buildings throughout the country. This past January police were called to his home for a report of a fight. They arrived and met with the victim, our client's wife. She reported that the two had been arguing for a couple of days about veterinarian bills for one of their pets. The argument became physical and our client apparently threw his wife on their bed. The fall caused her to hit her head on an ironing board. Charges of domestic assault and battery under G.L. c. 265 section 13M followed. Today, Attorney Neyman was able to get pretrial probation under G.L. c. 276 section 87 for the client. All charges will be dismissed in a few months. 

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Our client is a college student. In August of last year he, along with other men his age were observed stealing catalytic converters from several cars in a city north of Boston. The police responded to an eyewitness report of this activity and quickly learned that the defendant was driving the car leaving the crime scene. The police stopped him and located the stolen parts. He was charged with taking and stealing motor vehicle parts G.L. c. 266 section 28 and possession of burglarious tools G.L. c. 266 section 49. Both of these are felonies in Massachusetts. More importantly, any conviction or admission to taking and stealing motor vehicle parts results in a revocation of driving privileges. Attorney Stephen Neyman was able to get these charges dismissed. 

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Our client is a paramedic who has been working for the same company for over a decade. In August of last year our client was caught on videotape taking two fishing poles from a boat docked at a well known marina. The police were able to identify our client from footage showing him taking the items and placing them in his car. The license plates revealed our client to be the owner of the car and registry images confirmed his identity. He was charged with two counts of larceny under $1,200, G.L. c. 266 section 30, both misdemeanors in Massachusetts. We were able to convince the district attorney's office to agree to a general continuance, often called pretrial probation under G.L. c. 276 section 87. All charges will be dismissed in a few months. 

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Nearly one year ago police at a suburban Boston police department responded to a call for an assault and battery. They interviewed the complaining witness who told them that she and her former boyfriend, the defendant, began arguing about parenting their toddler son. The woman claimed that she tried to leave and that our client physically assaulted her by trying to prevent her exit. He was charged with domestic assault and battery under G.L. c. 265 section 13M. Our client is a financial analyst and any conviction or resolution short of an acquittal or dismissal would have resulted in termination of his employment. Today, we were able to get the case dismissed. 

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Our client is a well known writer who has recently sold some best selling stories. Several months ago he was working at a production company, writing, editing and overseeing a movie. One of the employees observed him "upskirting" a woman who was also employed at that facility. The police were called. They interviewed our client who accepted responsibility for what he had done. He was charged with attempting to photograph an unsuspecting person in the nude in violation of G.L. c. 272 section 105(b). He immediately hired our office to represent him. We had him evaluated by a well known forensic psychologist who concluded that he was not a risk to reoffend and that his actions were brought on by depression triggered by a substantial personal matter. Based on this set of circumstances, we prevailed on the judge to continue the matter without a finding CWOF. The case will be dismissed after the completion of a short probationary period during which our client must engage in counseling. 

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The defendant is a registered nurse who travels from state to state working in hospitals and providing acute care for seriously ill people. She is properly licensed to carry a firearm in her home state. She often works in violent neighborhoods in large cities. Her hours vary. At times her shifts end late at night or in the early morning hours. Consequently, she carries a handgun for protection. Several months ago she was working in a Boston suburb. After a 12 hour shift she returned to her hotel room. She had dinner and went to sleep. At that time she was sharing a room with another nurse whose boyfriend was staying with them in the hotel. The other nurse went to work. Our client went to sleep around 8:30 at night. She kept her gun and car keys in her pocketbook, next to her in her hotel room. While she was sleeping, the boyfriend took her pocketbook, left the hotel room and took her car for a ride. He got into an accident. The police arrived, interrogated the man and searched the car and its contents. Inside the pocketbook they found the gun. The man identified our client as the owner of the gun. The police then went to her hotel room and interrogated her. Their investigation led them to charge our client with unlawful possession of a handgun, a crime under G.L. c. 269 section 10(a). She was also charged with improper storage of a firearm under G.L. c. 140 section 131L and unlawful possession of ammunition, G.L. c. 269 section 10(h). Today, Attorney Stephen Neyman argued a motion to suppress the search and seizure. The judge agreed that the police acted unlawfully and in violation of our client's constitutional rights. 

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Our client is a law enforcement officer in a large suburban Boston city. About a year ago he was involved in a skirmish involving the boyfriend of his stepdaughter. The police arrived following a 911 call. During their investigation the step daughter told officers that the fight centered on her complaint that years earlier our client had sexually assaulted her. The police recorded their interview of the step daughter. She complained that in 2017 she was home sick with a very serious virus, one that typically requires isolation and hospitalization. Her mother was out however her younger sister and the defendant were home. She complained that our client went into her bedroom wearing only boxer underwear. He then began to kiss her and fondly her private areas. He was charged with indecent assault and battery on a person over the age of 14, a felony under G.L. c. 265 section 13H. Our office was able to demonstrate that the step daughter never had this virus and that her sister refuted her allegations. Today, the day of trial all charges were dismissed. 

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The defendant is a construction worker around 60 years old. His wife ran a daycare in the family home. Over three years ago the facility shut down after the owner's husband, our client was accused of raping and sexually assaulting sisters ages three and six. Here is what was alleged. In January of 2020 the father of the girls picked the children up from daycare. On the ride home, the three year old told her father that our client digitally penetrated her that day. The next day, the older sister made a similar complaint to her mother. The police were notified. The children were taken to the hospital where they were examined. Police conducted recorded interviews of the complaining witnesses and their parents, the first complaint witnesses. The district attorney's office conducted a forensic interview (SAIN) with both victims. After the investigation our client was charged with rape of a child, two counts in violation of G.L. c. 265 section 22. Several months ago we were able to get one of the counts, the one pertaining to the younger victim dismissed. The second case was reduced by the district attorney's office to an indecent assault and battery on a child under the age of fourteen, G.L. c. 265 section 13B. We went to trial on that. Today, the jury found our client not guilty of these charges. 

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On August 30, 2022 police in a Boston suburb received a call for a disturbance in a parking lot. When they arrived they learned that the defendant, a non-citizen, was acting irrationally, challenging everyone in the parking lot to a fight. She was chasing patrons, throwing objects at their cars and threatening everybody in the vicinity. When the police tried to calm her down she kicked an innocent bystander with her shoes. She was arrested and charged with assault and battery by means of a dangerous weapon, to wit a shod foot in violation of G.L. c. 265 section 15A. Today our office was able to get her pretrial probation pursuant to G.L. c. 276 section 87. This will have no impact on her status whereas a felony conviction or even a continuance without a finding might have resulted in her deportation. 

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Just over a week ago we got this client, an Army veteran, out of jail as he had been held under 58A dangerousness. The underlying case itself was troubling. Several months ago a woman heard a female screaming that she was being strangled and needed help. The witness looked out of her window and saw a man dragging the woman into a pickup truck. She immediately called the police. The woman complained that the defendant, her boyfriend, had strangled her twice during a fight. He took her cell phone so that she could not contact the police. He tried to force her into his truck. He kicked her and threw her into a wall as well. The responding officers observed injuries to the woman consistent with her statement. The defendant was charged with assault and battery by means of a dangerous weapon G.L. c. 265 section 15A, kidnapping G.L. c. 265 section 26, strangulation G.L. c. 265 section 15D, domestic assault and battery G.L. c. 265 section 13M, intimidation of a witness G.L. c. 268 section 13B and relative crimes of domestic violence. Today, we succeeded in getting these charges dismissed. 

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Our client is a local union worker who was in a fight last May. The fight was captured on a surveillance camera. Both our client and the person with whom he was fighting were charged with assault and battery, G.L. c. 265 section 13A. The video was unclear as to who started the fight. Going to trial presented an unnecessary risk. Even though our client and the other party invoked their 5th amendment rights the video presented them with a dilemma. Consequently, our client (and the other party) opted for pretrial probation under G.L. c. 276 section 87. The case will be dismissed in 60 days. 

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In July of 2022 a woman walked into a police station to report a sex crime. She worked at a local coffee shop. One of the regular patrons went into the establishment and displayed his genitals. Apparently he had this two times prior to co-workers. Video evidence led the police to the man who was arrested and charged with open and gross lewdness under G.L. c. 272 section 16. Our office succeeded in getting him pretrial probation under G.L. c. 276 section 87. In a few months this case will be dismissed. 

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Our client is a pharmacist living near Boston. In the summer of 2022 a local police task force identified an email address linked to the defendant flagged for accessing child pornographic materials on the internet. The email address was using an IP address also linked to the defendant. The investigating officers contacted the defendant and tried to arrange a meeting to discuss their findings. Our office was hired immediately. We declined the invitation to meet with the police. A summons for a clerk magistrate hearing was issued charging our client with possession of child pornography in violation of G.L. c. 272 section 29C. During the hearing we convinced that clerk magistrate not to issue the complaint, citing Massachusetts case law demonstrating that this case could not be proved. The clerk magistrate agreed and the complaint did not issue. 

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Before our office was hired for this case, the defendant was held for 120 days on the Massachusetts 58A Dangerousness statute for various crimes, domestic assault and battery, G.L. c. 265 section 13M, intimidation of a witness, G.L. c. 268 section 13B, kidnapping, G.L. c. 265 section 26, strangulation, G.L. c. 265 section 15D and more. Once we were retained we went into court and secured his release. 

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Our client owns a restaurant in a Boston suburb. On August 29, 2022 several local thugs congregated in front of his store threatening patrons. Our client tried to get the people to leave peacefully. He then called the police to no avail. As the people became more threatening, our client retrieved his handgun from his car. On his way back into the restaurant he was struck in the head by one of the individuals several times. He defended himself by hitting the man in the head with the gun. He was then stuck from behind again, this time by another person. He sustained a large cut in his head requiring staples and surgical repair. For some inexplicable reason, our client was charged along with the others notwithstanding the fact that he was acting in self defense. The charges were assault and battery by means of a dangerous weapon, to wit a firearm in violation of G.L. c. 265 section 15A. Today, we were able to get the case dismissed. 

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The defendant owns a chain of hair salons in the greater boston area. In December of 2022 she was dining at a local restaurant drinking martinis. She left to drive home. On the way she was on her cell phone. She dropped the phone between the passenger seat and the console. When she attempted to retrieve the phone she sideswiped a parked car and careened into another car. Witnesses called the police. She was observed to be unsteady on her feet. She had a strong odor of alcohol on her person. She failed certain field sobriety tests and was arrested and charged with OUI pursuant to G.L. c. 90 section 24. Not wanting to risk a trial and in need to get her driver's license back she wanted to resolve the case as soon as possible. Today, we had the charges continued without a finding (CWOF). This case will be dismissed after the completion of a course. 

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Our client owns a local business specializing in athletic venue designs. He is well renowned throughout the country. In October of last year he was golfing with several friends. After finishing a round a large group went to a local bar where they had drinks and dinner. Afterwards, the group went back to the course where the defendant had left his car. On his way home he rear ended a car. A police officer in the vicinity actually heard the crash and within seconds arrived at the scene. He observed the defendant behind the wheel of his car, airbags deployed. The defendant's speech was slurred, he had red and bloodshot eyes and he smelled of alcohol. He refused to take the breathalyzer test as well as any field sobriety tests. He was arrested and charged with OUI in violation of G.L. c. 90 section 24. Our office was hired. Today, after trial our client was found not guilty. 

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The defendant is a local business owner who owns multiple businesses including car rental companies and apartment complex rentals. In April of 2019 he was under investigation by local law enforcement for drug dealing and gun possession. The defendant had been seen engaging in drug sales. He and his associates were known to carry guns. After over a month of surveillance and controlled drug buys our client was seen by undercover officers selling drugs. He was stopped and searched. Underneath his seat police located a handgun. He did not have a license to carry. The gun was loaded. The officers also found a significant quantity of a class C drug. Our client was arrested and charged with carrying a gun without a license, G.L. c. 269 section 10(a), carrying a loaded firearm, G.L. c. 269 section 10(n) and possession with intent to distribute a class C drug, G.L. c. 94C section 32B. He hired our office to represent him. The trial was delayed significantly due to COVID. Today, the case finally made it to trial. The defendant was found not guilty of all charges. 

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The defendant is retired. She recently came upon difficult times after her financial advisor stole all of her retirement money. In an act of desperation, she resorted to stealing small amounts of food at local stores so that she could eat. She got caught and was summonsed for a clerk magistrate hearing charging her with shoplifting by asportation in violation of G.L. c. 266 section 30. Our office represented her and convinced the clerk magistrate not to issue a complaint. All charges were dismissed. 

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Our client owns a large insurance agency. In March of 2022 he was driving behind someone operating at least 20 mph below the posted speed limit. Our client attempted to pass him on several occasions. However, the other driver kept blocking our client deliberately, not letting him pass. An exchange of middle fingers followed. Suddenly, our client proceeded to attempt to pass the man notwithstanding the efforts to block him. This resulted in our client striking the other vehicle causing a significant amount of damage. Moreover, all of this was caught on video. Our client was charged with reckless operation of a motor vehicle in violation of G.L. c. 90 section 24. Today, we were able to get the case continued without a finding. More importantly, the judge agreed with our request to recommend that the registry of motor vehicles not suspend our client's driver's license. 

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Our client is a firefighter who has been working for a highly populated city for many years. In February of 2022, police were called for a report of a fight alleged to have occurred outside of a home. Independent eyewitnesses told the officers that during an argument our client hit his stepdaughter and her boyfriend. Physical evidence corroborated their observations. Our client was charged with two counts of assault and battery under G.L. c. 265 section 13A. Today, the day of trial, we were able to get all charges dismissed. 

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This past November our client was in college at a suburban Boston school. He was carrying a large hunting knife in a sheath on his belt. One of the professors at the school saw this and reported it to campus security. The man was located at his dorm. He admitted to carrying the knife and was given a summons to appear for a clerk magistrate hearing charging him with carrying a knife on school property, a crime under G.L. c. 269 section 10j. He hired our office to represent him. With the help of a very compassionate campus police detective the magistrate agreed not to issue the complaint. All charges were dismissed. 

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Our client delivers large items such as appliances for many companies. In July of 2021 he made a delivery to a woman who lived alone. The two struck up a conversation. Our client eventually asked her for a hug. She complied with his request. However, he took matters further, touching her buttocks and breasts over her objection. The woman froze and only after the defendant left was she able to call the police. Our client was arrested and charged with indecent assault and battery in violation of G.L. c. 265 section 13H. That crime is a felony in Massachusetts. If he were to be convicted of this offense he would have had to register as a sex offender. Today, we succeeded in getting this continued without a finding (CWOF). After he completes his probation this charge will be dismissed. He will not have a felony conviction and he will not have to register as a sex offender. 

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Our client is a computer software engineer. Our office secured pretrial probation pursuant to G.L. c. 276 section 87 for his domestic assault and battery charge, G.L. c. 265 section 13M. His father who lives in another country recently became sick. Since our client is not a citizen, traveling overseas during the pendency of the pretrial probation would put him at risk for not being readmitted to the country should he visit his father. Rather than put our client at risk we successfully moved to terminate his pretrial probation 6 months early. 

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The defendant is a restaurant worker with no criminal record. In January of last year she was driving home from a party at a high rate of speed. She lost control of her car, injuring her passenger. She also knocked over a granite mailbox and totaled a parked pickup truck. The police arrived. They reconstructed the accident and charged her with negligent operation of a motor vehicle in violation of G.L. c. 90 section 24. Today the case was continued without a finding (CWOF) for a few months. The case will be dismissed and she will have no criminal record. 

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In November of 2021 officers in a western Massachusetts suburb were called for a report of two individuals being assaulted with a gun. The officers were told that our client had been drinking and while in a bar assaulted a patron (also an acquaintance of the defendant's) in the bathroom with a handgun. A mutual friend drove the defendant home. Before getting out of the car the defendant and this second individual got into a fight and again our client pulled out his gun and assaulted this person. The police located the defendant at his home and were given permission to search his home. There they located several firearms, some of which were not lawfully possessed. Our client was charged with assault and battery by means of a dangerous weapon, G.L. c. 265 section 15A, assault with a dangerous weapon, G.L. c. 265 section 15B, possession of large capacity feeding device, G.L. c. 269 section 10m, and carrying a firearm while intoxicated, G.L. c. 269 section 10h. Attorney Neyman was able to get the assault and battery with a dangerous weapon charges and the large capacity feeding device charges dismissed. All others were continued without a finding (CWOF) for one year. All charges will ultimately be dismissed. 

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In October of 2022 loss prevention at a large suburban outlet complex observed suspicious activity involving three young males. The men were seen going into several stores, one at a time, carrying bags that were seemingly full of merchandise. Each time the men entered a story they left without going through a register. Their bags appeared larger after exiting the stores. Loss prevention officers followed them into one store and saw them putting items in their bags and leaving without paying. The individuals were stopped, questioned and detained once it was learned that they had stolen from several stores in the complex. They were all given summonses for a clerk magistrate hearing for shoplifting charges in violation of G.L. c. 266 section 30A. Today we appeared on behalf of all of the men and convinced the magistrate to dismiss the complaint. 

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Our client owns a large trucking company based on the west coast. In July of 2022 a woman was taken by ambulance to a major Boston hospital. She was unconscious and bleeding from the head. Officers investigating the case quickly learned that the woman had been beaten by her husband and that he threw her phone into a storm drain to prevent her from calling the police. He left the scene. The defendant used a club to beat her. He was later arrested and charged with assault and battery by means of a dangerous weapon under G.L. c. 265 section 15A and intimidation of a witness, G.L. c. 268 section 13B. Our investigator found evidence that many of the witnesses lied and were not actually able to identify our client as the assailant. Consequently, today, we succeeded in getting all of the charges against him dismissed. 

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Our client is in a branch of the military with the intention of remaining there for life. Several months ago he was charged with violating a restraining order under G.L. c. 209A by an unscrupulous police officer. The officer claimed that our client failed to advise him of the location of certain weapons that he possessed. The officer claimed that this was a violation of the conditions of the restraining order and he applied for and obtained a criminal complaint against our client. A judge dismissed the case at our request. The district attorney's office investigated the possibility of appealing the case and ultimately decided not to. The case is dismissed. 

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Our client is a construction worker who lives in another state. He was in Massachusetts working on a project. He was properly licensed in his state but did not have a license to carry in Massachusetts. While at work, he left his gun in his hotel room. Housekeeping services found the weapon and called the local police. Officers arrived and interviewed our client. They learned that he was the owner of the gun and that he left it in the room. He was charged with carrying a firearm, a violation of G.L. c. 269 section 10(a) and improper storage of a firearm, under G.L. c. 140 section 131L. The former charge carries a mandatory eighteen month jail sentence. We negotiated with the district attorney's office our position that our client's genuine mistake understanding Massachusetts gun laws should not result in his imprisonment. Today, our office succeeded in getting these charges. 

Read More in Guns and Weapons Charges