Case Results 2023

On February 18, 2023 just before midnight police were called for an accident in a suburb north of Boston. The responding officers saw a car with significant front end damage sitting on a lawn in a densely populated neighborhood. The vehicle had also struck the house and damaged a utility box. Our client was outside of the car. An officer contacted him to investigate the incident. The officer observed our client unsteady on his feet with a strong odor of alcohol coming from his body. His speech was slurred and his responses to questioning were delayed. Several field sobriety tests were administered, the horizontal gaze nystagmus HGN, walk and turn and one legged stand. The officer reported that our client failed each test. He also admitted to drinking 4 beers. As a result, our client was arrested and charged with OUI in violation of G.L. c. 90 section 24. Through booking videos we were able to demonstrate that the police officer lied. Our client was very responsive, very steady on his feet and speaking without slurring his words. We played this for the jury and our client was found not guilty. 

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Our client was arrested and charged with indecent assault and battery on a person over the age of fourteen. Initially, represented by someone else the defendant was ordered to wear a GPS monitoring device. This impacted his employment significantly and he needed to have the instrument removed. We filed a motion to modify the GPS removed. The judge allowed the motion. 

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Our client and his former wife have been battling over child custody, visitation and support for years. The woman was awarded a harassment prevention order HPO against our client many years ago. In the past two years the ex-wife has accused our client of harassing her and of violating the harassment prevention order. In all, our client was charged in five complaints with these violations, crimes under G.L. c. 258E section 9. He was also charged with criminal harassment under G.L. c. 265 section 43A. Attorney Neyman represented the man in all of these cases. Today, we succeeded in getting the criminal harassment case and two HPO violations cases dismissed. Pretrial probation under G.L. c. 276 section 87 was given as a disposition on the remaining cases. All cases will be dismissed shortly. 

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A few months ago we posted about a motion to suppress we prevailed on in a gun case. The defendant was charged with unlicensed operation of a motor vehicle G.L. c. 90 section 10, possession of ammunition without a license G.L. c. 269 section 10(h) and carrying a firearm in violation of G.L. c. 269 section 10(a). The case was scheduled for trial today. The district attorney admitted to the inability to proceed with the case following the successful constitutional challenge. As a result, the case was dismissed in its entirety today. 

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Our client is a builder with a large portfolio of homes throughout Massachusetts. In May of 2022 he was stopped by loss prevention officer at a Home Depot. He was accused of going through the self service checkout kiosk without paying for a significant amount of items. Loss prevention went back over a year checking security footage seeing if our client had committed similar crimes before at that store. As it turns out, footage disclosed several incidents of theft by this client with losses in the thousands. The man was summonsed and charged with larceny by scheme in violation of G.L. c. 266 section 30. Today, Attorney Neyman was able to get these charges continued without a finding (CWOF) on the condition that he make restitution. Once restitution is made the case will be dismissed. 

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Our client is a nurse in a neighboring state. A few months ago she was visiting Boston with her husband, a physician. The two had been drinking all day and got into a verbal argument. The argument turned physical. The police were called. They interviewed both the nurse and her husband. Based on these conversations, a discussion with an eyewitness and the observations of the officers relative to injuries our client was charged with domestic assault and battery in violation of G.L. c. 265 section 10(m). Today, the day of trial, we succeeded in getting all charges dismissed. 

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Our client is a successful manufacturing executive who travels throughout the country for business purposes regularly. Nearly two years ago he was in Boston on business staying at his then girlfriend's apartment. The two argued and the girlfriend called the police. Responding officers interviewed the woman who was visibly injured and very upset. She claimed that during an argument our client beat her and threw her off of her bed. Our client was cleary inebriated but denied any wrongdoing. He was arrested and charged with domestic assault and battery under G.L. c. 265 section 13(m). After two years of discovery battles and a strong defense investigation we were able to get the case dismissed. 

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Our client is an engineer living out of state at this time. Back in the summer of 2016 he was home and out of work for several months after having back surgery. The district attorney alleged that during that time, he was responsible for watching a friend's daughter while the friend was undergoing chemotherapy. Years later the daughter claimed that during this summer our client put his hands in her bathing suit while in a pool, inappropriately touched her thigh, offered her $200 dollars to touch his penis and showed her inappropriate pornographic photographs. He was charged with indecent assault and battery on a child under the age of 14, G.L. c. 265 section 13B and enticing a minor in violation of G.L. c. 265 section 26C. It took us over two years to obtain discovery and get this case to a jury trial. We were able to show that the complaining witness lied. Our client was unable to enter a pool due to his surgical wounds. Moreover, his wife, not he, was responsible for watching the child. We were also able to show that the car the girl said this occurred in was not purchased until months after the alleged incident. The jury deliberated for two days and returned a verdict of not guilty. 

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Our client is a local high school teacher currently on suspension for pending charges of annoying and accosting under G.L. c. 272 section 53. We believed that one of the counts was not supported by evidence. As a result, we filed and argued a motion to dismiss. The district attorney's office alleged that our client would make rude sexual comments to his class and that at least 5-6 times a class period he would look down at her breasts making her feel uncomfortable. The judge agreed with our motion and dismissed this charge against our client. 

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Our client is a school nurse with nearly 40 years of experience. In February of 2022 she was a passenger in a car being driven by her teenage son. The son had just obtained his learner's permit and wanted to get money for concert tickets had bought for friends. The son pulled the car into a country club parking lot and made the exchange. The mother remained in the car. Unbeknownst to the mother, her son was actually selling adderall to an undercover police officer. The son was arrested and charged with distribution of a class B substance. The mother was charged with possession with intent to distribute a class B substance as a joint venturer under G.L. c. 94C section 32A. Attorney Neyman was hired. Today, we were able to get the case dismissed. 

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On June 18, 2023 police at a local casino were called for a report of a woman assaulting her husband. Officers responded and found the man scratched and bruised. The woman was intoxicated. Both the husband and the woman provided the same story to the police indicating that our client had assaulted him. She was arrested and charged with domestic assault and battery under G.L. c. 265 section 13M. Attorney Neyman was hired to defend her. Today, the case was scheduled for trial and we got it dismissed. 

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Our client is an electrical engineer. In January of this year he was involved in motor vehicle accident where he struck a pedestrian. The pedestrian accused our client of fleeing the scene. The victim suffered moderately severe injuries. Our client was summonsed and charged with leaving the scene of an accident with personal injury in violation of G.L. c. 90 section 24. Even if that charge were continued without a finding (CWOF) our client would suffer a loss of license. We were able to work a resolution to an amended charge, leaving the scene with property damage. The case was continued without a finding for 6 months. All charges will be dismissed at that time. 

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Our client is accused of two counts of annoying and accosting two students in his class in violation of G.L. c. 272 section 53. One of his conditions of release was to stay away from the school he taught at. We moved to modify his conditions of release to eliminate that requirement. We argued that since both students no longer attended that school the requirement was unnecessary and oppressive. The judge agreed with our argument and the condition was removed. 

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Our client is a physician with a large practice in a Boston suburb. A few months ago, on a weekend day, he was in his office engaging in sexual acts with a woman. The business is closed on weekends. When he got to the building only his car and the woman's were in the parking lot. The sexual acts were conducted in the office with the shades partially open. Two women parked in the lot and walked towards the door of the building. They observed the two having sex and called the police. For some unknown reason, our client alone was charged with open and gross lewdness under G.L. c. 272 section 16. This is a felony in Massachusetts. We filed a motion to dismiss the charges arguing that the law requires the act to be intentionally directed to someone. Here, the defendant and the woman had no idea that they were being watched nor were they acting recklessly so as to disregard a substantial risk of public exposure. The judge agreed with our argument and dismissed the case. 

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This case result is a follow up to last week's successful motion to suppress the search and seizure on an OUI, G.L. c. 90 section 24 case. Recognizing that the district attorney would unlikely be successful in continuing to prosecute this case he alerted the judge to the fact that he was not ready for trial. As such, the case was dismissed. 

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Our client is a well known professional throughout Massachusetts. On August 11, 2023 he was driving a rental car. He was unfamiliar with the dashboard of the vehicle and did not know that he was running out of gas. As the car started to sputter he realized the problem and pulled over on an off ramp. He called AAA for assistance. While waiting for AAA to arrive, two police officers approached him. They wrongly accused him of drunk driving. They violated his constitutional rights by searching his car without probable cause and over his expressed objection to them doing so. The officers decided to arrest him for OUI in violation of G.L. c. 90 section 24. He hired Attorney Stephen Neyman to represent him. Today, the judge allowed the motion to suppress the unlawful search and unlawful questioning of our client. 

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Our client is a nurse living in Boston. She has been living in the same home for nearly thirty years. Her speciality is trauma. That often requires her to work unexpectedly in the middle of the night. As a result, she purchased a parking space adjacent to her home at a significant price. The space is marked as private and a tow zone. Nevertheless, people often take the spot. Calling the tow company is often futile as it can take hours for them to appear. About a year ago someone parked in her space. She left an unflattering note on the vehicle. The owner saw her do this and became verbally abusive and refused to move her vehicle from our client's parking space. Consequently, our client marked the vehicle with expensive lip balm. Our client was summonsed for a clerk magistrate hearing seeking to charge her with vandalism of a motor vehicle, a felony under G.L. c. 266 section 126A. Attorney Neyman succeeded in convincing the clerk magistrate not to issue the complaint. 

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Our client is a military veteran. In the winter of 2019 he became involved with a woman. The two moved in to our client's home after a couple of months of dating. The relationship became difficult as the woman wrongly suspected our client of cheating on her. Eventually, he tried to terminate the relationship. The woman would not accept this. She became violent and refused to leave the home. She started destroying his property. He contacted the police and was advised to take out a 209A restraining order. He did so. After being served with the restraining order the woman went to the police station to complain that she had found child pornography on our client's phone. The police told her to get the phones and provide them with proof. She returned the next day with a cd disc containing 243 images of child pornography. Our client was charged with possession of child pornography in violation of G.L. c. 272 section 29C. We engaged an expert to examine the images. He concluded that the girlfriend, not our client, downloaded these images and framed him. Our expert used metadata shown to the jury on charts and graphs laying out when and how she did this. After over three years of hearings and a jury trial our client was acquitted of these charges. The jury found him not guilty earlier today. 

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Our clients are mother and son with strong military connections. The mother is actively involved in helping veterans get housing and jobs in eastern Massachusetts. The plaintiff is one of the veterans she helped. She loaned him money for food, pots and pans, clothing and household items to get started in a new life. She gave him rides to and from work for several weeks until he could find alternative transportation. When she asked to be repaid the man became violent. The women persisted trying to get reimbursed. Fearing the man's rages she asked her son to speak with the man. Once he did the man applied for a 209A restraining order against both of them. He claimed that the son assaulted him and broke his front door. Attorney Neyman was hired to represent the mother and son. After a hearing the restraining order did not issue. 

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Our client is a cyber security specialist who travels throughout the country helping to establish secure websites for large international internet based businesses. Several weeks ago he engaged men to detail his car and his girlfriend's car. The detailers went to his home and were unable to access water so it was agreed that they could take the cars down the street to do the detailing close by. The defendant legally owned a gun that was in the console of the car. Without our client's consent, the detailers took both cars and started drag racing. Both were stopped. The police located the gun in our client's car. A summons for a clerk magistrate hearing charging improper storage of a firearm under G.L. c. 140 section 131L was sent to our client. Today, Attorney Neyman persuaded the clerk magistrate hearing and the police sergeant not to issue the complaint. 

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Just a couple of weeks ago police investigated a report of a man beating his girlfriend and two other people with a tire iron. It was also reported that this man had taken the tire iron to a car owned by one of the victims and smashed the windshields and windows. It was further alleged that our client slashed the car tires. He was arrested and charged with domestic assault and battery under G.L. c. 265 section 13M, assault and battery be means of a dangerous weapon, G.L. c. 265 section 15A and malicious destruction to a motor vehicle G.L. c. 266 section 28A. Attorney Neyman was hired. Recognizing that this case was going to be difficult for the district attorney's office to prove, a quick trial date was scheduled. Today, just a couple of weeks after the arrest all charges were dismissed. 

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In April of this year our client was on an airplane destined for Boston. During the flight he started to touch a female passenger inappropriately. The woman told him not to touch her and he continued. She then asked a flight attendant to change her seat. She also complained about his conduct. Massachusetts State Police were alerted to the situation. Once our client exited the airplane he was met by officers, identified and ultimately summonsed for a clerk magistrate hearing charging him with assault and battery under G.L. c. 265 section 13A. Our office was hired to represent the man. We convinced the clerk magistrate not to issue the criminal complaint. All charges were dismissed. 

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Recently, our client got pretrial probation under G.L. c. 276 section 87 for a case involving threatening to commit a crime under G.L. c. 275 section 2. After successfully completing the pretrial probation the case was appropriately dismissed. Our client wanted to have the case sealed under G.L. c. 276 section 100C. Attorney Neyman was hired to do this. Today, our petition was allowed and the case was dismissed. 

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In June of this year our client, an Uber driver, went online and made arrangements to have sex with a woman claiming to be a prostitute. The two met up in an apartment building. Our client entered a designated room and negotiated a sexual arrangement for a specified amount of money. Unbeknownst to our client, the woman was an undercover police officer. Once the negotiations terminated the officer disclosed her true identity. Our  client was summonsed for a charge of sex for a fee in violation of G.L. c. 272 section 53A. Attorney Neyman was hired. Today, all charges were dismissed on court costs. 

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Several years ago our client was represented by another law firm. He was convicted of possession of a firearm under G.L. c. 269 section 10(h) and possession of a dangerous weapon under G.L. c. 269 section 10(b). He wanted to have his convictions sealed and hired Attorney Stephen Neyman to do so. Today, all of the charges were sealed under G.L. c. 276 section 100A. 

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A few months ago this client resolved her case with a general continuance. She had been charged with negligent operation of a motor vehicle, G.L. c. 90 section 24(2)(a), failure to stop for a police officer, G.L. c. 90 section 25 and failure to provide identification under G.L. c. 90 section 25. Our office was able to get a 6 month general continuance. Our client recently received a job offer that necessitated getting this dismissed early. We brought case forward and convinced the district attorney's office and the judge that the interests of justice warranted this early dismissal. Our motion was allowed. 

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A year ago our client got into a fight during which he sustained severe injuries. Witnesses to the dispute all stated that our client approached the other party, reached his hand into the man's car and struck him several times. The other party got out of the vehicle and a fight commenced. Both individuals were charged with assault and battery in violation of G.L. c. 265 section 13A. After months of litigation and investigation, both parties agreed to take their respective 5th Amendment privileges. The district attorney's office was unable to proceed with the case and all charges were dismissed. 

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In February of this year our client and his roommate got into an argument that turned physical. The roommate ended up pushing our client who responded by punching him in the face. Our client called 911 and for some reason he was charged with assault and battery under G.L. c. 265 section 13A. We ended up filing a cross complaint that was issued by the clerk magistrate, also for assault and battery. A trial was scheduled for today. Both men invoked their 5th Amendment privileges and all charges got dismissed. 

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In April of this year police in a city south of Boston responded to a call from a man who claimed that his wife, a world renowned artist, had assaulted him by hitting him and grabbing his genital area. According to the complainant, the fight erupted after our client confronted the man about his recently disclosed infidelities. The woman was arrested and charged with domestic assault and battery under G.L. c. 265 section 13M. Today, Attorney Neyman was able to get the case dismissed. 

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Several years ago the defendant pleaded guilty to several counts of possession of child pornography in violation of G.L. c. 272 section 29C. Our office did not represent him at that time. The probation was interfering with the man's life. He is a business owner who needs to travel throughout the country. He also had contracts with many government agencies that were terminated due to his probationary status. Our office was hired to get the probation terminated. Today, we succeeded in doing so. 

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Earlier this month we succeeded in getting a default warrant removed for this client. She was charged with  trafficking G.L. c. 94C section 32E and possession with the intent to distribute cocaine, a class B substance, G.L. c. 94C section 32A. Our investigation of the case, corroborated by a very fair prosecutor revealed that the prosecution of this case would not likely be successful. Accordingly, we prevailed upon the district attorney's office to nolle prosse all charges against our client. 

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In December last year, a woman who lived in an elegant apartment building heard noises in a common stairwell. While doing so she claimed that our client, his brother and another individual came up behind her, held her down and started to beat her. While doing so they threatened her about calling the police. They also made threats based on her race and racial language accompanied the assaults. Arrests were made charging our client and his brother with intimidation of a witness, G.L. c. 268 section 13B, threatening to commit a crime, G.L. c. 275 section 2, conspiracy, G.L. c. 274 section 7, assault and battery, G.L. c. 265 section 13A, assault and battery to intimidate a person because of her race or color, G.L. c. 265 section 39 and a criminal civil rights violation with injury, G.L. c. 265 section 37. Using digital technology our office was able to track our client's movement the day of the incident and demonstrate that he was more than 500 miles away at that time. The evidence convinced the district attorney's office to nolle prosse the case. Today, all charges were dismissed. 

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Our client is a truck driver. In April of 2022 he was stopped for suspicion of OUI in a city south of Boston. He was asked to exit his car, put through field sobriety tests and pat frisked. He was found in possession of a firearm for which he had a license to carry. He was charged with OUI, G.L. c. 90 section 24 and possession a firearm while intoxicated. During the booking process officers learned that our client had several assault weapons, large capacity feeding devices and banned firearms. Consequently he was charged with 16 additional gun crimes including unlawful possession of an assault weapon, G.L. c. 140 section 131M, possession large capacity firearms, G.L. c. 269 section 10(m) and improper storage of a firearm, G.L. c. 140 section 131L. After over a year of litigation, today, our office was able to get all gun charged dismissed. 

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Our client is a college professor with nearly forty years of service to a very prestigious local university. In early June of this year she was caught shoplifting several items from stores in a local mall and shopping center. These acts were caught on security cameras. She confessed to doing this and was summoned for a clerk magistrate hearing charging her with larceny in violation of G.L. c. 266 section 30 and shoplifting, a violation of G.L. c. 266 section 30A. Our office was hired to defend her. Today, the clerk magistrate agreed to dismiss the matter on nominal court costs. The complaint was not issued. 

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In June of 2022 a police officer in a Boston suburb was patrolling an area near a movie theater when he observed a parked car with no front plate. The officer looked to see if someone was in the car. As he did so the defendant left the driver's side rear door opened and the defendant exited the car. He smelled like he had been smoking marijuana. The defendant presented the police officer with a valid driver's license. The officer asked if there was any contraband in the vehicle. The defendant said there was marijuana in the vehicle. The officer searched the car and found marijuana, a scale and a gun under the driver's seat. The defendant was arrested and charged with carrying a loaded firearm without a license, G.L. c. 269 section 10(n), possession of a large capacity firearm, G.L. c. 269 section 10(m), improper storage of a firearm, G.L. c. 140 section 131L, carrying a firearm without a license to carry (LTC), G.L. c. 269 section 10(a), possession of ammunition, G.L. c. 269 section 10(h) and possession with the intent to distribute a class D drug, G.L. c. 94 section 32C. Our office filed a motion to suppress arguing that the search and seizure was unlawful. The judge agreed and allowed the motion. Today, all charges were dismissed. 

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In 1995 our client was arrested and charged with trafficking heroin, a class A substance in excess of 100 grams, G.L. c. 94C section 32E and possession with the intent to distribute cocaine, a class B substance, G.L. c. 94C section 32A. Our office did not represent her at that time. Fearing a conviction and facing a minimum 10 year sentence, our client defaulted and fled to another state where she remained for 27 years. Always living in fear of getting caught she finally decided to come into court and face the charges. She hired our office to represent her. Today, Attorney Neyman brought her into court to have the default removed and the warrant recalled. While doing so, we were able to get her personal recognizance. 

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Our client is a software developer at a large company. She has a doctorate in computer engineering. In late May of this year this woman was caught stealing in excess of $1,200 worth of goods from several stores in a suburban Boston mall. She summonsed for a felony arraignment charging her with larceny over $1,200. This is a felony under G.L. c. 266 section 30. She retained Attorney Stephen Neyman to represent her. Today, the day of the arraignment we succeeded in getting all charges dismissed. 

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Our client was indicted with 43 felonies charging indecent assault and battery on a child under the age of 14, G.L. c. 265 section 13B, aggravated rape of a child, G.L. c. 265 section 23A, and intimidation of a witness, G.L. c. 268 section 13B. The government alleged that in the summer of 2016, our client molested, raped and threatened his stepdaughter over a period of months. If convicted our client was looking at a mandatory 10 year sentence and up to life. We spent nearly two years investigating this case. At least 5 prosecutors were involved in the prosecution at one time or another. We were able to demonstrate that one of the prosecutors concealed exculpatory information from the grand jury and that the same prosecutor misled the grand jury about the facts of the case. Recently, a prosecutor with unassailable ethics took a close look at our motion to dismiss. Agreeing that there had been improprieties, this prosecutor nolle prossed the case. All 43 charges were dismissed. 

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Our client is a jeweler who owns several stores in Boston and the suburbs. In April of this year the police got a call to a large home owned by our client. His girlfriend of many years was present. She was crying and bleeding. She told the officers that she and our client had been in an argument. The dispute escalated and our client struck her several times. When she tried to call the police with her cell phone he took it away from her and broke it. He was charged with domestic assault and battery, G.L. c. 265 section 13M, intimidation of a witness, G.L. c. 268 section 13B and malicious destruction of property over $1,200, G.L. c. 266 section 127. The second and third counts are felonies in Massachusetts. Today, Attorney Neyman succeeded in getting all charges dismissed. 

Read More in Domestic Assault and Battery 

The defendant is a convenience store owner. In October of last year while working the store he stopped a woman who was routinely stealing goods from his store. He did not call the police, instead asking her not to return to the store again. Fearing he was going to report these multiple incidents to the police, she took a preemptive strike and called the police on him accusing him of threatening to commit a crime, specifically assault and battery under G.L. c. 265 section 13A. The threats charge violates G.L. c. 275 section 2. For some reason, the defendant missed a clerk magistrate hearing and a criminal complaint issued against him. That is when we were hired. Today, we convinced the district attorney's office to agree to a dismissal prior to arraignment. 

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After a night of drinking, two groups of men entered a late night pizza place around midnight. Words were exchanged between the groups and a fight ensued. The victim claimed that a co-defendant shoved him into a wall and that another man, our client, followed up by hitting him several times. The victim lost consciousness and was hospitalized. Our client was charged with assault and battery under G.L. c. 265 section 13a. Today, Attorney Neyman was able to get a general continuance for our client. That means that in a few months, provided that our client remains free from criminal legal problems, all charges will be dismissed. Our  client does not have to appear in court. 

Read More in Violent Crimes

About two and a half years ago a fight broke out at a bar in a large Massachusetts city. The fight ended when shots were fired. Video footage gained from the crime scene showed two men accompanied by our client enter and exit the bar. The men were identified as possessing firearms and one of them was identified as the shooter. Social media apps were accessed through informants and a search warrant as well. These convincingly linked our client to these men at the time when they possessed the weapons. They further showed our client driving these individuals from the crime scene. Accordingly, our client was charged with being an accessory after the fact under G.L. c. 274 section 4, a felony in Massachusetts. We succeeded in getting the judge to continue the case without a finding (CWOF). After a successful completion of a period of probation the case will be dismissed and can be sealed immediately. 

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Our client owns a business that requires him to travel to locations throughout the country. He was charged with indecent assault and battery under G.L. c. 265 section 13H a couple of months ago. We did not represent him at his arraignment. At that time the judge ordered him to remain in Massachusetts and wear a GPS with the victim's home as an exclusion zone. Our office was subsequently hired. Today we were able to modify the conditions of release to permit travel to the various locations where his business provides services. 

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Our client is a medical doctor. A few months ago she was driving near a construction zone that was poorly marked. There was a police detail assigned to the area. As our client was making her way through the designated area a police officer banged on her window in a threatening manner. He claimed that our client refused to identify her, that she refused to stop after he commanded to do so and that she drove away abruptly, nearly causing several accidents. She was charged with negligent operation of a motor vehicle G.L. c. 90 section 24, refusing to identify herself G.L. c. 90 section 25 and failure to stop for a police officer G.L. c. 90 section 25. The case was generally continued and will be dismissed shortly. 

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Nearly two years ago our client was accused by an ex-girlfriend of kidnapping. She claimed that after learning that she had been texting other men, our client refused to let her leave his apartment until she agreed to "be honest" with him and agreed to never contacting this person again. Once she was permitted to leave the woman went to the police to report the incident. Our client was arrested and charged with kidnapping, a felony under G.L. c. 265 section 26. Today, we were able to get that charge dismissed. 

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Our client is a non-citizen who is in school and works at a convenience store. There have been a series of thefts at the store. The store owner deduced that one of his other employees had been stealing from him. He confronted that employee and called the police. When the officers arrived the accused employee tried to deflect attention from herself and complained that our client was stealing from the store and that he had threatened to kill her if she told on him. He was charged with threatening to commit a crime under G.L. c. 275 section 2. Today, Attorney Neyman convinced the district attorney's office not to arraign our client pending a further investigation into the legitimacy of the allegations. The arraignment was continued. 

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Our client has two open and gross lewdness cases. He is accused of driving around his town and approaching women while exposing himself. He has been charged with two separate open and gross lewdness cases in violation of G.L. c. 272 section 16. Prior to our office being retained the man was ordered to remain under home confinement with a GPS tracking device. This condition, if continued, would devastate his family as he is the sole provider for his parents and younger brother. Today, we were able to modify his conditions of release to eliminate the home confinement and permit him to work.

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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. 

Read More in Motor Vehicle Crimes

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. 

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