Case Results » Guns and Weapons Defense
Motion to Suppress Search and Seizure Allowed and Gun Charges Dismissed
Just about one year ago police officers in a Boston, Massachusetts suburb were dispatched for a well being check at a residence. A person familiar with the occupants called 911 after one of them had made self-harm threats. The caller also alerted the police to the fact that the other occupant possessed firearms. Dispatch quickly learned that no one at that residence had a license to carry nor did anyone possess and FID card. The responding officers conducted a safety search and located a firearm. The defendant was arrested and charged with possessing a large capacity firearm, G.L. c. 269 Section 10(m), possessing a firearm without and FID card, G.L. c. 269 Section 10(h), possession of ammunition, G.L. c. 269 Section 10(h)(1) and improper storage of a firearm, G.L. c. 140 Section 131L. Associated with one of these charges is a mandatory one year jail sentence. Our office filed a motion to suppress challenging the lawfulness of the search. We argued that the search exceeded its permissible scope and was pretextual. The judge allowed the motion. The prosecution was unable to proceed with the case and all charges were dismissed.
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Gun Charges Sealed
The defendant was charged with possessing large capacity weapons and ammunition. After months of litigation Attorney Neyman was able to get the charges dismissed. The defendant however is an engineer working on sophisticated projects throughout the country. He is constantly subjected to criminal background checks and was worried that notwithstanding the dismissal the case would appear on out of state checks. He retained Attorney Stephen Neyman to seal the dismissal under G.L. c. 276 Section 100. Today, the judge allowed the petition and the case has been sealed.
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Felony Gun Charges Dismissed
The defendant lives in New Hampshire and is licensed to carry a firearm. He does not however have a license to carry in Massachusetts. About 7 months ago he was visiting a friend in Massachusetts. He had his handgun under the passenger seat, secured as he normally did in New Hampshire. The defendant was pulled over for failing to stop at a stop sign. He was stopped by the police who asked if he had any weapons in the car. The defendant admitted that he did have a gun. The officer learned that he was not licensed in Massachusetts and an arrest was made. The defendant was charged with violating G.L. c. 269 Section 10(a). This is a felony in Massachusetts that carries a mandatory eighteen month jail sentence. Attorney Neyman was hired to represent the defendant. We were able to get the felony dismissed to a misdemeanor under G.L. c. 269 Section 10(h) and there will be no jail time.
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Felony Charges of Carrying a Dangerous Weapon Dismissed
The defendant is a landscaper who carries a knife for work. On March 10, 2018 the defendant was in a park in Boston known for high criminal activity. Boston Police officers were monitoring the park looking for suspicious activity. The observed the defendant with a bulge in his pocket consistent with possessing a weapon. The officer approached the defendant and conducted a pat frisk. They located the knife and charged him with violating G.L. c. 269 Section 10(b), a felony in Massachusetts. The defendant hired Attorney Stephen Neyman to represent him. A motion to convert the case to a civil infraction was filed by our office. Today that motion pursuant to G.L. c. 277 Section 70C was argued and allowed. The criminal case was dismissed.
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Illegal Possession of a Rifle, Handgun and Ammunition Dismissed
A hotel employee discover a rifle and ammunition in a room after the guest checked out. The defendant was the last person registered to the room. Among the charges levied against the defendant was illegal possession of a rifle and illegal possession of a firearm. One of the charges, G.L. c. 269 Section 10(a) carries a mandatory eighteen month jail sentence. Our office went immediately to work and filed a motion to dismiss based on the grounds that due to the fact he had not been living in Massachusetts for sixty days, he was entitled to an exemption to the licensing requirement. After reviewing the documents, motion and memorandum produced by our office, the Prosecutor agree with our position and these two counts were dismissed.
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Twenty-Four Gun Charges Dismissed Against Randolph Man
On June 16, 2017 Randolph, Massachusetts police officers were dispatched for a report of an garage alarm door being sounded. The homeowner was contacted and confirmed to the police that no one was supposed to be in the home. Officers then obtained permission from the owner to enter the home and check on the problem. Officers gained entry through an open door in the basement. As they made their way through the home they located twenty-four high capacity assault weapons, not properly stored. All of the weapons were seized. The defendant was then asked to meet with the officers. He complied. He was questioned and admitted that the weapons were his. He was charged with twenty four counts of unlicensed possession of assault weapons, G.L. c. 140 Section 131 and improper storage of those weapons. The defendant is an engineer and was facing mandatory jail time. He hired Attorney Stephen Neyman to represent him. Today, all charges were dismissed.
Read More in G.L. c. 140 Section 131
Gun Possession and Improper Storage Charges Against Maine Man Dismissed Prior to Arraignment
The defendant is from Maine. He lawfully purchased a gun in that state. On January 20, 2018 the defendant drove to Boston to pick up a family member at the airport. He parked in a lot and went inside the terminal to wait. While driving home he realized that his truck had been broken into and that the weapon had been stolen. He reported the theft to the police. He was subsequently charged with violating G.L. c. 140 Section 141 improper storage of a firearm and improper storage of a high capacity weapon. He hired Attorney Stephen Neyman to represent him. Today, Attorney Neyman successfully got the charges dismissed prior to arraignment.
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Charges of Domestic Assault and Battery, Assault and Battery on a Police Officer and Possession of a Firearm Against Top Sales Executive Dismissed
The defendant is a top sales executive working for a large international company. On December 8, 2016 members of a local police department were dispatched to a residence for a call of a domestic incident. They arrived to find the defendant in a manic state, not making sense and difficult to control. The man had allegedly struck his wife. During questioning the man struck one of the police officers. He was arrested. During questioning officers learned that the man had a large capacity firearm in his home along with some ammunition. He was charged with domestic assault and battery, G.L. c. 265 Section 13M, assault and battery on a police officer, G.L. c. 265 Section 13D, two counts of unlicensed possession of an assault weapon, G.L. c. 140 Section 131M, possession of ammunition without an FID card and possession of a firearm without an FID card, G.L. c. 269 Section 10(h) and improper storage of a firearm, G.L. c. 140 Section 131L. Attorney Stephen Neyman was immediately hired to defend the man. Today, the domestic assault and battery, the assault and battery on a police officer and all felony counts were dismissed. The possession of ammunition and possession of a firearm without an FID card were continued without a finding for six months. Those charges will also be dismissed.
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Large Capacity Gun Charges Against Former Military Man Do Not Issue After Clerk Magistrate Hearing
The defendant served in the military and completed four tours of active duty in Afghanistan and Iraq. On September 30, 2017 members of the Boston, Massachusetts police department were summonsed to specified address for a domestic dispute. Officers arrived to find the defendant outside and began to question him about the alleged incident. The discussion led to the disclosure that the defendant had a high capacity firearm in the home along with a significant amount of ammunition. It was also determined that the defendant did not have an FID card or a license to carry in Massachusetts. An application for unlawful possession of a firearm under G.L. c. 269 Section 10(m) was filed along with possession of ammunition, G.L. c. 269 Section (h)(1) and improper storage under G.L. c. 140 Section 131L. There is a mandatory jail sentence under the first count. Today, at a clerk magistrate hearing Attorney Neyman was able to convince the clerk not to issue a criminal complaint.
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Gun Charges Against Veteran Dismissed
On April 9, 2017 the defendant was driving in Auburn, Massachusetts when he was pulled over for a defective equipment violation. One of the officers effectuating the stop observed a box of ammunition in plain view. The officers quickly learned that the defendant had a firearm in the car. He was arrested and charged with unlawful possession of a firearm, G.L. c. 269 Section 10(a) and possession of ammunition, G.L. c. 269 Section 10(h)(1). He hired Attorney Neyman to represent him. We were able to get the defendant released immediately after we were retained. Due to the fact that the defendant was a veteran our office was later able to embrace aspects of the Valor Act. Today, Attorney Neyman was able to get the case dismissed.
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Gun Charges Against Business Executive Dismissed
On September 17, 2016 members of the Newton, Massachusetts police department responded to a report of a fight involving a firearm. Officers who arrived at the scene were met by a party claiming that during an argument the defendant struck him in the head. The man slapped him back. The defendant left the room and returned with a firearm. He pressed the gun against the victim's ribs and threatened him with the weapon. It was alleged that the defendant was intoxicated at the time. The police questioned the defendant who denied the attack. A secret recording of the incident was made by the victim. This recording captured the defendant admitting to the assault with the firearm. The defendant was arrested and charged with intimidation of a witness, G.L. c. 268 Section 13B, carrying a firearm while intoxicated, G.L. c. 269 Section 10H and assault with a dangerous weapon G.L. c. 265 Section 15B. Attorney Neyman was hired to represent the defendant. Today, all charges were dismissed.
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Gun Charges Against Lawrence Man Dismissed
The defendant is a twenty year old man from Lawrence, Massachusetts. On July 7, 2016 members of the Lawrence Police Department conducted a stop of a motor vehicle owned and being driven by our client. After the stop a passenger in the car quickly exited the vehicle and fled. Officers moved towards the driver and observed a handgun in plain view on the passenger seat of the vehicle. The defendant and the man who fled were both charged with unlawful possession of a firearm in violation of G.L. c. 269 Section 10(a). This statute has a mandatory minimum eighteen month jail sentence for anyone convicted of this crime. Attorney Neyman was hired to represent the defendant. After nearly a year long fight today Attorney Neyman was able to get the case dismissed.
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Charges of Possession of a Firearm Without a License and Improper Storage of a Firearm Dismissed Against Tennessee Man Working in Massachusetts
The defendant lives in Tennessee where the laws do not require gun owners to have an FID card or license to carry. He is a welder who has top security clearance to work on government contracted jobs and nuclear plants. One of his jobs took him to Auburn, Massachusetts. He stayed in a hotel and kept his gun with him in the room. He also left the gun in the room when he went out to work back in April of 2016. The weapon was stolen from the room. The man reported the theft and was charged with gun possession, G.L. c. 269 Section 10(a) and improper storage of a firearm under G.L. c. 140 Secton 131L. Our office succeeded in litigating a motion to dismiss the gun charges.
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Felony Assault With a Firearm Charge Dismissed
The defendant is an EMT who was charged with assault with a dangerous weapon, assault and domestic assault. These crimes are set out in G.L. c. 265 Section 15B and G.L. c. 265 Section 13M. According to local police officers a 911 call was placed by a woman claiming that her former boyfriend had threatened her by making assaultive gestures and placing his firearm before her in a threatening manner. These actions were alleged to have occurred following the parties breaking up. Once arrested the man hired Attorney Stephen Neyman to represent him. Today, the felony charge was dismissed. The remaining misdemeanor charges were continued without a finding. The man will not have a criminal record and all charges will be dismissed following a successful completion of probation.
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Gun Possession Charges Against Chelmsford Man to be Dismissed
On September 10, 2015 the defendant was served with a 209A restraining order commanding him to stay away from is wife. At the time the order was served officers learned that the defendant had a cache of firearms in the home including high capacity firearms and handguns. It was later determined that the defendant did not have the requisite license to carry the weapons. He was charged with a violation of G.L. c. 269 Section 10(h), unlawful gun possession. He hired our office to represent him. We initially succeeded in getting the high capacity charges dismissed outright. Today, Attorney Neyman prevailed upon a judge to continue the remaining gun cases without a finding. All charges will be dismissed.
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Gun Charges and Domestic Assault and Battery Charges to be Dismissed
On December 13, 2013 Shrewsbury, Massachusetts police responded to a report of a domestic assault and battery. The complainant stated that after an argument the defendant punched her twice in the face and left her home. The woman stated that the defendant secreted a gun under a couch near her bed. The police were given permission to search her home and they located the gun where she indicated it would be. A criminal history was run on the man and the police quickly learned that he did not have an FID card or a license to carry a firearm. The police searched for the man and located him in a nearby hotel. He was arrested and charged with domestic assault and battery as well as unlawful possession of a firearm and improper storage of a large capacity gun. Today, Attorney Neyman got the charges continued without a finding. The case will be dismissed shortly.
Intimidation of a Witness Case Dismissed Against Music Producer, Armed Career Criminal Charge Dismissed, Charges of Possession of Ammunition and Possession With Intent to Distribute Marijuana Continued Without a Finding
On May 18, 2013 officers from the Charlton, Massachusetts police stopped a car our client was driving. They claimed he committed a routine motor vehicle infraction. The driver and his passenger quickly jumped out of the car. One of the officers detected a strong odor of marijuana coming from the car. He asked our client for a copy of his registration. Our client opened the car door and locked the keys in the car. He refused to provide his registration or to cooperate with the police investigation. A canine unit was called. The dog hit on the car. A state police officer then applied for a search warrant. In the trunk of the car officers found marijuana and an arsenal of shotgun shells. The defendant was charged with 1) intimidation of a witness, 2) possession of ammunition, 3) possession with the intent to distribute marijuana and 4) being an armed career criminal. Attorney Neyman was able to get counts 1 and 4 dismissed. Counts 2 and 3 were continued without a finding and will be dismissed once the defendant completes a period of probation.
Charges of Possession of Large Capacity Firearm and Feeding Device Dismissed Against Local College Student, Other Charges Still Pending
The prosecution alleged that in late November of 2013 Boston police responded to a Dorchester address for a disturbance at a party. As officer approached the home they saw a crowd of people quickly disbursing. A patron at the party waived down the police and told them that he witnessed a male running up the street, brandishing a firearm. Other people at the party identified two other people, also with firearms who had been at the home. Officers observed people fitting this description entering a car and fleeing the scene. The car was stopped by the police. As they moved in to investigate the officers saw the car occupants making furtive movements suggestive to them of possible criminal behavior. All occupants were detained and the car was searched. Inside, the police located several firearms and ammunition. Today, one of the more serious charges, possession of a large capacity firearm and large capacity feeding device, both carrying a potential ten year state prison sentence, were dismissed. Other charges remain pending.
Possession of a Weapon and Possession of Drug case against financial analyst to be Dismissed
Worcester District Court: The prosecution alleged that on May 13, 2013 officers from the Auburn, Massachusetts police department were called for a report of a suspicious male in a parked vehicle. The officers investigated. While trying to assist the defendant, who they believed in peril, located a concealed weapon and some drugs. The man, a well known financial analyst was charged with these crimes and hired our office. Today, all matters were continued without a finding. Once probation is completed all charges will be dismissed. The man will have no criminal record.
Charges of Open and Gross Lewdness to be Dismissed
Attleboro District Court: On July 10, 2013 police officers working the Kid Rock concert were directed to a man who was highly intoxicated. Witnesses photographed the man urinating on others attending the concert. Some of the victims were women. The man had several arrests and some convictions in the past for an assortment of crimes. All charges were continued without a finding. Once our client completes a minimal course of probation all charges will be dismissed. This will not be on his criminal record.
Carrying a Dangerous Weapon on School Property Case Against Juvenile to be Dismissed
Chelsea District Court (Juvenile Session): The defendant is a sixteen year old freshman who attended a local high school. During school hours authorities learned that he was carrying a large knife and that he had gang involvement. The police were called and charges were filed. The defendant's family retained Attorney Stephen Neyman to defend the boy. Today, all charges were continued without a finding. The case will be dismissed in one year if the boy remains free from trouble.
Possession of Ammunition Charges Against Norwegian Man Dismissed at Clerk's Hearing
East Boston Court # 10-0241. On April 21, 2010 a Massachusetts State Police Officer received a call to go to a particular bag room at Logan Airport. The officer was instructed to find the defendant, a Norwegian man scheduled to fly to Norway that evening. The man, our client was located in a terminal waiting to board his flight. Apparently a baggage official had located copper sulfate and forty two rounds of .22 caliber ammunition in our client's bag. A Clerk's Hearing was scheduled. Attorney Neyman was able to get the clerk not to issue the complaint. No criminal charges will be filed.
Charges of Minor in Possession of Alcohol Dismissed at Arraignment
Attleboro District Court # 10-1762. The defendants are all eighteen years old. They just graduated from high school and are planning on attending college in the fall. According to the Mansfield, Massachusetts police, on June 7, 2010 bicycle patrol officers at the Comcast Center approached four individuals seated in the back of a pickup truck, all drinking alcohol. All were attending a Dave Matthews concert. The officers arrested each defendant and charged all with being a Minor in Possession of Alcohol. Today, Attorney Neyman was able to get all charges dismissed against each defendant.
Firearms Charges against Montana truck driver dismissed at pre-trial hearing
Taunton District Court # 09-2924. Our client is a truck driver from Montana who regularly makes runs between Boston and Florida. On August 21, 2009 a Massachusetts State Trooper observed the defendant's truck blocking a ramp from Route 138 to Route 495. He contacted the operator, our client and observed his sleeping in the cab. He asked him to get out of the vehicle so that he could speak with him in a safer location. Suspicious of our client's activities the officer began a cursory search of the car. He observed a handgun in the passenger seat cushion. Our client was charged with Possession of a Firearm. Today Attorney Neyman was able to get the case dismissed in its entirety.