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Charges of Minor in Possession of Alcohol do not Issue After Clerk Magistrate Hearing
The defendants are freshmen in a local college. Several months ago they were at a restaurant dining and drinking alcohol. Police officers assigned to an alcohol task force entered the restaurant. They quickly observed the group with drinks in front of them and appearing to be underaged. The officers asked for driver's licenses. All defendants provided valid driver's licenses and all were under the age of 21. The officers exercised appropriate restraint, took all relevant information and summonsed the individuals for a clerk magistrate hearing. Our office was hired to represent three of these men. Each was charged with violating G.L. c. 138 section 34, minor in possession of alcohol. At the hearing we prevailed on the clerk not to issue the complaint. All matters will be dismissed in a few months.
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Charges of Minor in Possession of Alcohol and Procuring Alcohol for a Minor and Falsifying Identification do not Issue After Clerk Magistrate Hearing
The defendant is under the age of 21 and going into his sophomore year in college. On April 5, 2019 local law enforcement agents were conducting surveillance of a liquor store known to sell to minors. The officers observed the defendant exit a car and go into the store. The car in which he was traveling was registered to a college student at a local campus. That student was a minor. According to the police report the person exiting the car appeared young as well. The officers saw the defendant leave the store with a large bag. They approached him and learned that he had just purchased a significant amount of alcohol. When asked how he was able to buy the defendant produced a falsified driver's license. Officers learned that he was under the age of 21 and that he was buying for under aged persons as well. The defendant received a summons charging him with minor in possession G.L. c. 138 Section 34C, procuring alcohol for a minor G.L. c. 138 section 34A and having in his possession an altered or falsified identification under G.L. c. 138 section 34B. Attorney Stephen Neyman was hired to represent the defendant. After a contentious clerk magistrate hearing we were able to convince the clerk magistrate not to issue the complaint.
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Pretrial Diversion for College Student Charged With Minor in Possession of Alcohol and Resisting Arrest
The defendant is a college student who was home for summer vacation. He hosted a party at his home when his parents were away. Everyone attending the party was under the age of twenty one. The police responded to a call for a disturbance at the home. They arrived and quickly learned that the people attending the party were consuming alcohol and not yet the legal age. The host was questioned by the police. The information obtained during the interrogation prompted the officers to arrest the young man. He resisted. He was charged with minor in possession of alcohol and resisting arrest. Today, Attorney Neyman was able to get him pretrial diversion pursuant to Massachusetts General Laws Chapter 276A. He was never arraigned on the case and will have no criminal record.
Charges of Purchasing Alcohol with a Fake Identification Card Dismissed Against College Student After Clerk Magistrate Hearing
Boston Municipal Court: In an undercover capacity members of the Boston Police Department were conducting an investigation into the use of fake identification cards at local bars and restaurants. During the course of one of these operations officers observed a young woman they believed to be under the age of twenty-one drinking an alcoholic beverage at a restaurant/bar. The officers approached the girl and asked to see her ID. She presented them with a valid Pennsylvania identification card that portrayed someone other than herself in the photo. The girl was issued a citation and summonsed to the Boston Municipal Court for a Clerk Magistrate Hearing. Attorney Neyman was able to get all charges dismissed.
Case Charging Local College Student With Procuring Alcohol for Minors Dismissed Prior to Arraignment
Roxbury District Court: The defendant is a local college student in his third year. On September 22, 2012 members of the local campus police and the Boston Police conducted a surveillance operation designed to reveal the identity of students providing alcohol to students under the age of twenty one. One of the people identified and caught during the commission of this crime contacted our office once he received his summons for arraignment. Today, Attorney Neyman was able to get the case dismissed prior to arraignment.
Charges of minor in possession of alcohol dismissed after clerk's hearing
Roxbury District Court: Police sought a complaint against our client, a local college student, after responding to a party at his home. There were approximately 75 guests and drinking was involved. Our client, like many of his guests, was underage. The criminal complaint application was dismissed today after a clerk's hearing.