Case Results » Probation Violations
Conditions of Probation Modified to Permit Defendant to Travel Without Notifying Probation Officer
A few weeks ago our client received a continuance without a finding for leaving the scene of an accident with property damage, G.L. c. 90 Section 24 and assault and battery, G.L. c. 265 Section 13A. That result typically restricts travel and requires the defendant to remain in state until the probationary period expires unless they have permission for the probation department and a judge. Our office went into court and got a judge to modify this condition to permit our client to travel freely without having to report to the probation department.
Read More in Assault and Battery
No Jail Time for Man Charged With Selling Cocaine While on Probation for Armed Assault Case
Several years ago the defendant was convicted of assault and battery by means of a dangerous weapon. Our office did not represent him at this trial. Part of his sentence resulted in probation. In September of this year the man was arrested and charged with possession with intent to distribute cocaine, Class B in violation of G.L. c. 94C Section 32A. His probation officer immediately surrendered him. Attorney Neyman was hired. Today, we were able ton convince the judge not to incarcerate our client and to reprobate him.
Read More in Possession With Intent
Probation Warrant Removed and Client Released From Custody
The defendant has been charged with domestic assault and battery and child endangerment. A condition of his release is to take a sobriety test three times per day. It is alleged that on Sunday, the defendant failed to take a test and also failed to respond to the calls from the probation department. The man was arrested yesterday. The district attorney's office learned of the violation and moved to have bail revoked, claiming in part that this was the man's second such violation. Attorney Neyman was able to get the man released from custody and to remove the probation warrant.
Read More in Warrant Removals
Probation Imposed on Construction Company Owner Modified and Terminated After Violation Hearing
The defendant owns a mid-sized construction company in the Merrimack Valley. He was on probation for various drug and theft offenses. Earlier this summer his probation officer filed a notice of violation against him after failing a drug test. The case was continued until today for his final probation violation hearing. Attorney Neyman was hired to represent him. After the hearing Attorney Neyman convinced the judge to modify and terminate probation.
Read More in Drug Crimes
Probation Modified and Terminated
Over two years ago the defendant was placed on probation after being involved in a very serious motor vehicle. The crime charged was OUI and negligent operation of a motor vehicle. The conditions of probation were onerous. The defendant was required to submit to random drug and alcohol screens and refrain from using drugs or alcohol. He recently hired Attorney Stephen Neyman to represent him and get the probation modified or terminated. Today, Attorney Neyman was able to do both. On some counts probation was terminated. On one remaining count probation was modified from supervised to unsupervised. No fees are due.
Probation Terminated On Motion of Defense Counsel
The defendant was on probation for an OUI that occurred in 2014. This past fall he was arrested and charged with a second OUI and drug possession. The probation department moved to revoke his probation and send him to jail. The defendant hired Attorney Stephen Neyman who successfully fought the efforts of the probation officer to have the defendant incarcerated. However, the judge extended probation. Today, Attorney Neyman filed and argued to have the extension of the probation removed and to have probation terminated. The motion was successful and probation was terminated.
Attorney Neyman Gets Probation Terminated For Local Chemical Engineer
The defendant, a chemical engineer received a continuance without a finding out of the Lynn District Court for a heroin possession case several months ago. He reoffended in Dorchester and the Lynn Probation Officer moved to have him violated and held in custody. He then hired Attorney Neyman who convinced the judge not to hold him and to continue the probation violation hearing for several weeks. That hearing was scheduled for today. Attorney Neyman, working with the probation officer was able to get the probation violation request withdrawn. In essence, the probation case against the defendant has now been dismissed.
Attorney Neyman Secures Release for Man Held on Probation Violation
The defendant is a twenty-six year old man who received a continuance without a finding on an OUI case last year. He was about six weeks short of completing his 24D program and picked up another OUI in Newburyport, this one for operating under the influence of heroin. That occurred on December 29, 2014. His probation was revoked and the probation officer convinced the judge to hold him as a result of several probation violations and a lack of local roots. Attorney Neyman was then hired to represent the man. Today, we were able to get him released from jail and his continuance without a finding was preserved.
Pretrial Probation Not Revoked Despite New Criminal Charges
The defendant had been placed on pretrial probation in March of this year and one other time prior to that for a drug distribution charge. He later was charged with assault and battery out of the Waltham District Court. Attorney Neyman was able to get that case nolle prossed however the issue of pretrial probation remained alive in the Brighton District Court. Today, Attorney Neyman successfully urged the assistant district attorney and the judge to keep the pretrial probation in tact. All charges will be dismissed in June of 2015.
Pretrial Probation Remains in Place Despite Violation of Condition
Several months ago the defendant was placed in pretrial probation pursuant to Massachusetts General Laws Chapter 276 Section 87. He was subsequently charged with OUI. The charge alone constituted a violation of the pretrial probation. Attorney Neyman resolved the OUI case quickly and favorably. Today, with Attorney Neyman present the defendant went before the judge on the probation violation. All conditions were kept in tact. Pretrial probation is still in effect and no criminal charges were revived.
Probation Violation Allegation Successfully Defended
In June of 2013 Framingham, Massachusetts police responded to a call for two women engaged in a fist fight. One of the women alleged that the defendant became physically aggressive with her when her children were being dropped off after a visit with a parent and step-parent. One of the children present went to help the complainant after which it is alleged that the defendant struck this child violently and kicked her. The defendant was already on probation for OUI. Additionally, she has a significant criminal history totaling five pages of criminal entries. In addition to the criminal charges a probation violation hearing was scheduled for a probation surrender. Today, Attorney Neyman was able to get probation terminated notwithstanding the allegation that the defendant was in violation of her probation.
Pretrial Probation Imposed on Engineer Terminated Early
In July of 2013 our office succeeded in getting pretrial probation imposed for an engineer accused of malicious destruction to property over $250, a felony in Massachusetts. Pretrial probation was to run until July of 2014 at which time the case would be closed. The client was recently awarded a promotion at work requiring him to relocate and effective only if the case was closed. Attorney Neyman went back into court for the man, three months early and was able to get pretrial probation terminated. The case is dismissed and closed.
Probation Violation Charges Dismissed, Probation Terminated Against Ordained Minister
Brockton District Court: In 1996 the defendant was charged with Possession With the Intent to Distribute Class A and Class B Drugs, Breaking and Entering and Possession of a Class D drug. He was placed on probation and ordered to have drug testing, counseling and to report to probation. The defendant defaulted and moved to Puerto Rico. Last month the defendant hired Attorney Neyman to remove the probation warrant and to represent him at the Probation Surrender Hearing. Today, our office was able to get the judge to terminate probation.
Attorney Neyman successfully defends client at Probation Surrender Hearing
Wrentham District Court: Our client is a local college student who was given a continuance without a finding several months ago for a drug charge involving an school zone violation. Among the terms were random drug testing and screens as well as a reporting requirement. The probation department served our client with a Probation Violation notice claiming that he had not complied with the conditions of probation and that he had moved out of state without permission, another violation. Today, Attorney Neyman successfully defended the client. No violation of probation was found.
Complaints of Restraining Order (209A) Violations , Criminal Harassment and Annoying Telephone Calls not issued after clerk's hearing
South Boston District Court: Police applied for three complaints against our client. In one, it was alleged that he was parked outside of his ex-girlfriend's apartment in violation of an existing restraining order. In another, it was alleged that our client violated the restraining order on a different occasion by making several phone calls and sending e-mail and Facebook messages. Additionally, it was alleged that on yet another occasion, our client called this woman 30 times in a 24 hour period and followed a pizza delivery man into her apartment building to bang on her door. Denise Dolan of our office represented our client at a clerk's hearing. Two of these applications were dismissed and one was continued to be dismissed in 7 months.
Attorney Neyman's Office Successfully Defends Out Of State Defendant At A Probation Surrender Hearing And Client Avoids Prison Time
Middlesex Superior Court: A default on a trafficking in a class B substance case eventually caught up to an out of state defendant. The defendant faced serving up to five years in prison on a twenty-six year old case for defaulting on a suspended sentence back in 1986. Attorney Neyman's office engaged in negotiations with the Superior Court probation department. Following argument by counsel which emphasized the defendant's accomplishments over the past number of years, the Judge agreed to terminate the defendant's probation. The defendant did not serve any prison time.
Attorney Neyman's Office Clears Up Twenty Five Year Old Felony Cases For Out Of State Defendant
Milford District Court: The defendant was charged with three felonies including larceny over $250, malicious destruction of property and larceny by check in a Massachusetts District Court. Over twenty years ago the defendant moved out of state not realizing that there were outstanding warrants for his arrest.
The 1987 warrants eventually caught up with the defendant and prevented him from carrying out his work obligations. Attorney Neyman's office tracked down the warrants and after a lengthy negotiation all charges were dropped against the defendant.
Charges of violation of probation dismissed against Virginia man.
Hingham District Court Docket Number 06-1919. The defendant is a contractor living in Virginia. He was on probation out of the Hingham District Court for an OUI dating back to 2006. He was in violation of his probation for failing to pay court fees and fines and for failing to complete the alcohol education program assigned to first offenders. A warrant had issued for his arrest. He was looking at a possible jail sentence for violating the terms of his probation. Attorney Stephen Neyman succeeded in getting the probation surrender dismissed.
Alcohol charges dismissed and probation surrender proceedings terminated against Marlborough man
Marlborough District Court Docket Numbers: 99-1043 and 98-2013. In 1998 the defendant was charged with two counts of distributing marijuana. The case was continued without a finding requiring the defendant to remain free from trouble for eighteen months. The judge imposed an alternative sentence of at least 6 months in jail and up to 18 months in jail if the defendant violated the terms of his probation. The defendant did in fact violate probation by failing to complete a program, paying the fines that were imposed and by failing to report to his probation officer. He also picked up a new case, being a minor in possession of alcohol. The defendant remained in default for nearly 10 years. He surrendered himself and retained our office to defend the criminal accusations he faced. Attorney Neyman succeeded in getting the probation officer to agree to terminate probation provided the defendant pay the outstanding fines. We also succeeded in getting the alcohol charges dismissed outright.