Case Results » Pre-Trial Probation

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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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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Nearly a year and one half ago our client was charged with malicious destruction to a motor vehicle under G.L. c. 266 section 28A. The client suffers from a severe mental illness that has resulted in several criminal complaints spanning four Massachusetts counties. Many of his cases have recently been resolved. None of the cases on which we have represented the defendant resulted in criminal convictions. Nor with this case. It is scheduled to be dismissed following successful treatment for his mental health issues. 

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In December of 2020 a woman called 911 about a past domestic assault and battery. A detective went to her house to interview her about the incident. The woman related that nearly eight weeks earlier she and her husband got into a verbal dispute that turned physical. While arguing about the proposal of a divorce our client supposedly struck the woman several times, took her cell phone from her to prevent her from calling the police and smashed it on the ground making it unusable. He was charged with domestic assault and battery under G.L. c. 265 section 13M, intimidation of a witness under G.L. c. 268 section 13B and malicious destruction to property under $1,200 in violation of G.L. c. 266 section 127. The victim was adamant about our client having a conviction. Were that to happen he would be subject to deportation as he is not a United States citizen. Our investigator was able to demonstrate that the woman's claims were grossly exaggerated. As a result the district attorney's office agreed to pretrial probation under G.L. c. 276 section 87 for a six month period. At that time the case will be dismissed. 

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Over a year ago our client was charged with domestic assault and battery under G.L. c. 265 section 13M. Our office was able to get him pretrial probation under G.L. c. 276 section 87. The man successfully completed the probationary period and the case was dismissed. Fearing that prospective employers would be able to access information he asked us to petition to seal the case under G.L. c. 276 section 100C. Today, over the objection of the assistant district attorney the judge allowed our petition and sealed the case. 

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In August of 2021 police got a call for two women involved in a fist fight. One of the women told the officers that after finishing work she was hit in the face by the other woman. The officers were told that the initiator believed that her boyfriend, the defendant, was sexually involved with this woman. The police located the woman who was bleeding from her face and crying. She admitted to hitting the other woman. However she told the police that her injuries were the result of the defendant witnessing the earlier incident and retaliating. The defendant was arrested and charged with one count of domestic assault and battery under G.L. c. 265 section 13M. Today, the district attorney's office agreed to pretrial probation under G.L. c. 276 section 87. The case will be dismissed in a few months. 

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Several months ago we represented a nurse charged with improper storage of firearms under G.L. c. 140 section 131L. We resolved the case by way of pretrial probation for one year under G.L. c. 276 section 87. Our client requested that we try to terminate the probation early. We were able to do so. Pretrial probation is now over and the case is officially dismissed. 

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Our client is an accountant who was charged with domestic assault and battery nearly three years ago. A conviction for these charges, G.L. c. 265 section 13M, would result in his termination of work and likely a suspension of his CPA license. Similarly, a continuance without a finding would be viewed as a conviction in his industry. The incident was witnessed by a stranger who claimed that our client pushed the victim into an alley and choked her on three occasions. The availability of the independent witness contributed to the district attorney's rejection of our request for pretrial probation on several occasions. At that point we opted to prepare for trial. Today, the day of trial, the district attorney's office revisited our request and agreed to a term of pretrial probation under G.L. c. 276 section 87. All charges will be dismissed shortly and our client will not have any adverse employment issues. 

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The defendant is a college student who had a major disagreement with a roommate that resulted in the two terminating their living arrangement. After they separated the victim noticed that her credit card had been charged in excess of $6,000 for miscellaneous merchandise. She contacted the police. Their investigation led them to charge our client with improper use of a credit card in violation of G.L. c. 266 section 37, larceny of a credit card under G.L. c. 266 section 37B, identity fraud under G.L. c. 266 section 37E, larceny from a building in violation of G.L. c. 266 section 20 and larceny by false pretenses under G.L. c. 266 section 34. Several of these charges are felonies under Massachusetts law. Our office was hired. After nearly a year of motions and investigation we were able to get the district attorney's office to agree to pretrial probation under G.L. c. 276 section 87. All charges will be dismissed in a few months. 

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The defendant is a chief engineer at an energy facility in a Boston suburb. This past summer he was watching a girls soccer game at a local park. One of the girl's parents observed the man sitting on a bench near the field. He then placed a hat over his midsection and began making motions underneath the hat as if he was masturbating. The police were called. Several parents indicated that they had observed these same actions. The police arrested the man and charged him with lewd, wanton and lascivious conduct, G.L. c. 272 section 53 and disturbing the peace, G.L. c. 272 section 53. We immediately had the man evaluated by a forensic psychologist who determined that our client is not a risk to the public and that his actions were likely caused by anxiety and depression. This convinced the district attorney's office to agree to six months pretrial probation under G.L. c. 276 section 87. At that time all charges will be dismissed. 

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Our client recently became a citizen. Much like the case we had earlier this month discussed above, this woman had become a major participant in a buy and return scheme. She would purchase items, modify the sales receipt and return to another store. She was charged with larceny over $1,200 by scheme under G.L. c. 266 section 30 and falsifying or creating a false sales receipt in violation of G.L. c. 266 section 30C. Both are felonies in Massachusetts. Attorney Neyman represented the woman. Today, we got her pretrial probation under G.L. c. 276 section 87. All charges will be dismissed in a few months.

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In April of 2020 a large commercial gym was closed due to COVID. Three college students who lived near the gym had been spending the day drinking. One of the students convinced the others to break into the gym. The three did. When they entered they took some of the equipment and intentionally damaged the interior of the premises. Security videotape was provided to the police. Still photos were generated from the videotape. The police department circulated the photos to the entire department.  Several months later one of the officers responded to a noise complaint at an apartment building near the gym. When the occupant opened the door the officer immediately identified him from the photo that had been circulated. The officer inquired about the gym. The man confessed and identified the other participants, one of whom hired our office. They were all charged with malicious destruction to property over $1,200, a felony under G.L. Chapter 266 section 127, larceny from a building in violation of G.L. Chapter 266 section 20 and breaking and entering under G.L. Chapter 266 section 16A. Attorney Neyman succeeded in getting pretrial probation for 3 months. The defendant, who is an international student will not have any immigration issues or a criminal record. 

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Our client is a non-citizen student in Boston. In February of 2020 he and his girlfriend were in a pizza restaurant. It was late at night and the establishment was closing at the time our client arrived. Our client inquired as to why the restaurant was closing over one hour prior to the indicated closing time. The owner became verbally abusive. Our client argued back. In a matter of seconds a fight erupted. The police were called. The restaurant owner and our client made statements to the responding officers. Our client was subsequently charged with assault and battery under G.L. c. 265 section 13A. COVID delayed the proceeding significantly in this case. Nevertheless, we were able to get pretrial probation pursuant to G.L. c. 276 section 87 for our client. This will not impact his citizenship efforts. 

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Several weeks ago we were able to get our client pretrial probation under G.L. c. 276 section 87 on a domestic assault and battery case G.L. c. 265 section 13M. Unfortunately the client, who is from another country, had a family emergency requiring him to return to his home country. Were he to leave with pretrial probation not completed it is likely that he would have been denied reentry into the United States. Accordingly, terminating pretrial probation was necessary. We negotiated termination with the district attorney's office and with the probation department. The case is now dismissed. 

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The defendant is a commercial airline pilot temporarily living in the greater Boston area. Last Fall, in part due to stress from the pandemic he could not sleep. Around 3:00 a.m. he went for a walk and sat down on a bench near a park. To relieve his stress he started masturbating. A truck driver observed this and called the local police. The police arrived and confronted the man about the accusation. He admitted to doing this. He was permitted to leave and received a summons for complaint charging open and gross lewdness, a felony pursuant to G.L. c. 272 section 16. Attorney Neyman was hired to defend him. At our suggestion our client was evaluated by a forensic psychologist who determined that the man presented no risk to the public or of reoffending. We provided a supporting report to the district attorney's office and they agreed to a resolution of pretrial probation G.L. c. 276 section 87. All charges will be dismissed. 

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Several months ago our client was placed in pretrial probation under G.L. c. 267 section 87 for a drug possession case G.L. c. 94C section 34 with the condition that he get a drug dependency evaluation. The evaluation came back favorable to our client. As a result we went back into court to move to terminate probation. That effort was successful today. 

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Nearly two years ago the defendant and his girlfriend were in Massachusetts visiting for the weekend. They were staying at an upscale hotel having drinks in the bar. The two started arguing. The dispute escalated and the defendant then struck the victim with her purse in the back of the head. The police were called. The woman claimed that the defendant had been violent with her in the past. Two employees of the hotel bar claimed to have witnessed the attack as well. Our client was located in his room and arrested. He was charged with domestic assault and battery G.L. c. 265 section 13M and assault and battery by means of a dangerous weapon under G.L. c. 265 section 15A. Attorney Neyman was hired immediately. After two years of litigation we were able to get the district attorney's office and the judge to agree to pretrial probation under G.L. c. 276 section 87. In six months all charges will be dismissed. 

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On October 8, 2020 members of a Cape Cod police department were called for a report of a drunken man out of control. Officers observed the man unsteady on his feet and incoherent. The police put him into custody for his own protection and the for the protection of the general public. In the process of doing so the man became highly agitated and belligerent. While at the station a female officer walked by the man's cell. He proceeded to remove his clothes and show the officer his naked buttocks. The man then proceeded to put his finger in his anus while screaming obscenities at the officer. He was charged with disorderly person, violative of G.L. c. 272 section 53 and open and gross lewdness under G.L. c. 272 section 16. Attorney Neyman was able to get the assistant district attorney to agree to pretrial probation under G.L. c. 276 section 87. All charges will be dismissed outright in a few months.

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Our client is a pharmacist. On January 15, 2020 he and the driver of another vehicle got into a verbal altercation over this person taking our client's parking space. Infuriated, our client returned to the location where the victim parked and slashed her car tires. Unbeknownst to him, security cameras in the area captured the entire incident. Our client left the area and was summonsed to court for malicious destruction to property under $1,200, a violation of G.L. c. 266 section 127. He never received the summons and a warrant issued. Yesterday, he was pulled over for a moving violation and the officer alerted him to the outstanding warrant. Our client called our office to represent him. We went into court to remove the default. While doing so we prevailed on the assistant district attorney to agree to pretrial probation under G.L. c. 276 section 87. The case will be dismissed once our client makes restitution in the amount of $250. 

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Several months ago police in a large Massachusetts city responded to a call for a man in parking in someone's driveway, unlawfully and arguing with the individual. The officer investigating was told by the alleged caller that things were fine now and it was okay to leave the area. The officer did not leave. Instead, he inquired of neighbors and others in the area about the nature of the dispute. He determined that our client had become physical with the 911 caller. The "victim" denied any physical assault. The officer then confronted our client and aggressively interrogated him. Feeling intimidated, our client allegedly pushed the office away telling him "get out of my face". Our client was then arrested and charged with assault and battery on a police officer in violation of G.L. c. 265 section 13D. He hired Attorney Stephen Neyman to represent him. Today, we were able to get pretrial probation under G.L. c. 276 section 87 for our client. All charges will be dismissed after the production of a letter of apology to the police officer. 

This case was determined telephonically due to the courts being closed

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On June 2, 2019 members of a Massachusetts police department were monitoring a rally involving hundreds of people. Various factions of people at the rally became aggressive towards one another and violence erupted. The police attempted to keep the situation peaceful without success. Several fights broke out and the police intervened. During the course of this incident officers alleged that our client struck police officers and resisted their efforts to arrest him. Our client was charged with assault and battery on a police officer, G.L. c. 265 Section 13D, disturbing a public assembly, G.L. c. 272 Section 40 and resisting arrest G.L. c. 268 Section 32B. Attorney Neyman was retained and was able to get the accused pretrial probation under G.L. c. 276 Section 87. He will have no record. 

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Our client is a high level business executive with an MBA from one of the best business schools in the country. He relocated to Massachusetts after receiving a promotion to run an international branch of his company. He was invited to a party and unexpectedly became extremely intoxicated and confused. He left the party and drove to the parking lot of a crowded strip mall. His behavior caused alarm and the police were called. As officers approached him he became aggressive and swore at them. He began screaming at the top of his lungs causing a crowd to gather. One of the officers attempted to calm him down. In doing so our client became physically aggressive and needed to be restrained. He was arrested and charged with disorderly conduct and disturbing the peace, both violations of G.L. c. 272 Section 53 and resisting arrest under G.L. c. 268 Section 32B. He contacted Attorney Neyman to represent him. Any conviction or admission would likely result in this man losing his job. Our office was able to get him pretrial probation under G.L. c. 276 Section 87. The case will be dismissed in six months and this will have no impact on his employment. 

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The defendant is a third year law student in Boston. He was charged on two occasions with assaulting and beating his wife in violation of G.L. c. 265 Section 13M. The first incident occurred on May 4, 2018. On that date, officers responded to an apartment and found a woman, the defendant's wife, complaining of pain to her ribs. She was dizzy and nauseous as well. She told the police that earlier that day, while walking to the gym her husband grabbed her by the hair and pulled her down the street. When she resisted he struck her in the ribs several times. She lost her breath and consciousness for a brief period of time. A civilian witnessed the incident and reported it to the police. The man was arrested and charged with the crime. About one month later, with the first case pending, the wife again called 911. She reported that the defendant had hit her in the head and then pushed her head into the bedroom wall. Again the defendant was arrested and charged with the same domestic assault and battery offense. The cases were consolidated. Today, Attorney Neyman was able to get pretrial probation under G.L. c. 276 Section 87 for three months. The man, who is a non-citizen will have no record and no immigration problems. Probation will terminate prior to his graduation from law school.

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The defendant is not a citizen. He has several post graduate degrees and is well known in the high tech industry. Several weeks ago his girlfriend accused him of attacking her and beating her. He was charged with domestic assault and battery under G.L. c. 265 Section 13M. Our office was retained to represent the man. We were able to get him pretrial probation pursuant to G.L. c. 276 Section 87. The case will be dismissed after a short term of probation.

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On March 16, 2018 Southborough, Massachusetts Police were dispatched to a residence for a call on a domestic disturbance. They were informed that the defendant and the victim, his father, were engaged in a fight in the home. When they arrived the met with the defendant who admitted that after an argument he grabbed his father by the throat and tried to choke him. The defendant further admitted that he took the house phone and broke it to prevent the victim from calling the police. He was charged with violating G.L. c. 265 Section 13M, domestic assault and battery and G.L. c. 268 Section 13, witness intimidation. He hired our office to represent him. Today, Attorney Neyman was able to get pretrial probation under G.L. c. 276 Section 87 for the defendant. All charges will be dismissed.

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The defendant is a graduate student with a 4.0 GPA. On April 6, 2018 she was in line at a club in Worcester. She and her friends were denied entry as one of the security staff believed one of the friends to be intoxicated. The group began to argue with the staff and a police officer was called. The officer alleged that the defendant refused to leave the premises and began arguing with the officer. She was advised to leave the property again by the officer. She refused and threatened to hire a lawyer and complained that her rights were being violated. Once the officer determined that the woman was not going to leave he went to arrest her. She resisted. She was ultimately charged with disorderly conduct, G.L. c. 272 Section 53, trespass, G.L. c. 266 Section 120, disturbing the peace, G.L. c. 272 Section 53 and resisting arrest, G.L. c. 268 Section 32B. Attorney Neyman was hired to represent the woman. Our office was able to get pretrial diversion pursuant to G.L. c. 276A prior to arraignment. The case is dismissed.

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On June 25, 2015 a Stoneham police officer was dispatched to a location of a hit and run with property damage. The officer met with a property owner who showed him a significant amount of damage to a fence and trees in a lot next to his home. Officers reconstructed what they believed to be a motor vehicle accident wherein the driver fled the scene. A Massachusetts license plate was located in the area belonging to a man living in another town. The police made contact with the man who admitted to driving and to being involved in the accident. He was charged with leaving the scene of an accident with property damage in violation of G.L. c. 90 Section 24. Today, Attorney Neyman was able to get the defendant six months pretrial probation under G.L. c. 276 Section 87.

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In June of 2014 our client was placed on pretrial probation pursuant to G.L. c. 276 Section 87 after being charged with domestic assault and battery in violation of Massachusetts General Laws Chapter 265 Section 13A(a). The terms of the probation were simple, stay away from the named victim. Within a few months of the imposition of sentence the defendant went to the victim's place of business and unlawfully made contact with him. A few months later she began contacting him by phone, again in violation of the pretrial conditions. Pretrial probation was terminated and the case was put back on the trial list. Attorney Neyman was hired. Today he successfully restored the case to a pretrial probation status.

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On May 19, 2014 members of the Chelsea, Massachusetts police department were involved in an investigation at a local apartment complex known for high drug activity and gang violence. They observed a man wearing a hooded sweatshirt with a bulge coming from his right hip area that he was protecting. The officer followed the man into the building, watching him knock on an apartment door. The officer overheard the occupant of the apartment ask if the man had "some product". The man entered the apartment after which the officer heard loud noises and an apartment fight. The officer went to the door and was met by the occupant who gave him permission to enter. At that time, the officer saw the other man, our client, trying to hide drugs. He was arrested and found in possession of four bags of crack cocaine consistent with an intent to distribute. He was charged with possession with intent to distribute class B crack cocaine. Today, Attorney Neyman was able to get the man pretrial probation pursuant to G.L. c. 276 Section 87.

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This case stemmed from a sting operation in the Middlesex County involving the use of an undercover female officer posing as a prostitute online. The individual charged in this case was caught in the some investigation as one resolved yesterday (see previous case result). The man is a biological engineer and not an American citizen. Pretrial probation pursuant to G.L. c. 276 Section 87 was a must given this man's status in this country. Today, Attorney Neyman secured pretrial probation for the man for a period of six months. He will have no criminal record and there will be no immigration consequences.

On Friday, December 5, 2013 police in Middlesex County Massachusetts were conducting a prostitution sting using a female officer to pose as a prostitute. The task force rented two hotel rooms across from one another. Ads were posted on backpage.com under the "Adult" and "Escort" sections of the site. A cell phone number was listed in the ad and a variety of services were suggested. The operation is known as a reverse sting. Just before 5:00 p.m. the defendant called the listed number and arranged to meet with the undercover for sexual services. Once he arrived a price for certain services was negotiated. At that point backup officers made their entry and arrested the man. He was charged with sex for a fee. Today, Attorney Neyman was able to get him pretrial probation. He will have no criminal record.

The defendant is a twenty year old man with an associates degree and no prior criminal record. The prosecution alleged that on January 5, 2015 the Lawrence, Massachusetts police received numerous complaints for a motor vehicle being driven recklessly, likely paying homage to individuals killed while fleeing police on New Year's Day. During their response to the scene officers observed the defendant approach the car. Officers told him to move away from the vehicle. The defendant became obstreperous and refused to obey the officers commands. The accused also became aggressive. He was arrested. He resisted the officers' efforts at the arrest. He was charged with resisting arrest and disorderly conduct. Today, Attorney Neyman was able to get a general continuance for the defendant. A general continuance is much like pretrial probation with the exception that the probation department has no involvement in the disposition. The defendant will have no criminal record.

Boston Police reported that on December 9, 2014 they responded to a call for an officer in trouble. They arrived to find high school students from different schools fighting. When the officers attempted to intervene several of them were struck by the combatants. One of the participants is alleged to have struck one of the officers with fists and subsequently trying to flee the scene. This person was charged with assault and battery on a police officer, affray and resisting arrest. Attorney Stephen Neyman was retained after the arraignment. Today, we were able to convince the district attorney to agree to pretrial probation. The defendant will not have a criminal record.

Wrentham District Court: After nearly a two year investigation members of the Medway, Massachusetts Police Department determined that the defendant, wife of the victim's former husband had been engaging in a pattern of conduct designed to harass. The police forensic investigation led to the execution of a Search Warrant at the defendant's home from which all electronic devices capable of sending communications were seized. Officers and the prosecution concluded that our client had systematically sent hundreds of harassing emails to the victim over the course of the two years sufficient to warrant the issuance of a Harassment Prevention Order. Simultaneously, the defendant was alleged assuming the victim's identity to further the harassment efforts. Notwithstanding the issuance of the Harassment Prevention Order the abuse continued and our client was charged. After nearly eighteen months of litigation Attorney Neyman secured pretrial probation for the defendant. She will have no criminal record.

Boston Municipal Court: The prosecution charged our client, a woman from Portland, Maine with Assault and Battery on a Police Officer and Disorderly Person. The allegations stemmed from an incident in a local North Station bar wherein patrons reported a disturbance. A Boston police officer on foot patrol responded. He was told by personnel working at the establishment that our client along with a couple of her friends became involved in an argument with other patrons and that the argument escalated. The responding officer claimed that while investigating the complaint he was assaulted by our client, one of her female friends and a male friend. As to our client it was alleged that she grabbed the officer from behind by his neck and struck him. Today Attorney Neyman was able to get the case resolved through pre-trial probation. The defendant will not have a criminal record and all charges will be dismissed.

Newton District Court: Our client is a local college student who was charged last year with distribution of drugs in his college dorm room. Our office was able to get him pre-trial probation meaning that if he complied with certain court imposed requirements and remained free of criminal trouble for the designated period of time his case would be dismissed. At the client's request we brought the case forward two months early to have probation terminated so that restrictions would be lifted and our client who is not a citizen could return to his native country after the school year. The judge granted the request and Pre-Trial Probation was terminated.

Lowell Juvenile Court. On April 14, 2009 a detective from a Middlesex County town was called to a local high school for a reported drug transaction. Upon arrival he met with the assistant principal who informed him that two girls witnessed our client, a fifteen year old sophomore provide marijuana to another student for money. The girls notified their teacher who in turn notified the assistant principal. The school administrators and the detective met with the defendant who admitted to selling drugs for another student who was supplying larger quantities of drugs to our client and other students. Our client was charged with distribution of marijuana in a school zone. Attorney Stephen Neyman succeeded in getting pre-trial probation for the client. All charges will be dismissed on his eighteenth birthday if he stays out of trouble until then.