Massachusetts Criminal Defense Attorney Blog

Cab Drivers Falsify Claims of Malicious Destruction to Property

August 12, 2014 | by Stephen Neyman Criminal Lawyers

Just yesterday I signed up a client being charged with malicious destruction to property over $250. This is a felony in Massachusetts. The allegations, at least according to the cab driver are that the passenger disputed the fare and refused to pay. Out of anger the passenger supposedly then broke a piece of the interior of the door. The cab driver called the police and the defendant was arrested. In the past year alone I have had several people meet with me for representation on cases with very similar facts. There is no doubt in my mind that in Massachusetts there is a trend where cab drivers falsify claims of malicious destruction to property. The motivation for this and defenses to the chargers are explored in this post.

Malicious Destruction to Property

Massachusetts Supreme Judicial Court Narrows Definition Of “Household” As It Relates To M.G.L. 209A Restraining Order Hearings

August 10, 2014 | by Stephen Neyman Criminal Lawyers

The litigation of the issuance and extension of 209A Restraining Orders takes up a considerable amount of time in District Courts throughout Massachusetts. Some judges listen carefully to the facts presented at these hearings. Others are afraid not to issue the order. Case law in this area is constantly evolving making your choice of a lawyer an extremely important decision. This post discusses a recent development in this law and why everyone should hire a lawyer for representation at a 209A restraining order hearings.

Massachusetts Restraining Order Defense

Challenging Criminal Confessions in Massachusetts When the Cops Are Lying

August 6, 2014 | by Stephen Neyman Criminal Lawyers

Anytime a criminal defense lawyer gets a police report and sees that his client allegedly confessed to a crime a red flag goes up. Was the confession made voluntarily? Was it recorded? How long did the interrogation last? What promises or inducements did the police make that prompted the defendant to tell them what they wanted to hear? Was the accused impaired by alcohol or drugs? Finally, does the defendant speak English and if not was an interpreter present for the interrogation. This post examines one of my recent cases where the defendant supposedly confessed to a rape and our approach to challenging criminal confessions in Massachusetts.

Challenging Criminal Confessions

Field Sobriety Tests Can Be Inaccurate

August 4, 2014 | by Stephen Neyman Criminal Lawyers

When a police officer pulls over a driver or stops a driver at a DUI checkpoint because the officer suspects that the driver may be driving under the influence of drugs or alcohol, the officer will more than likely request that the suspect driver participate in a series of tests commonly referred to as field sobriety tests. In Massachusetts, you have the right to refuse to participate in these tests.

Massachusetts OUI Defense Lawyer

What Happens if You Give a Cop the Middle Finger in Massachusetts?

July 31, 2014 | by Stephen Neyman Criminal Lawyers

Just recently a former client called me with a new problem. He was driving on a residential street and saw a police officer he believed to be the same officer who arrested him several years ago. Even though he was acquitted of the crime, a drug distribution offense, he still harbored animosity towards the arresting officer. So, seeing this officer he did what most people wouldn’t have done. He gave him the middle finger. And guess what? He received a summons in the mail charging him with disorderly person. This incident prompted me to write about what happens if you give a cop the middle finger in Massachusetts.

Free Speech or Disorderly Conduct?

Potential Child Abuse and Neglect and the DCF Part 2 of 2

July 31, 2014 | by Stephen Neyman Criminal Lawyers

As previously discussed in part 1 of this blog series, if children are present when police come to your home in response to a domestic assault and battery report, they will report the instance of the domestic assault to the Department of Children and Families (DCF) by submitting a 51A report of potential child abuse and neglect, as there is a concern that there may be child abuse in the home as well.

Domestic Assault and Battery Defense

Why Waiting Until the Last Minute to Hire a Criminal Lawyer is Not a Good Idea

July 28, 2014 | by Stephen Neyman Criminal Lawyers

Not unlike most Sundays I woke up yesterday to several find messages on my cell phone from perspective clients who are in need of criminal legal representation in court today. Someone needed a lawyer for a domestic assault and battery case out of Lowell. Another person wanted to hire me for a cocaine possession charge out of Plymouth. Someone else needs help for an OUI arrest from Saturday night in Woburn. This is all typical for a Sunday morning. There was however something unusual my answering service sent me. A client who was served with a restraining order ten days ago has a hearing in Lynn District Court tomorrow. This prompted me to blog about why waiting until the last minute to hire a criminal lawyer is not a good idea.

Hire a Lawyer Now

How Good Lawyers Manage Client Expectations in Criminal Cases

July 24, 2014 | by Stephen Neyman Criminal Lawyers

At least once a week a potential client will come into my office to discuss a pending case and conclude the conversation by asking me what guarantees I can give him. My answer is the same each time. There are no guarantees in this business. There are times when lawyers, based on their experience have a pretty good idea how a case will resolve and may share these experiences with perspective clients. But lets face it. No one knows for sure how any case will end up. This post examines how good lawyers manage client expectations in criminal cases and what to watch out for when deciding who to hire to defend you.

A Committed Criminal Defense Lawyer

Potential Child Abuse and Neglect and the DCF Part 1 of 2

July 22, 2014 | by Stephen Neyman Criminal Lawyers

Any close living situation may eventually cause agitation and strife between those people living together. And in some cases, the situation reaches a boiling point and people start to lash out, sometimes even violently. When violence occurs within the home, it is considered domestic assault. In the middle of a heated moment, it can be hard to keep sight of the fact that you love your family members or your children.

Child Abuse and Neglect Defense

What is a Motion in Limine in a Criminal Case in Massachusetts?

July 22, 2014 | by Stephen Neyman Criminal Lawyers

Motions in limine are requests brought by the parties and decided by a judge that determine what evidence might be admitted or excluded at trial. These motions are usually filed prior to trial or on the day of trial however they can be presented at any time. Motions in limine are typically brief and concise in form. Some criminal defense lawyers believe that motions in limine are the most important part of trial preparation. This post takes a look at this aspect of criminal trial practice.