e-book Understanding the Court Process in Massachusetts When you Face Criminal Charges

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Contents:
  1. Skip to Main Content - Keyboard Accessible
  2. Procedural Due Process Civil
  3. The Differences between Criminal Court and Civil Court
  4. Inside the Secret Courts of Massachusetts - A Globe Spotlight report
  5. Appearing in court - what you need to know

In August of this year police responded to a call at his home made by his wife. She had locked herself in a room in the home and called the police to report that she had been assaulted by her husband. The police obtained more detailed information when they entered the home. The victim stated that during an argument her husband became physical with her.

Skip to Main Content - Keyboard Accessible

She tried to escape and attempted to call the police. The defendant threw her phone into a pool thereby preventing her from making the call. He then put his hand over her mouth to prevent her from screaming for help. He also grabbed her by the throat.

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Our client was charged with strangulation, G. Today, Attorney Neyman was able to get all charges dismissed. Read More in Domestic Strangulation. On April 17, the police responded to a call for a domestic assault in progress. They were met by a parking garage attendant who, after hearing a woman scream the witness saw a large man, the defendant, standing over the victim making threatening gestures.

The woman had fled to a secure area in the garage.

Procedural Due Process Civil

The witness directed the police to the woman who was covered in bruises and crying. She reported that the defendant, a local physician had struck her over suspicions of infidelity. The man was arrested and charged with violating G. On a recommendation from a friend he hired Attorney Neyman. Today, all charges were dismissed.


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Criminal Practice. Domestic Assault and Battery. Domestic Assault and Battery Aggressive Defense Against Domestic Assault and Battery Charges Domestic assault and battery charges are extremely common in the state of Massachusetts and can have serious implications. We have prepared the following list of frequently asked questions concerning domestic assault and battery to give you a quick understanding of the charges against you: What is Domestic Assault and Battery?

The Law Offices of Stephen Neyman Will Fight for You At The Law Offices of Stephen Neyman, we will thoroughly and meticulously examine the facts of your case and develop the best defense strategy to obtain the best possible legal outcome. Violation of a A Order. Read More in Violent Crimes October 29, Contact Us Free Consultation It is important to know that you cannot simply return to your home state and ignore the charges from the other state.

The Differences between Criminal Court and Civil Court

The states and territories of the United States are required by the U. Constitution to render suspects on the request of another state.

This is commonly referred to as extradition. Often, out of state residents who are arrested face misdemeanor charges such as driving while intoxicated or breach of the peace.

The Law You Won't Be Told

Many states allow the defendant to hire a local attorney who can appear for the defendant in most criminal proceedings. That means that you would not have to bear the expense of traveling to the state in which the alleged misdemeanor occurred nor would you have to lose time from work in order to defend yourself. If you choose to allow your attorney to appear for you then it is important that you find someone whom you trust and that you stay in close contact with your attorney by telephone or e-mail so that you know exactly what is happening with your case.

If you are arrested for a felony then one of the first things that will happen is a bail hearing. If the arrest happens in a state other than your home state then it is unlikely that the judge will release you on your own recognizance because you do not have strong ties to the community. Instead, you will likely be required to post bail. Bail is a kind of guarantee to the court that you will come back for further proceedings. While bail is often required for in state defendants, it is almost always required for out of state defendants.

Inside the Secret Courts of Massachusetts - A Globe Spotlight report

If the defendant appears in court as required then the bail is refunded. If the defendant does not appear as required then the bail is not returned to the defendant and the defendant is likely to be arrested and held in custody pending trial. If you are convicted of a crime then in most circumstances the conviction becomes part of the public record. If the probable cause standard is met, the complaint will be accepted and formal criminal charges will issue.

Appearing in court - what you need to know

The clerk magistrate may, in the alternative, decide to hold the complaint for a specified period of time. If the respondent does not appear before the clerk magistrate on any additional summons during that time, the complaint will be administratively dismissed-- which means it will not become a part of your record.


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If the clerk magistrate does not find probable cause exists to support the allegations, then the complaint is dismissed and will not lead to criminal charges or appear on your record. The Law Offices of Stephen Neyman has successfully handled countless clerk magistrate hearings. We understand the seriousness of a clerk magistrate hearing and will fight aggressively for you to avoid any sort of criminal charges.

Further, regardless of the ultimate outcome of the hearing, we will use the hearing as an opportunity to discover the weaknesses in the prosecution's potential case, so we can zealously attack their case right from the start. Stephen Neyman will fight tirelessly to protect your legal rights and provide you the best chance to avoid criminal prosecution. Call Stephen Neyman today at for a free phone consultation. The defendant is our client charged with domestic assault and battery under G. The "victim" is our client's husband who deceived her into marrying him for the sole purpose of him obtaining citizenship.

When our client realized that she had been tricked she sought to terminate the marriage. The "victim" then orchestrated a domestic assault that he filmed. He contacted the police and our client was charged based on what he had produced on videotape. He then endeavored to avail himself of the victim of domestic assault asylum laws. Our office filed a cross-claim that was initially denied by the clerk magistrate. A judge heard the matter and agreed with Attorney Neyman and issued a complaint against the alleged victim.

Read More in Clerk Magistrate Hearings. On May 25, at a. The driver of the car was not present however the police received a call from a party who stated that he saw the driver and observed the place to where the driver fled. The officers were able to locate the driver who admitted to driving the vehicle and to leaving the scene where property damage had occurred.

The man was summonsed for a clerk magistrate hearing charging him with l eaving the scene of an accident with property damage in violation of G.