Massachusetts General Laws Chapter 265, Section 43(b) is an aggravated form of stalking with a minimum mandatory sentence of not less than one year in a house of corrections if the stalking is committed in violation of a temporary or permanent restraining or no-contact order issued under Chapter 208, 209, 209A and 209C, or a protection order issued by another state or jurisdiction or a temporary restraining or preliminary or permanent injunction issued by a the Superior Court.
Police usually do not search for people with outstanding bench warrants but they will arrest you if you have an encounter with police and they run your name in the database and see you have an in-state warrant or an out-of-state warrant. A simple traffic stop for a minor moving vehicle violation like speeding or failing to stop at a red light could lead to your arrest and transportation back the Massachusetts court that issued the warrant.
A Motion for New Trial, pursuant to Rule 30 of the Massachusetts Rules of Criminal Procedure, may be used by a Defendant who is challenging the validity of a guilty plea. A Judge should only grant a post sentence motion to withdraw a plea if the Defendant comes forward with a credible reason which outweighs the risk of prejudice to the Commonwealth.
A Trial Judge has the discretion to grant a new trial at any time it appears an injustice was done. After a Defendant has been tried and convicted, he may have grounds to move the court for a new trial for many reasons.
Generally, the common causes for which a new trial may be granted fall into two categories: One category includes occurrences at trial or in the jury’s verdict which demonstrates that an injustice has been done; and the other category is the discovery of new evidence after the trial, or other developments occurring after the trial or conviction, which demonstrates manifest injustice.
The Valor Act, otherwise known as “An Act Relative to Veterans’ Access, Livelihood, Opportunity and Resources,” was passed into law in 2012 as M.G.L.A. 276A § 10-11. The Valor Act gives district court judges the option to divert eligible active duty military or veterans instead of formally charging them with a crime and then prosecuting them. This law can be very valuable to a criminal defense attorney that represents an eligible veteran or active duty serviceman. Unfortunately there are many criminal defense attorneys in Massachusetts that are not even aware of this defense.
A prosecutor in Massachusetts can seek to have a criminal defendant locked up in county jail for up to 90 days before a criminal trial has even started. At the arraignment, the prosecutor will notify the court, the accused and defense counsel that the district attorney’s office will be moving for a dangerousness hearing in an attempt to have the defendant detained in jail prior to the trial.
It is a crime in Massachusetts to make harassing or obscene phone calls. Massachusetts General Laws 269 Section 14A states that “Whoever telephones another person, or causes any person to be telephoned, repeatedly, for the sole purpose of harassing, annoying, or molesting such person or his family, whether or not conversation ensues, or whoever telephones a person repeatedly, and uses indecent or obscene language to such person, shall be punished by a fine of not more than $500 or by imprisonment for not more than 3 months, or by both such a fine and imprisonment.
Our Braintree defense lawyers defend clients charged with violent crimes such as assault and battery, domestic battery, home invasion, and manslaughter. In addition to violent crimes and drug crime charges including possession of class A, B, C and D controlled substances and possession with intent to distribute, Gerald J. Noonan also represents individuals arrested for drunk driving (DUI/OUI.)
The attorneys at the Law Offices of Gerald .J Noonan have earned a reputation among the district court and superior court prosecutors as being an aggressive group of criminal defense lawyers who are not afraid to try cases for clients facing serious felony charges such as home invasion, burglary, armed robbery, larceny theft, drug distribution, possession/intent to distribute, illegal weapons charges, sex crimes involving indecent assault, and violent crimes ranging from aggravated assault and battery to mayhem and manslaughter.
Attorney Gerald J. Noonan is a former prosecutor that has tried hundreds of DUI (Driving While Intoxicated) cases. As an assistant district attorney he learned how to prosecute OUI/DUI cases. As such, he is in the position to anticipate the prosecution’s case and plan accordingly. He is a Hanover drunk driving lawyer that also has 30 years of criminal defense trial experience. If you need a DUI defense lawyer in Hanover give attorney Noonan and the defense attorneys at The a call to schedule your free, no-obligation legal consultation.