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.
For more than three decades, the Lakeville Criminal Defense lawyers at The have been representing the residents of Lakeville and the surrounding area charged with first offense drunk driving, repeated offense DUI, drug possession of class A, B, C, and prescription narcotics, possession with intent to distribute narcotics, school zone violations, assault and battery, aggravated A&B, simple assault, battery, domestic assault, assault and battery with a dangerous weapon, armed robbery, burglary, and all types of larceny theft crimes.
Franklin criminal defense lawyer Gerald Noonan has been upholding the rights of Franklin residents for decades. Attorney Noonan frequently represents clients charged with assault and battery, simple assault, battery, aggravated A &B, indecent assault, drug charges including possession of cocaine, heroin, marijuana, ecstasy, and prescription drugs like OxyContin, Oxycodone and Vicodin.
Larceny crimes such as larceny by check, larceny by stealing from a person, and other theft crimes ranging from burglary, armed robbery to buying stolen goods and shoplifting are handled by Franklin criminal defense lawyer Noonan and the criminal defense attorneys at The .
If you are being accused of or have been arrested OUI/DUI/Drunk driving, armed burglary, aggravated armed robbery, aggravated assault and battery, manslaughter or any type of drug crime or sex crime contact us via email or call our Brockton Criminal lawyers today at (508) 584-6955 to schedule your free no-obligation consultation. Our Brockton office is located less than 5 miles from the Brockton courthouse.