A probation surrender is a formal administrative hearing that occurs when a defendant is placed on either supervised or unsupervised probation and the probation department or probation officer alleges that the probationer has violated the terms and conditions of his or her probation. In the event of a probation surrender the probation department will notify a probationer by mailing a letter to the probationer. The letter will provide a description of the alleged violation along with an order requiring the probationer to appear for a formal hearing at a specific time and date. A defendant has a right to have an attorney present at the probation surrender hearing. Your attorney will be able present evidence in your behalf at this hearing.
Every license revocation and suspension is different from any other and each case has its own set of unique circumstances. If your license has been suspended or revoked because of too many moving vehicle citations you should call an experienced drivers license suspension attorney. Our lawyers are available to meet and speak with you 7 days a week. Give us a call today to schedule a free consultation.
The prosecution has to show the defendant engaged in a pattern of conduct. Not only does the prosecution have to show that the defendant engaged in three incidents of harassment but that all three were directed at the alleged victim and that the alleged victim knew that each of three incidents was directed at him or her. So if a defendant made loud disparaging remarks about the alleged victim to another person believing that the alleged victim was not around to hear them then this wouldn’t be considered conduct specifically directed at the victim. In order for conduct to be specifically directed at a victim the conduct has to be addressed to the victim in the form of a face to face exchange. So a phone call, email, letter, text message, or facebook comment that was sent to the alleged victim would constitute conduct specifically directed at the victim. However, an email sent to someone else who then took it upon themselves to forward the email to the victim would not constitute direct conduct.
Massachusetts General Laws Chapter 269 Section 13(A) makes it a crime to intentionally make/file a police report knowing that it is false. In order to get a conviction for filing a false police report the prosecution must prove the following beyond a reasonable doubt …
Depending on the facts of an arrest, domestic assault and battery in Massachusetts can be charged as simple assault and battery, assault and battery, aggravated assault and battery or assault and battery by means of a dangerous weapon. There is a huge difference between these four charges. Simple assault and battery and assault and battery are misdemeanor crimes in Massachusetts. Aggravated assault and battery and assault and battery with a dangerous weapon on the other hand are felony offenses.
Massachusetts General Laws Part IV Crimes, Punishments and Proceedings in Criminal Cases Title I Crimes and Punishments Chapter 265 Crimes Against The Person Section 13. Manslaughter; punishment [ Text of section effective until July 15, 2010. For text effective July 15, 2010, see below.] Section 13. Whoever commits manslaughter shall, except as hereinafter provided, be punished by imprisonment in the state prison for not more than twenty years or by a fine of not more than one thousand dollars and imprisonment in jail or a house of correction for not more than two and one half years. Whoever commits manslaughter while violating the provisions of sections one hundred and one to one hundred and two B, inclusive, of chapter two hundred and sixty-six shall be imprisoned in the state prison for life or for any term of years. Chapter 265: Section 13. Manslaughter; punishment [ Text of section as amended by 2010, 160, Sec. 5 effective July 15, 2010. For text effective until July 15, 2010, see above.] Section 13. Whoever commits manslaughter shall, except as hereinafter provided, be punished by imprisonment in the state prison for not more than twenty years or by a fine of not more than one thousand dollars and imprisonment in jail or a house of correction for not more than two and one half years. Whoever commits manslaughter while violating the provisions of sections 102 to 102C, inclusive, of chapter 266 shall be imprisoned in the state prison for life or for any term of years.
Section 3. An inhabitant or resident of this commonwealth who, by previous appointment or engagement made within the same, fights a duel outside its jurisdiction, and in so doing inflicts a mortal wound upon a person whereof he dies within the commonwealth shall be guilty of murder within this commonwealth, and may be indicted, tried and convicted in the county where the death occurs.
Section 1. Murder committed with deliberately premeditated malice aforethought, or with extreme atrocity or cruelty, or in the commission or attempted commission of a crime punishable with death or imprisonment for life, is murder in the first degree. Murder which does not appear to be in the first degree is murder in the second degree. Petit treason shall be prosecuted and punished as murder. The degree of murder shall be found by the jury.
Also, see Battery Charges
Section 13A. Assault, or assault and battery; punishment
Section 13A. (a) Whoever commits an assault or an assault and battery upon another shall be punished by imprisonment for not more than 2 1/2 years in a house of correction or by a fine of not more than $1,000.
If you are being investigated or have been charged with any sex offense, call our law offices today to get the experienced legal help you need. Throughout his prosecutorial career, Attorney Noonan argued and tried hundreds of criminal cases including cases involving rape charges.