Probation Surrender

Brockton Criminal Defense Attorneys

Massachusetts Criminal LawsOur knowledgeable and experienced Massachusetts defense attorneys at The Noonan Defense Firm are available to assist clients throughout all of Southeast Massachusetts, including but not limited to Brockton, Taunton, Bridgewater, and East and West Bridgewater, Hingham, Weymouth, Quincy, Plymouth, Marshfield, Attleboro, Canton, Stoughton and all smaller cities and rural areas in Southern Massachusetts. We also serve the counties of Plymouth, Norfolk and Bristol, Massachusetts.

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.

Examples of probation violations that can lead to formal hearing are:

  • Failure to pay a fine;
  • Failure complete rehabilitation program;
  • Failure to complete community service;
  • Failure to make a court appearance;
  • Keeping company with convicted felons;
  • Failure to report to probation officer;
  • Failing a drug test;
  • Getting charged with a crime.

Some of the consequences that may result if the probationer is found to have violated the terms of his or her probation:

  • Jail Time;
  • Added terms to probation;
  • Suspended sentence imposed;
  • Added community service;
  • Treatment and education programs.

Get the legal help you need — now. Call our Brockton defense attorneys today to schedule your free no-obligation case review and consultation at (508) 584-6955.

If you have received a notice to attend a probation surrender hearing you need an attorney by your side.  Our lawyers understand that having probation revoked will present a serious hardship to you and will work hard to ensure that does not happen.

As a criminal defense attorney alone, Gerald J. Noonan has successfully handled more than 340 criminal trials.  Attorney Noonan knows the legal strategies and tactics both law enforcement and district attorneys use when trying to get criminal convictions. He has criminal trial experience on both sides of a criminal case, which is invaluable when you are looking for an attorney to represent you in any legal matter including probation hearings.

No matter where you are located, we are just a phone call away. Call us to schedule a free no-obligation case review and consultation at (508) 584-6955 and you will have taken your first step to find out how best to confront this important matter. You can also click here to use our Free Case Evaluation Form.

Our knowledgeable and experienced Massachusetts defense attorneys at The Noonan Defense Firm are available to assist clients throughout all of Southeast Massachusetts, including but not limited to Brockton, Taunton, Bridgewater, and East and West Bridgewater, Hingham, Weymouth, Quincy, Plymouth, Marshfield, Attleboro, Canton, Stoughton and all smaller cities and rural areas in Southern Massachusetts. We also serve the counties of Plymouth, Norfolk and Bristol, Massachusetts.

Massachusetts Drivers License Suspension and Surcharges

Taunton Motor Vehicle Offense Attorney

Driving on suspended license defense attorneys in Brockton.The Massachusetts Registry of Motor Vehicles will suspend someone’s driver’s license for a variety of reasons. The following are only a few reasons:

  • Five Surcharges: A driver that has 5 civil vehicle citations or 5 surcharges within a three year period will have to undergo traffic school or they will face a license suspension. Surcharges are accessed when a motorist is involved in an accident where they are more than 50 percent at fault and also when they are written a citation.
  • 7 Surcharges: 7 surcharges within a three year span will result in a suspended license for 60 days. The driver has no recourse for this suspension.
  • 12 Surcharges and the Habitual Traffic Offender: 12 surchargable events within 5 years will classify the driver as a habitual offender and will result in a loss of license for 4 years.
  • Criminal Vehicle Offenses: Anyone who has 3 criminal vehicle offenses will be deemed a habitual offender and will lose their driver’s license for 4 years. The following are some examples of criminal motor vehicle offense: OUI conviction, refusing to take the breath test, leaving the scene of personal injury or property damage, negligent operation, driving on a suspended or revoked license, failure to stop when instructed by police.

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.

Charged with Driving On A Suspended License?  Talk With An Experienced Taunton Motor Vehicle Offense Attorney For Free

Regardless of why your driver license was initially suspended, if you are caught driving without a valid license you are facing the possibility of criminal charges that could have a lasting impact on your driving privileges, be subject to stiff fines, and even be facing jail time.  Our lawyers will aggressively seek to get you the best possible outcome and fight any charges levied against you.

No matter where you are located, we are just a phone call away. Call us to schedule a free no-obligation case review and consultation at (508) 584-6955 and you will have taken your first step to find out how best to confront this important matter. You can also click here to use our Free Case Evaluation Form.

Our experienced Massachusetts driving offense criminal defense attorneys are available to assist clients facing charges of driving on a suspended driver’s license throughout all of Southeast Massachusetts, including but not limited to Weymouth, Quincy, Brockton, Taunton, Bridgewater, Hingham, Marshfield, Plymouth, Attleboro, Canton, Stoughton and all smaller cities and rural areas in Southern Massachusetts. We also serve the counties of Plymouth, Norfolk and Bristol, Massachusetts.

Criminal Harassment

Have you been charged with misdemeanor or felony Criminal Harassment or making annoying phone calls?

Put our Brockton criminal defense law firms’ experience to work for you.

Our Brockton criminal defense law attorneys are available to assist clients accused of criminal harassment or stalking charges throughout all of Southeast Massachusetts, including but not limited to Brockton, Taunton, Bridgewater, Plymouth, Marshfield, Attleboro, Canton, Stoughton,  Weymouth, Hingham, Quincy. We also serve the counties of Plymouth, Norfolk and Bristol, Massachusetts.

Making obscene or harrassing phone calls. Brockton defense attorneys.The criminal harassment statute was enacted to protect people from stalking behaviors, and to protect victims of harassment before that behavior could escalate into more dangerous conduct. The Massachusetts Legislature enacted Chapter 265, Section 43A which criminalizes harassment.

The statute regarding criminal harassment reads as follows:

  • “Whoever willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress, shall be guilty of the crime of criminal harassment ….”
  • In order to get a conviction for criminal harassment the prosecution needs to prove the following beyond a reasonable doubt:
  • The defendant committed not less than three separate incidents of willful and malicious conduct specifically directed at the victim;
  • The victim was seriously alarmed by the defendant’s conduct;
  • A reasonable person would have suffered substantial emotional distress as a result if the defendant’s conduct.”

Proving Charges Of Criminal Harassment

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.

Criminal Penalties For Conviction On Criminal Harassment Charges

Conviction Offense Penalty
1st Offense Misdemeanor Up to 2 1/2 years in jail.
2nd Offense Felony Up to 10 years in state prison.
Making Annoying Phone Calls Misdemeanor Maximum 3 months

Call An Experienced Boston Area Defense Lawyer For Aggressive Defense Against Misdemeanor or Felon Charges — Free Consultation

If you have been accused of criminal harassment, you need an aggressive attorney that will build a strong defense on your behalf.  As a former prosecutor, attorney Gerald J. Noonan knows how prosecutors work and and the legal system from both the prosecutorial and criminal defense sides.

No matter where you are located, we are just a phone call away. Call us to schedule a free no-obligation case review and consultation at (508) 584-6955 and you will have taken your first step to find out how best to confront this important matter. You can also click here to use our Free Case Evaluation Form.

Our Brockton criminal defense law attorneys are available to assist clients accused of criminal harassment or stalking charges throughout all of Southeast Massachusetts, including but not limited to Brockton, Taunton, Bridgewater, Plymouth, Marshfield, Attleboro, Canton, Stoughton,  Weymouth, Hingham, Quincy. We also serve the counties of Plymouth, Norfolk and Bristol, Massachusetts.

Filing a False Police Report

Charged with Filing a False Police Report? Our Brockton Defense Attorneys Can Help.

Our knowledgeable and experienced Massachusetts attorneys at The are available to assist clients throughout all of Southeast Massachusetts, including but not limited to Brockton, Taunton, Bridgewater, Weymouth, Quincy, Hingham, Marshfield, Plymouth, Attleboro, Canton, Stoughton and all smaller cities and rural areas in Southern Massachusetts. We also serve the counties of Plymouth, Norfolk and Bristol, Massachusetts.

Let our Brockton criminal defense lawyers help you avoid jail time.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:

  • The defendant reported a crime to a police officer or did something to cause a police report to be made/filed;
  • The report was false;
  • The Defendant reported the crime intentionally and not by accident, negligence or mistake;
  • The Defendant reported the crime or filed the report knowing it was false.

Anyone found guilty of filing a false police report faces up to 1 year in the house of corrections and or a $500 fine.

Talk With a Greater Boston Area Misdemeanor and Felony Crimes Defense Attorney for Free

Sometimes, people make mistakes or have misunderstandings that can lead to filing a false police report.  A parent, worried about a child’s whereabouts may omit or exaggerate information hoping to gain faster response time from police to look for their missing child.  Sometimes, in the heat of an argument, a disgruntled spouse or partner may file a report of abuse when that may not have been the case.

Regardless of why you are being accused of filing a false police report our attorneys can help you clear up the matter can have the necessary experience to defend you against the charges you face.

No matter where you are located, we are just a phone call away. Call us to schedule a free no-obligation case review and consultation at (508) 584-6955 and you will have taken your first step to find out how best to confront this important matter. You can also click here to use our Free Case Evaluation Form.

Our knowledgeable and experienced Massachusetts attorneys at The are available to assist clients throughout all of Southeast Massachusetts, including but not limited to Brockton, Taunton, Bridgewater, Weymouth, Quincy, Hingham, Marshfield, Plymouth, Attleboro, Canton, Stoughton and all smaller cities and rural areas in Southern Massachusetts. We also serve the counties of Plymouth, Norfolk and Bristol, Massachusetts.

Penalties For Domestic Assault and Battery

Penalties for Conviction on Domestic Assault and Battery Charges in Massachusetts

Our Brockton Defense Lawyers can help you avoid jail time.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.

A conviction for assault and battery by a dangerous weapon can result in punishment by imprisonment in the state prison for up to 10 years or imprisonment in the house of correction for up to 2.5 years. Because this offense is a felony the district attorney’s office can indict the defendant in an effort to get the case moved to superior court where penalties for a conviction are increased to the stated 10 year sentence in state prison.

Certified Batter’s Program

Often times a defendant that is found guilty of domestic assault and battery gets probation. Usually, as a condition of that probation, the defendant will have to enter The Certified Batter’s Program. The defendant will have to pay to be in the program. The cost can be upwards of $3,500 in some cases. The program takes over 40 weeks to complete and comprises of 80 hours of sessions. Each session usually runs for 2 hours.

Anger Management

Instead of the certified batter’s program courts may order the defendant to go to anger management. The anger management program is not as intensive as the batter’s program and last only 14 weeks.

Serious & Aggressive Defense Against Domestic Violence Crimes

Although you may have been accused and charged with a crime, you are presumed innocent by the court. An experienced and knowledgeable Massachusetts Criminal Attorney will investigate your case and diligently develop your defense strategy from the initial arrest to the ultimate disposition of your case.

If you or someone you love is under investigation for a violent crime or has already been charged, you should speak with The immediately. Even if you are only under investigation and have not yet been formally charged, you should contact an experienced criminal defense attorney who can help protect you from damaging your case.

Brockton MA Domestic Violence Charges Criminal Defense Attorneys – Initial Consultations Are Always Free

Our knowledgeable and experienced Brockton Domestic Violence Criminal Lawyers at The Noonan Defense Firm are available to assist clients throughout all of Southeast Massachusetts, including but not limited to Brockton, Taunton, Bridgewater, Weymouth, Hingham, Quincy, Plymouth, Marshfield, Attleboro, Canton, Stoughton and all smaller cities and rural areas in Southern Massachusetts. We also serve the counties of Plymouth, Norfolk and Bristol, Massachusetts.

No matter where you are located, we are just a phone call away. Call our Brockton Criminal Lawyers to schedule a free no-obligation case review and consultation at (508) 584-6955 and you will have taken your first step to find out how best to confront this important matter. You can also click here to use our Free Case Evaluation Form.

MA Criminal Law – Manslaughter, Penalties for Manslaughter

  • 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.

MA Criminal Law – Murder by Duel, Fatal Fights, Mortal Wounds

  • Massachusetts General Laws
  • Part IV Crimes, Punishments and Proceedings in Criminal Cases
  • Title I Crimes and Punishments
  • Chapter 265 Crimes Against The Person

Section 3.  Duel; wound without and death within state; venue

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 4. Accessory in duel

Section 4. An inhabitant or resident of this commonwealth who, by previous appointment or engagement made within the same, becomes the second of either party in such duel and is present as a second when a mortal wound is inflicted upon a person whereof he dies within this commonwealth shall be an accessory before the fact to murder in this commonwealth, and may be indicted, tried and convicted in the county where the death occurs.

Section 5. Duel; conviction or acquittal in foreign state; effect

Section 5. A person indicted under either of the two preceding sections may plead a former conviction or acquittal of the same crime in any other state or country; and if his plea is admitted or established, it shall be a bar to all further proceedings against him for the same crime within this commonwealth.

Section 6, 7 and 8:  Repealed, 1962, 285 Sec. 2

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MA Criminal Law – Murder; Penalties for Murder

Also, see, Murder and Felony Murder.

Murder law is found in Massachusetts law under:

  • Massachusetts General Laws
  • Part IV Crimes, Punishments and Proceedings in Criminal Cases
  • Title I Crimes and Punishments
  • Chapter 265 Crimes Against The Person

Section 1. Murder Defined

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.

Section 2. Punishment for murder; parole; executive clemency

Section 2. Whoever is guilty of murder committed with deliberately premeditated malice aforethought or with extreme atrocity or cruelty, and who had attained the age of eighteen years at the time of the murder, may suffer the punishment of death pursuant to the procedures set forth in sections sixty-eight to seventy-one, inclusive, of chapter two hundred and seventy-nine. Any other person who is guilty of murder in the first degree shall be punished by imprisonment in the state prison for life. Whoever is guilty of murder in the second degree shall be punished by imprisonment in state prison for life. No person shall be eligible for parole under section one hundred and thirty-three A of chapter one hundred and twenty-seven while he is serving a life sentence for murder in the first degree, but if his sentence is commuted therefrom by the governor and council under the provisions of section one hundred and fifty-two of said chapter one hundred and twenty-seven he shall thereafter be subject to the provisions of law governing parole for persons sentenced for lesser offenses.

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Massachusetts Criminal Law – Penalties for Assault and Battery

Also, see Battery Charges | About Assault and Battery Charges

Section 13A. Assault, or assault and battery; punishment

Massachusetts Criminal LawsSection 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.

A summons may be issued instead of a warrant for the arrest of any person upon a complaint for a violation of any provision of this subsection if in the judgment of the court or justice receiving the complaint there is reason to believe that he will appear upon a summons.

(b) Whoever commits an assault or an assault and battery:

(i) upon another and by such assault and battery causes serious bodily injury;

(ii) upon another who is pregnant at the time of such assault and battery, knowing or having reason to know that the person is pregnant; or

(iii) upon another who he knows has an outstanding temporary or permanent vacate, restraining or no contact order or judgment issued pursuant to section 18, section 34B or 34C of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A, or section 15 or 20 of chapter 209C, in effect against him at the time of such assault or assault and battery; shall be punished by imprisonment in the state prison for not more than 5 years or in the house of correction for not more than 2 1/2 years, or by a fine of not more than $5,000, or by both such fine and imprisonment.

(c) For the purposes of this section, “serious bodily injury” shall mean bodily injury that results in a permanent disfigurement, loss or impairment of a bodily function, limb or organ, or a substantial risk of death.

MA Criminal Law – Penalities for Rape of Child During Commission of a Crime

Section 22B Rape of a child during commission of certain offenses or by use of force; penalties

Our Taunton defense attorneys can help you avoid jail time.Section 22B. Whoever has sexual intercourse or unnatural sexual intercourse with a child under 16, and compels such child to submit by force and against his will or compels such child to submit by threat of bodily injury and:

(a) the sexual intercourse or unnatural sexual intercourse is committed during the commission or attempted commission of any of the following offenses: (1) armed burglary as set forth in section 14 of chapter 266; (2) unarmed burglary as set forth in section 15 of said chapter 266; (3) breaking and entering as set forth in section 16 of said chapter 266; (4) entering without breaking as set forth in section 17 of said chapter 266; (5) breaking and entering into a dwelling house as set forth in section 18 of said chapter 266; (6) kidnapping as set forth in section 26 of chapter 265; (7) armed robbery as set forth in section 17 of said chapter 265; (8) unarmed robbery as set forth in section 19 of said chapter 265; (9) assault and battery with a dangerous weapon or assault with a dangerous weapon as set forth in sections 15A and 15B of said chapter 265; (10) home invasion as set forth in section 18C of said chapter 265; or (11) posing or exhibiting child in state of nudity or sexual conduct as set forth in section 29A of chapter 272;

(b) the sexual intercourse or unnatural sexual intercourse results in, or is committed by means of an act or acts resulting in, substantial bodily injury as defined in section 13J;

(c) the sexual intercourse or unnatural sexual intercourse is committed while the victim is tied, bound or gagged;

(d) the sexual intercourse or unnatural sexual intercourse is committed after the defendant administered, or caused to be administered, alcohol or a controlled substance by injection, inhalation, ingestion, or any other means to the victim without the victim’s consent;

(e) the sexual intercourse or unnatural sexual intercourse is committed by a joint enterprise; or

(f) the sexual intercourse or unnatural sexual intercourse was committed in a manner in which the victim could contract a sexually transmitted disease or infection of which the defendant knew or should have known he was a carrier, shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 15 years. The sentence imposed on such person shall not be reduced to less than 15 years, or suspended, nor shall any person convicted under this section be eligible for probation, parole, work release or furlough or receive any deduction from his sentence for good conduct until he shall have served 15 years of such sentence. Prosecutions commenced under this section shall neither be continued without a finding nor placed on file.

Brockton Sex Offenses, Rape Charges Criminal Defense Trial Lawyers

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.

Attorney Noonan knows the legal strategies and tactics both law enforcement and district attorneys use when trying to get criminal convictions. He has criminal trial experience on both sides of a criminal case, which is invaluable when you are looking for an attorney to represent you.

No matter where you are located, we are just a phone call away. Call us to schedule a free no-obligation case review and consultation at (508) 584-6955 and you will have taken your first step to find out how best to confront this important matter. You can also click here to use our Free Case Evaluation Form.

Our knowledgeable and experienced Boston area criminal defense law attorneys at The Defense Firm are available to assist clients throughout all of Southeast Massachusetts, including but not limited to Brockton, Taunton, Bridgewater, Weymouth, Hingham, Quincy, Plymouth, Marshfield, Attleboro, Canton, Stoughton and all smaller cities and rural areas in Southern Massachusetts. We also serve the counties of Plymouth, Norfolk and Bristol, Massachusetts.