Massachusetts Probation Violation Attorneys
After a defendant is placed on probation, if it is later alleged by the probation department that the probationer has somehow violated any of the terms and conditions of their probation, a Massachusetts Notice of Probation Violation is sent to the defendant's last known address. Along with a description of the alleged violation, the defendant is then ordered to appear before the court for a Probation Surrender Hearing on a specific date and time.
Types of Probation Violations in Massachusetts
Probation violations generally fall into one of two different categories:
Technical Violations: Technical probation violations include general violations of the probation requirements. The most common is failing to report to the probation officer as scheduled, or your failure to take alcohol education classes associated with your prior OUI, substance abuse counseling, or anger management classes related to a prior domestic abuseincident. Other technical violations include failure to notify your probation officer if you are moving, failure to file a monthly report, failure to pay court-imposed fees, and failing or testing positive in a urinalysis or other drug test.
Substantive Violations (New crimes): One of the conditions of probation is not committing any other crime while you are on probation. A substantive violation involves the commission of a crime while you are on probation for a previous crime.
Ways to Violate Probation
Probation can be violated in many ways. The most commons types of probation violations include:
Failure to Comply: Part of your probation may include rehabilitation or community service. When the defendant fails to complete these required programs, a probation violation may occur.
Failure to Appear: Probation requirements often times include a scheduled court appearance for a progress report. When you fail to appear for the required appearance, a probation violation may occur.
Failure to Report: Probation may require that you report to your probation officer at scheduled times. If you fail to appear when expected, it may result in a probation violation.
Consequences of Violating Probation
After a judge has determined that you violated the terms of your probation, the next decision becomes whether to revoke your probation and sentence you, modify the terms and conditions of your probation, or simply continue your probation. Possible dispositions include continue on same terms and conditions originally imposed, impose a guilty or juvenile delinquency finding, impose a suspended incarceration sentence, incarceration, extend the term of your probation, increase the level of your supervision, house arrest, etc.
Do Not Handle a Probation Violation on Your Own. Hire an Attorney. Free Consultation
The stakes are too high to represent yourself on a probation violation. For a free case evaluation relating to your probation violation or any new crime, call (800) 461-6900 or contact us online today.
