Probation Violation Attorneys in Boston MA
Your best probation violation attorneys in Boston, MA, are ready to fight for you. Skilled criminal defense lawyers at Leon & Davis have a strong record of success representing clients accused of violating probation.
Probation Violation Laws in Massachusetts
Probation violation in Massachusetts can have serious consequences, including serving your original jail sentence. Besides that, the judge might impose a stricter probationary terms, fines and fees, or even more jail time. In addition, a probation violation on your record can make it harder to secure a job or housing. If you are facing probation violation charges, do not navigate the legal system alone. Probation violation attorneys in Boston MA are experienced in representing clients accused of violating probations in Massachusetts. A probation violation lawyer can help protect your rights and fight for the best possible outcome in your case.
What You Need to Know About Probation Violation Defense in Massachusetts.
A person may receive a probationary term as part of their sentence in a criminal case. Probation essentially means that you will not be incarcerated as long as you meet certain conditions. You must comply with your court-ordered terms for the period of time that you are on probation. This probationary term is administered by the probation department. You will likely be assigned a probation officer who will supervise your compliance. It is not unusual for probationary terms to be many years in length. In many cases, the terms and conditions of probation are stringent and time-consuming. For example, you may be required to pay fines and fees, complete community service, attend mandatory psychological or substance abuse treatment, or be subject to random drug and alcohol testing. The court can generally impose any condition of probation that it deems reasonably related to the criminal conduct in the case. The case will end once the probationary term is complete and you have successfully complied with all its conditions.
Probation Violation Notices
Probation violation notices are frequently issued to probationers. You can be violated for something as minor as forgetting to check-in with your probation officer or failing to pay court costs on time. Other violations may include a probationer failing to participate in court-ordered treatment programs, failing to appear for mandatory random drug screens, or testing positive on those screens. The most serious violations occur when the probation department can prove that the probationer has engaged in new criminal conduct which resulted in new charges issuing against them during the term of probation.
Initial Surrender Hearing
If the probation department believes that you have violated probation, you will receive probation violation notice. The case will be scheduled for an initial surrender hearing to be addressed in court. Your alleged violations of probation will then be reviewed by the court. The court will determine whether there is probable cause to believe you committed a violation. If so, the court will decide whether you will be released or detained in custody until your final surrender hearing. If the court finds probable cause to believe a probation violation has occurred, the case will be scheduled for a final surrender hearing. There, the court will determine whether you violated your probation and if so, what the punishment will be.
Stipulation To Violation
A probationer has the right to stipulate to a violation of probation and essentially admit that they violated the terms of their probation. A stipulation to a violation can be used to negotiate a favorable resolution. If your probation officer agrees to recommend a specific disposition to the court at the final surrender hearing in exchange for a stipulation. If a stipulation is accepted by the court, the judge will then determine what punishment the probationer will receive for the violation. The judge is not bound by any agreement. However, a judge often gives considerable weight to the recommendation of the probation department when determining an appropriate disposition.
Final Surrender Hearing
In the absence of a stipulation, the issue of whether a violation occurred is contested at the final surrender hearing. The probation department can submit police reports and other documentary evidence as well as the testimony of live witnesses to prove the probation violation. The probation department can even use hearsay evidence under certain conditions. At the hearing, your probation violation attorneys will have the right to question any witnesses called by probation. Your probation violation lawyer will present evidence on your behalf, and make an argument to the court as to why you should not be found in violation of probation.
Probation Violation Sentencing
Judges have significant discretion in sentencing once you are found in violation of probation. If the court finds that you violated your probation, then the judge could revoke your probation and sentence you to a lengthy prison term. A judge could decide to continue your probation until the original termination date or extend it. A judge could also impose additional conditions of probation. Those can include GPS monitoring or mandatory participation at a treatment program. Even if you are found in violation of probation, your probation violation attorney may be able to persuade the judge to terminate probation. In that case, the judge may discharge you from the court without further punishment.
Why Do You Need a Probation Violation Lawyer in Massachusetts?
As a probationer, you are deemed to have fewer constitutional rights and protections in comparison to a criminal defendant who has not been convicted or admitted to the charges against them. You do not have a right to a jury trial and the violation hearing is conducted before a judge. The judge will use a preponderance of the evidence standard to determine whether you violated your probation. This burden of proof is lower than the standard of proof required for conviction at a criminal trial. In fact, you can be found in violation of probation by a judge even if you were acquitted at a trial based on the same evidence. You could be sentenced to decades in prison if you are on probation for a serious offense and you are found in violation. Hiring an experienced probation violation lawyer can mean the difference between walking out of court and being sent to prison.
Leon & Davis - Probation Violation Attoneys in Boston MA
Leon & Davis’ probation violation attorneys in Boston MA have won many probation violation cases all across Massachusetts. We often have the alleged probation violation dismissed prior to the hearing. In other cases, we win the surrender hearing by persuading the judge that our client did not violate probation. Contact us for a free consultation and to discuss how we can help in your probation violation case in Massachusetts.