Violating Probation

In Massachusetts, if you are put on Probation, the Court will make you sign a contract outlining the terms and conditions of your Probationary Period. Examples may include counseling, anger management, Batterer’s Program, reporting to a Probation Officer, paying court fees, and remaining drug and alcohol free, with random screenings.

While you are on Probation you will have to abstain from picking up any new criminal charges. If you do pickup new criminal charges, your Probation Officer will almost assuredly serve you with a Violation Notice of your Probation. Once you are served with a Violation Notice, you will subsequently have an Initial Probation Hearing.

At the Initial Probation Hearing, your Probation Officer will decide whether or not to ask for the Judge to find Probable Cause that you committed a new criminal offense and whether to detain you or not. An experienced Criminal Defense Attorney can usually negotiate with the Probation Officer and maybe change his or her mind about asking for the initial detention period and thereby saving you up to 30 days of incarceration.

Even if the Probation Officer wants to detain you pending a Final Surrender Hearing, your Attorney can persuade the Judge hearing the case that detention is not appropriate and have you released until your Final Surrender Hearing.