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.

Courtroom Etiquette

First impressions are important, especially when it comes from those around you at your arraignment or trial. It is critical that you understand that your appearance and demeanor in the courtroom are just as influential as the evidence presented. Everyone from the probation officer, the prosecutor, the judge, and especially the jurors will all be taking notice of you while determining your fate.

There are some definite do's and don'ts when it comes to courtroom attire. Your fashion faux pas here won't land you on a worst dressed list, it could land you with a harsher fine or jail time. When dressing for court, think conservatively. Appropriate court attire for women includes a skirt or slacks and a blouse or a dress. Refrain from wearing anything revealing or tight. A closed-toe, low heeled shoe is appropriate. Avoid wearing flashy jewelry. Dress as if you were going to a job interview.

When appearing in court, look well-groomed and professional. Men should wear a suit, if possible. Slacks and a collared shirt will do if you don’t own a suit. Make sure that any visible tattoos are hidden and remove all facial jewelry, this applies to men and women. Unless you’re already in custody and won’t have the opportunity to change, dressing appropriately is important. 

It is imperative that you arrive early to all court dates, 30 minutes early is a good amount of time. By allowing yourself ample time, should an unforeseen situation arise, such as traffic, you will not risk being late. Giving yourself additional time also allows you to become familiar with your surroundings, find parking, and ask me any last minute questions.

Leave your cell phone at home or in your vehicle. This prevents the risk of it accidentally ringing during court. Texting, taking phone calls, taking pictures, or recording is not permitted.

While in court, only speak and respond when asked. When answering a question by the judge, address them as Sir, Ma’am, or Your Honor. Speak in a loud, clear tone and avoid lengthy responses. Be polite. When someone is speaking, do not laugh, sigh, roll your eyes, or make any other noises or gestures. Being in the right frame of mind and being well mannered will show the judge your respect for the court.

The series of court dates you will endure should be treated as the most important thing in your life. It can be the difference between probation and spending years behind bars. If you are unsure if certain dress items or conduct is unacceptable, consult me first. When in doubt, refrain. As your Massachusetts Criminal Defense Attorney, I want to ensure that you receive the best possible outcome during your case. This involves you being a well informed, well prepared, and a well groomed defendant.