If you are charged with Violation of Probation, you need to consult with a Massachusetts attorney who specializes in defending people on probation, immediately!
A Probation Surrender is a court hearing in front of a judge when your probation officer finds you in violation of your probation for any number of reasons, including among others:
• Failure to notify a change of address,
• Failing a drug test,
• Arrested in another jurisdiction,
• Staying out beyond a curfew,
• Being charged with any other crime, or
• Failing any other condition of your probation.
What happens at your Probation Surrender hearing is up to the discretion of the judge. However, if you only received a suspended sentence when your original case was disposed of and the judge finds that you violated your probation, then the judge is bound to incarcerate you. Nonetheless, you are always entitled to a probation hearing to defend yourself against any probation violation. You are in jeopardy of going to jail on the probation violation, regardless of the severity of the charges.
It is so very important that you are represented by an experienced criminal defense attorney, like myself, at your Probation Surrender. I may argue that justice is not served by further punishing you while you are trying to turn your life around, and may have inadvertently made a mistake during your probation.
Typical Probation Supervision Requirements/Guidelines
• You may be required to report to your probation officer up to once per week, in person, and verification of your residence and employment is required.
• An order of remaining drug and/or alcohol free may be enforced by random testing, usually done at the courthouse.
• Any positive drug or alcohol test will result in corrective action by your probation officer, which may involve a Probation Surrender before the court.
• Any failure to be tested as directed is treated as a positive test.
• You may be confined to your home, except for work and medical and legal appointments.
• You may not be allowed to leave the state without a travel permit from the court.
• You will be charged a monthly probation supervision fee or a designated number of hours of community service.
• Court ordered programs such as Driver Education (for OUI), substance abuse counseling, Batterer’s Program, Sex Offender Counseling, Anger Management, YSO and others all involve probationer paid fees and vary in length. Your probation officer cannot excuse you from paying any fees, and failure to complete any program and to pay costs constitutes a violation of probation.
• Missed program sessions also constitute a violation of probation, for which you may be surrendered to the court.
• A violation of any “stay away or no contact” order may result in a very serious additional charge.
“I wanted to thank you again. I’m at the end of my probation period. I could not have done it without you. You were such a great support. I just want to let you know I appreciated everything you did. Thank you.”
I will suggest some defenses we can argue that are specific to the facts of your particular case. I’ve handled lots of these cases successfully, and there is a good chance I can help you, too.
Get in Touch with Attorney Elliot Savitz Now
Speak directly to Elliot by calling (781) 326-2700 for a free consultation or fill out the form below.