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 Hearing is a court hearing in front of a judge, when your probation officer finds you in violation of your probation. This violation could be for any number of reasons, including:
- 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.
- Failing any other condition of your probation.
What Happens at a Probation Surrender Hearing
This will be 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 at your Probation Surrender. As your attorney, we 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.
Call The Law Offices of Elliot Savitz & Scott Bradley Now!
We will suggest some defenses we can argue that are specific to the facts of your particular case. Our attorneys have handled hundreds of these cases successfully, and there is a good chance we can help you too. Call us today at, (781) 974-3429.
“Thank you for representing me in court. Everything worked out for the better. I have been attending all my AA meetings, consulting at Catholic Charities and meeting with my probation officer. I haven’t had a drink since the day I went to court and everything is great at home.”
“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.”
“Dear Mr Savitz, Thank you so much for all your hard work, as well as your persistence on my case. I really appreciate your sensitivity in dealing with me on this matter. I feel good about the outcome of my case and am grateful to you for resolving it quickly.”
“We were absolutely astonished and very grateful for how Elliot handled our son’s case and would highly recommend him to anyone who is in need of legal council!”
“I’m sitting here thinking about what a remarkable victory you pulled off. I just had to let you know that it was an outstanding victory. Well done.”
“Dear Elliot, People are not immune to the ‘fortune’ in their life. The bright side is that someone is out there to save them. You are the person saving my fate. You represent ‘integrity and justice.’ You are the best lawyer on earth.”
“I really wanted to thank you so much. I cannot thank you enough. You were always there to fulfill whatever was required by the court.”
“I cannot begin to tell you how much I’ve appreciated your most sincere guidance & support. This has been one of the most difficult years we’ve been through with our son. We could not have hoped for a more positive outcome.”
“Dear Elliot, Just a short note filled with heartfelt thanks for your help and support in my defense during my court appearance. I can’t begin to express how grateful I am knowing this foolish incident and its aftermath is finally over. Thank again, so very much.”
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If you are facing a probation violation, call The Law Offices of Elliot Savitz & Scott Bradley, at (781) 974-3429.
We are available 24/7 and can quickly determine your best course of action for your Probation Surrender Hearing.
ATTORNEY-CLIENT PRIVILEGE protects your conversation, so you can be open and honest with us whatever the charge or charges. Our Attorneys; Savitz & Bradley are genuinely committed to protecting your rights and will always act in your best interest.