A probation violation hearing is a hearing requested by the probation department alleging that you violated the terms of your probation. When a defendant accepts a plea agreement to a criminal charge, in some cases, the defendant will be placed on probation, meaning that the defendant agrees to certain conditions in exchange for resolving the case prior to trial. When a defendant on probation receives new criminal charges while on probation, or fails to comply with conditions of probation such as complete alcohol education courses, remain drug and alcohol free, pay money, complete an anger management or batter's program or report to probation when directed, often the probation department will charge the defendant with violating the terms and conditions of probation. This will result in the probationer being sent a notice of violation.

At the initial hearing date, the probation department may request a detention, meaning the probation department may request that the defendant be detained prior to a full hearing on the issue of whether the defendant violated his or her terms of probation. In cases where probation is seeking a preliminary detention, there will be an argument before the judge as to whether there is probable cause to believe a violation occurred and whether the judge should exercise his or her discretion to detain a probationer prior to a full evidentiary hearing.

After the preliminary hearing, the probation detention or surrender matter will be set down for a final hearing. A probationer is entitled to an evidentiary hearing as to whether there was a violation of probation. A criminal defense attorney will speak to probation to determine what probation will recommend to the court as a sanction for the violation of probation. The sanction for a probation violation could include jail time, up to the statutory maximum penalties, a modification of probation or extension of probation. Most judges will accept an agreed recommendation between probation and defense counsel and adopt that as the recommendation of the court.

Attorney DelSignore represents individuals on probation violation hearings throughout Massachusetts and will explain to you the process of a violation hearing and will provide you with a free consultation to discuss your case.