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Massachusetts Probation Violation Hearings

What is a probation violation hearing?

A probation violation hearing in Massachusetts 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.

What are types of violations of probation?

  • Being charged with a new criminal offense on probation;
  • failing to abide by conditions of probation such as alcohol treatment, drug treatment, or completion of a certified batterer's program or anger management program
  • failing to complete any other program ordered by the court.
  • Failing to appear in court, to report to probation for to pay money owed to the court or to the victim in the case.

Being held without bail pending probation violation hearing: 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.

Court process in probation violation hearings: 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 Massachusetts criminal 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. Call 508-455-4755 or call 7816865924 to have your questions about probation violation hearings answered.

Client Reviews
Michael was very professional and explained the process clearly and told us to be patient. After one year the charges got dismissed in the trial. Excellent knowledge of the court systems in the area of Boston. Would highly recommend him Ashwani
A careless decision on my part left me facing charges which would have severely hampered my ability to stay employed and support myself. But attorney DelSignore's skillful analysis and challenging of the evidence against me resulted in a conviction on a lesser charge. Now I'll be able to go on with my life, having learned a lesson I'll never forget. Thank you, Michael. Scott
Mike stuck with my case for 3.5 years and always kept me informed regarding the status. Ultimately, because of his due diligence, we ended up with an OUI not guilty verdict. This case could have gone many ways but his thorough review of the case and exceptional preparedness for trial ultimately drove a positive outcome. Thank you Mike! David
Michael DelSignore did an amazing job with my case! He was always available to answer any questions I had and helped walked me through the entire process. I could not have done it without them! I highly recommend choosing this law firm to deal with your legal needs, you will not be dissatisfied. Ashley
I cannot express the gratitude towards Michael for his amazing work and help. It was a very stressful event and they certainly put me at as much ease as possible. From start to finish it took 14 months and all the way through they were both very engaged with me. Today was worth the wait, Michael was great in court and I was rightfully found not guilty. I would recommend Michael over and over again. Claire