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Probation Violations

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Cambridge Probation Violation Lawyer

For the past 18 years, the Mahoney Criminal Defense Group has been successfully defending those accused of violating their probation, persuading Massachusetts District Court and Superior Court judges not to find the probationer in violation of his probationary terms, or to modify the terms of probation, rather than incarcerate the probationer. In more than a few instances, we have persuaded a judge to terminate probation altogether, even after the court found the probationer to have violated his probation. If you are being accused of violating your probation, call us at 617-492-0055 to arrange a free consultation with us.

Conditions of Probation

A Massachusetts court, as part of a continuance without a finding, guilty plea, or guilty finding, may impose a period of probation to be “served” following a defendant’s completion of his sentence or in lieu of incarceration.

In Massachusetts, probation may be unsupervised or supervised by a probation officer. If supervised, it usually includes conditions that the probationer must abide by to complete his supervision. Conditions may include:

  • Reporting to the probation officer.
  • “Stay away” orders, either from a place or from the victim.
  • Notifying the court of any change in residence.
  • Paying restitution.
  • Paying court imposed statutory fees, “court costs,” or probation supervision fees.
  • Community service.
  • Abstaining from alcohol or illegal drugs.
  • Submitting to random drug and alcohol testing.
  • Participating in AA or NA or completing alcohol or drug counseling.
  • Maintaining employment or making reasonable efforts to secure employment.
  • Making reasonable efforts to pay child support.
  • Not leaving the Commonwealth without the permission of the court.
  • Abiding by restraining orders.
  • Abiding by all state and federal laws.

Most Massachusetts probation officers require probationers to sign a contract listing the probation conditions. This contract is designed to provide the probationer with adequate notice of the conditions of probation and to prevent the probationer from claiming he was unaware of the conditions of probation if he fails to complete them.

Violations of Probation

A probationer may find himself facing a probation revocation or surrender hearing if he is accused, either by his probation officer or the police, of violating the terms of his probation. A probationer may be considered in violation if a court issues a restraining order against him.

Procedure

Before a probationer is “violated,” he is entitled to written notice of the probation officer’s intent to ask the court to find him in violation of the terms of his probation. This notice must identify the violation, as well as the date, time and place of the hearing. The probationer is entitled to seven days notice and the hearing is usually scheduled within 30 days of the alleged violation.  At this initial hearing, the court formally notifies the probationer of the alleged violation, makes a preliminary determination of the necessity of holding a full hearing on the alleged violation, and, if it deems a surrender hearing necessary, decides whether or not to jail the probationer pending the outcome of the surrender hearing. Other than the final determination on the violation itself, the court’s decision on whether or not to hold the probationer until the final surrender hearing may prove critical to defending the probationer for the following reasons:

  1. Once a court incarcerates a probationer, it is far more likely to find him in violation of probation and to sentence him to a term of incarceration;
  2. If the probationer is not held, he may be able to mitigate the violation by, for example, paying overdue fees or restitution, attending AA, or completing other outstanding conditions; and,
  3. A probationer will be able to provide greater assistance to his lawyer, and therefore to himself, if he is free, rather than incarcerated.

At the final hearing on the probation surrender, the court determines whether the probationer has violated the terms of his probation and, should the court find such a violation, choose whether to:

  1. Simply note the violation and allow the probationer the opportunity to complete the original terms of probation;
  2. Modify the terms of probation by either adding conditions or extending the term of probation;
  3. Terminate probation altogether, especially if the probationer is found to be in substantial compliance with the majority of its terms;
  4. Declare the probationer in violation of probation, revoke probation, and impose a suspended sentence or a period of incarceration authorized by the statute that the probationer had been convicted of violating.

Contact a Massachusetts Probation Violation Attorney

To schedule in a free in-office consultation with Attorney Kevin J. Mahoney, call 617-492-0055.

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Testimonials

  • NS, a DUI client,about 1 month ago

    Attorney Mahoney,

    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

    Thank Amy for me too! She is a great asset to have in your office! Very pleasant and understanding.

    Again thank you and go Celtics!
     

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  • about 1 month ago

    Kevin Mahoney recently represented me in a case for destruction of property and disorderly conduct. He was extremely thorough and persistent, and despite a great deal of evidence against me, he managed to get the felony charge dropped without having to go to trial.

    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

    He listened to my specific needs and always acted in my best interest. His knowledge, attention to detail, and general courtroom presence continued to amaze me throughout the entire process.
     

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  • M.K.about 1 month ago

    Dear Attorney Mahoney:

    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

    In addition, I ‘m looking forward to viewing the Jello Trial on Court T.V. Let me thank you once again.

     

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  • about 1 month ago

    Attorney Mahoney,

    Is very knowledgeable and very professional. He has just represented me in a case lasting a year and a half, and he made sure I got a fair trial with a fair jury. He kept me well informed about what would be happening in the court room and always had a well thought out defense for any route of attack the D.A. would be planning on.

    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

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The Title IX Sexual Harassment Handbook

"Attorney Mahoney is currently authoring an authoritative and strategy driven compendium on investigating and defending Title IX sexual assault cases for lawyers, students, and universities. The book will be available through James Publishing within months."

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