Probation Violation Hearings
Brockton Defense Attorneys for Probation Violators
Our knowledgeable and experienced Massachusetts Probation Surrender Attorney at The Law Offices of Gerald J. Noonan is available to assist clients throughout Massachusetts and the Greater Boston area including South Boston, Brockton, Cambridge, Somerville, Quincy, New Bedford, Taunton, Attleboro, Lowell, Woburn, Medford, Waltham, Wareham, Lynn, Lawrence, Wrentham, Dedham, Salem, Fall River, Brookline, Chelsea, Worcester, Framingham, Everett, Revere, Dorchester and Roxbury and all smaller cities and rural areas in Massachusetts.
If someone has violated their probation they will likely have to undergo the probation surrender process. A probation surrender is a formal administrative hearing that occurs when a defendant placed on either supervised or unsupervised probation is accused by the probation department or probation officer of violating the terms and conditions of his or her probation. If there is going to be a probation surrender the probation department will notify the probationer by mailing a letter to the probationer. The letter will provide a description of the alleged violation along with an order requiring the probationer to appear for a formal hearing at a specific time and date. A defendant has a right to have an attorney present at the probation surrender hearing.
The First Surrender Hearing
The probation surrender process is divided into two separate hearings. At the first hearing the accused is brought in front of the court and read the alleged violations. The probation officer will then provide the judge with the circumstances of the probation and how he believes the probationer violated his or her probation. After hearing from the probation officer the judge will then rule on whether or not the probationer has violated his or her probation. The judge must find probable cause to believe the probationer violated his or her probation. If the probationer is found in violation of his or her probation the next thing the judge has to determined is whether to release the probationer or jail the probationer until the second and final surrender hearing has been resolved. If the judge believes the probationer is a danger then he or she will likely be jailed until the second hearing.
The Second Surrender Hearing
The second hearing is like a mini trial. The probation officer will play the role of a prosecutor by presenting witnesses that will testify about how the probationer violated his or her probation. The attorney will have the opportunity to cross-examine the probation officer’s witnesses. The defense attorney will also be able to present witnesses of his own. If it’s clear from the beginning that the probationer violated his or her probation then the attorney might spend more time addressing the potential punishment in an attempt to minimize the conditions of the probationer’s punishment.
The judge doesn’t need much to find the accused violated his or her probation. That’s why it’s important to realize the effect a good attorney can have on the outcome of a surrender hearing. Prior to the hearing a good attorney will try to reach an agreement with the probation officer about the nature and extent of any punishment. However, the judge is the final decision maker and he is ultimately the one that has to approve the recommendation the attorney and the probation officer present to the court. Our reputable attorneys are well-respected in the local legal community. Our attorneys have developed relationships with the local probation officers and are positioned to advocate in your best interests.
Examples of probation violations that can lead to formal hearing are:
- Failure to pay a fine;
- Failure to complete rehabilitation program;
- Failure to complete community service;
- Failure to make a court appearance;
- Keeping company with convicted felons;
- Failure to report to a probation officer;
- Failing a drug test; and
- Getting charged with a crime.
Some of the consequences that may result if the probationer is found to have violated the terms of his or her probation:
- Jail Time;
- Added terms to probation;
- Suspended sentence imposed;
- Added community service; and/or
- Treatment and education programs.
Call Our Defense Law Offices Today For A Free Initial Consultation
If you violated probation, you need an attorney who understands the system, can advise you of your rights, and help you through the surrender hearing process. We offer a free, confidential, no-obligation consultation. To learn more about your rights, legal options, and take your first step toward helping yourself, call our law offices today at (508) 588-0422 or use our Free Case Evaluation Form to contact via email.
As a criminal defense attorney alone, Gerald J. Noonan has successfully handled more than 340 criminal trials. Attorney Noonan knows the legal strategies and tactics both law enforcement and district attorneys use when trying to get criminal convictions. He has criminal trial experience on both sides of a criminal case, which is invaluable when you are looking for an attorney to represent you in any legal matter including probation hearings.
No matter where you are located, we are just a phone call away. Call us to schedule a free no-obligation case review and consultation at (508) 588-0422 and you will have taken your first step to find out how best to confront this important matter. You can also click here to use our Free Case Evaluation Form.