If you're on probation and you violate the terms of your agreement,
then you may be in serious trouble. Courts are very strict with probation
violations, and may even require you to serve your original sentence.
While your probation officer may let you off with a mere warning, they
may also make you appear for a hearing.
Fortunately, you still have the same rights at a hearing as you would at
a criminal trial, including:
- Receiving a written notice of the violation that the officer claims you committed
- Representation by an attorney
- Impartial hearing
- Presenting witnesses and evidence to support your case
It is important to note, however, that the judge has more discretion on
imposing jailing sentences, fines, and other penalties that he or she
deems appropriate than in a criminal case. In addition, the probation
officer only has to show that you violated your probation based on a "preponderance
of evidence", meaning that you more likely than not, violated the
terms. In a criminal case, the prosecution must show that you committed
the crime "beyond a reasonable doubt".
How do I violate the terms of my probation?
Every probation order is different, yet some common violations include:
- Not showing up to a schedule appointment with the hearing officer or a
- Traveling outside your allowed radius
- Drinking alcohol or engaging in drug-use
- Committing another crime or infraction
- Not paying fines or court fees
- Not going to your community service or attending classes
- Not wearing an electronic monitoring device
- Didn't take an ordered drug test
What should I do now?
To make sure that you have a tough defense strategy for your probation
violation, call South Shore Criminal Defense for experienced representation.
Their attorneys have handled thousands of cases and have extensive knowledge
of the Massachusetts legal system.
Call the firm's office today to schedule your free consultation, before it's too late!