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Representing Clients In Violation Hearings
If you are on probation, you are expected to be in compliance with all of the terms of your probation. By complying with these rules, the state is allowing you to avoid a jail sentence. The courts see granting probation as an act of kindness on their part, so any violation will not be taken lightly.
At Toland Law, LLC, we have a reputation for success and have advised many clients in the past that were facing violations hearings.
Here are some common questions we have been asked:
- What is the court process when you violate probation?
- What can cause a probation violation?
- What are the penalties for probation violation?
What Is The Court Process When You Violate Probation?
When you are accused of violating probation, you will have two hearings. The first hearing is the initial surrender hearing, where you be formally notified of your charges. During this hearing, the surrender notice will be summarized to the judge by your probation officer.
The judge will then decide if there is probable cause that shows that you violated a term of your probation. Also, at this hearing, it will be determined whether or not you will go to jail without bail until your final surrender hearing. If it is decided that you will be held, you will be then be taken into custody at the end of the initial surrender hearing.
At the final surrender hearing, your probation office may have witnesses present to testify against you. During this time, your lawyer can cross-examine those witnesses and may have witnesses present to testify on your behalf. If it is obvious that you violated probation, the hearing may focus on punishment.
What Can Cause A Probation Violation?
The reasons for being charged with a probation violation can vary, but here are some common acts that result in a violation:
- Failure to report to your probation officer
- Failure to pay fines and fees for court, probation and more
- Failing drug or alcohol tests
- Failure to complete community service
- Being in association with people you are not supposed to, especially if you are on probation due to a domestic violence incident or any other crime that involves a victim
- Being convicted of a new crime
- Being arrested for a new offense, even if you are never charged for the crime or are eventually acquitted.
What Are The Penalties For A VOP?
In the state of Massachusetts, the penalties for violating probation can depend on the specific circumstances of the case including the reason for the violation, the extent of your criminal record, if you are facing charges for any additional offenses, and more. A judge may decide that you need to serve your original sentence or even add extra time due to your violation.
Speak With One Of The Top Probation Violation Hearings Law Firms In Boston, Ma
If you have violated the terms of your probation, you need to contact a qualified criminal defense lawyer as soon as possible. At Toland Law, LLC, we offer skilled and attentive legal services to our clients and will do whatever it takes to protect their freedom.To learn more about your legal options and how we can aggressively defend your rights, schedule a consultation with the law firm of Toland Law, LLC.
Contact our office by phone at (781) 819-3647 or feel free to fill out the contact form on our website.
