Here in Massachusetts, criminal cases often get resolved with the defendant going on probation. A defendant on probation remains at liberty, but it is a supervised liberty with conditions ordered by a judge. Such conditions can include things like meeting with a probation officer, avoiding new criminal charges, completing required programs, passing drug or alcohol tests, paying court-ordered fees, and obeying travel restrictions. A probation violation occurs when a probationer fails to follow their conditions.
Every Massachusetts court has a office responsible for supervising people who are on probation. If the probation office believes that you violated the terms of your probation, typically they will issue a notice identifying the alleged violation. There will be an initial hearing, where a judge determines whether there is probable cause to believe you violated your probation. The judge will also decide whether you should be in custody until the next hearing. The court will then schedule a “final surrender hearing,” where a judge will make the ultimate determination as to whether you violated probation. If a judge finds there was a violation, the outcome can vary. The judge may extend the length of probation, add stricter conditions, or revoke probation entirely and impose a prison sentence.
Because probation affects a person’s freedom, individuals on probation are entitled to due process. This includes receiving a notice of any alleged violation, having the right to an attorney, and the opportunity to present evidence, call witnesses, and challenge the evidence of a violation.
At the “final surrender hearing,” you do not have to wave a white flag and surrender. However, you will have two choices. One is to deny that you violated your probation, and fight the case. You will need to go to court prepared with as much evidence and witnesses as you can bring. The other choice is to stipulate (meaning to say, admit) that you violated probation, then argue as to what the judge should do. This can be an effective strategy, but there is one danger you need to know about. Once a probationer stipulates to violating their probation, they cannot take it back. If the judge then sentences you to jail, you don’t get to change your mind and say you now want to fight the allegation of violating probation.
Understanding your obligations and responding quickly to a violation notice can make a significant difference in protecting your rights and future. If you are on probation in Massachusetts and have questions, feel free to contact me at 617-935-7657 or attypetercole@gmail.com.
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