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Probation violation hearings

Are you or a loved one currently on probation on a criminal case in Massachusetts?

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What is a Probation Violation Hearing?

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Rule 6 of the Massachusetts Rules of District Court governs the procedure for probation violation hearings. 

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When a person is placed  on criminal probation, he or she agrees to abide by a set of probationary terms for a preset amount of time. The most basic term is that the probationer's agreement to not be arrested for any new criminal offenses while on probation. In addition, the client may have originally agreed to any variety of other terms, such as:

  • Random or multi-daily drug and alcohol testing.

  • Compliance with certain treatment or rehabilitation.

  • Complete specific court supervised courses.

  • Undergo mental health or substance abuse evaluations. 

  • Regularly check in with your assigned probation officer.

  • Complete community service.

  • Remain equipped with a GPS monitoring device. 

  • Stay away and have no contact with certain witnesses in the case. 

  • Pay all applicable court fees.

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You've been on probation for a certain period of time, and now, your probation officer is alleging that you failed to comply with one or more of the agreed terms. The probation department has to notify you of the violation and you have a right to "contest" or combat the allegations before a judge. The probation department has to provide you with all of their evidence that they intend to use at the hearing. This means that you are faced with the choice of admitting to violating your probation or to ask for a contested hearing to challenge the probation department. 

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In deciding whether to contest the probation violation allegations, your attorney can work directly with the probation officer to determine what kind of sanction they are seeking. A probation officer has a range of possible recommendations, which can be as lenient as terminating the probation regardless of the violation, but as devastating as being sent to jail. If you do decide to challenge the hearing, the probation department may utilize an Assistant District Attorney to assist with presenting evidence, despite the fact that the DA is not a party to the proceedings. A contested hearing will go in front of a judge, who must decide by a "preponderance of the evidence" standard if you violated your probation. 

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Given the scope of all possible outcomes that stem from a probation violation hearing, it is crucial that you consult an attorney before fighting against the probation department. 

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How Attorney Chin can help

Protecting your probationer rights

If the probation department is claiming that you violated the terms of your probation, you have every opportunity to defend yourself and combat the accusations. A formal violation can result in you being sent to jail. Alternatively, the judge could add strenuous and costly probation terms or extend your probation all together. 

Attorney Matthew Chin has  experience handling these violation hearings and achieving effective results for his clients. You want to guarantee that you have effective representation so that your hard work on probation to this point isn't wasted. Attorney Chin is experienced with advocating for his clients and presenting their probation history in the most favorable light. 

Probation violation hearings can be complicated. Some violations are very technical and can be mitigated by effective legal counsel. Attorney Chin will walk you through each alleged violation step-by-step and explain the strengths and weaknesses within the evidence. At the time of the violation hearing, you will feel amply prepared to defend yourself alongside Attorney Chin and to achieve the best possible outcome for your future.

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