What Happens if I Violate My Probation?

With over 80,000 individuals on probation in Massachusetts alone, the main goal of the probation system is to keep individuals safe and provide those that are on probation with the tools they need to rehabilitate their lives.

Roughly 30% of individuals that are on probation are reincarcerated within three years of being released into the community.*

What Activities Violate Probation?

There are several circumstances that violate the terms of probation. They include:

  1. Failing to report to your probation officer as required by the terms of your probation.
  2. Failing to pay required court fees, fines, and/or restitution.
  3. Failing a drug or alcohol test if the terms of your probation include refraining from drugs or alcohol.
  4. Staying away from individuals from incidents that you may have been involved in.
  5. Being arrested or convicted of another crime while being on probation.

What Do I Do if I Receive a Surrender Notice?

If you have received a notice to appear after violating your probation, immediately contact our team at Urbelis Law to find out next and what your options are.

Depending on the circumstance, the probation officer may request you to be placed in jail until the surrender healing, without bond. You will then go before a judge and the probation officer will present the allegations against you before the judge makes a final determination.

If there is probable cause to show that you violated your probation, a final surrender hearing will be scheduled where witnesses will be called, and evidence will be brought forward. All witnesses will have the opportunity to be cross-examined.

Your defense attorney might also recommend stipulating the violation if it is in your best interested to do so. This can be a way to avoid returning to prison.

What Happens if the Judge Determines I Violated the Terms of My Violation?

If the judge determines you have violated the terms of your probation, the judge might allow you to continue your probation under stricter rules and violations. The worst-case scenario would be having to return to prison to serve out your sentence.

To ensure you have the best chance in your surrender healing, contact our team at Urbelis Law at (617) 830-2188.

*https://www.mass.gov/doc/three-year-recidivism-rates-2014-release-cohort/download

 

Leave a Reply

Your email address will not be published. Required fields are marked *