When an individual commits a crime, sometimes a judge will allowed that individual to serve a term of probation rather than, or in conjunction with, jail time and fines. Probation refers to the time period during which an individual must comply with certain conditions or face punishment. That punishment can be for both the underlying crime that led to the probation term in the first instance, or for whatever act constituted the violation of probation itself, if that act constitutes a criminal offense.
If a defendant is convicted of a criminal offense, he or she may be ordered to pay fines, participate in community service, be placed under probation, or perform other conciliatory tasks for his or her actions. If you have been placed on probation and have violated the order call our experienced Boston Criminal defense lawyers for a free consultation. Our Criminal Defense Lawyers atAltman and Altman, LLP have assisted and resolved many cases where a defendant has appeared to violate his or her probation.
Probation is the releasing of someone who is convicted of a criminal offense into the general public but under the supervision of a probation officer. The conditions that the defendant may be ordered to abide by when placed under probation can be many in number and complex in nature.
In you are placed on probation as an alternative disposition to jail time, and you are arrested for another offense while serving your probation term, or if you receive a notice in the mail requiring you to report for a probation violation hearing, different rules and procedures apply to determining whether you have violated your probation than at a regular criminal trial. First, the probation department will request a probation violation hearing, at which they may ask that you be held pending the determination of your probation violation. The probation officer must establish probable cause that you violated your probation, and then the judge has discretion to order detention.
Next, a surrender hearing will be scheduled, which is a full evidentiary hearing on whether your probation was violated. The probation officer only has to prove the violation to a preponderance of the evidence, rather than beyond a reasonable doubt. This is a considerably lower standard, and makes it much easier for the probation department to prove a probation violation. Essentially, it requires the probation officer to prove that it is more likely than not that you committed the violation.
The Greater Boston Probation Violation Lawyers at Altman & Altman realize that in today’s increasingly fast-paced and demanding society, it may be difficult to meet each and every condition, which leaves defendants highly susceptible to violating their probation guidelines.
If you have been charged with a probation violation, you will be scheduled to attend a probation violation hearing and will be considered for further punishment or, in worse cases, imprisonment. Our team of Boston Criminal Lawyers at Altman and Altman LLP is composed of highly experienced trial attorneys who can assist you by representing you in court - whether you have been correctly or incorrectly convicted of your offense. Our attorneys will always strive to get you the best outcome possible, which is to ultimately resolve you from your probation violation, with conditions that best serve your interests. Call our experienced Criminal defense lawyers 617.492.3000 for a free case evaluation or email us. Our attorneys are available by Phone and/or Email twenty four hours a day, seven days a week.