of Mind When You
Need It Most.
As you can guess, an accusation that you have violated the terms of your probation must be taken seriously. It can be as or more serious than confronting the initial charges, and you will have fewer rights than you did in the initial case. It is essential to call an attorney immediately. Do not necessarily call your probation officer or rely on your probation officer to look after your best interests.
When you were put on probation, you were required to sign a contract that had any number of conditions. If your probation officer is alerted to an alleged violation of any one of those conditions, he or she will file a notice that will require you to appear in court. This is called a “surrender notice,” and the hearing is called a “probation surrender hearing.” You will usually be notified about date and time of the hearing and nature of the accusation through the mail (sent to your last known address). Once at the hearing, the judge will ascertain whether there is probable cause (a very low standard) to believe that the accusation is true. At a later hearing known as the final probation surrender hearing, the judge might turn his attention to what your punishment should be. You have a right to have a lawyer present at every stage of probation surrender. There will be opportunities for direct and cross examination of witnesses during probation surrender hearings. Hearsay testimony can be admissible at them.
If you have been accused of violating the terms of your probation, call a lawyer at your first chance. You could be facing some serious punishments, and having a good lawyer is necessary to protecting your rights. The criminal defense attorneys of Altman & Altman LLP, a Cambridge, Massachusetts law firm, are prepared to help you through this and get the best outcome for you. We have many years of experience that we would like to put to work for you. Call us toll free at 617.492.3000 or 800.481.6199. We are available to speak with you 24 hours a day, 7 days a week. Do not flinch when the stakes are this high. Call us now.