Massachusetts Probation Violation Attorneys &
Probation Surrender Hearing Law Firm

After a defendant is placed on probation, if it is later alleged by the probation department that the probationer has somehow violated any of the terms and conditions of their probation, a Massachusetts Notice of Probation Violation is sent to the defendant's last known address.  Along with a description of the alleged violation, the defendant is then ordered to appear before the court for a Probation Surrender Hearing on a specific date and time.

Types of Probation Violations in Massachusetts

Probation violations generally fall into one of two categories:

Technical Violations:  Technical probation violations include general violations of the probation requirements.  The most common is failing to report to the probation officer as scheduled, or your failure to take alcohol education classes associated with your prior OUI, substance abuse counseling, or anger management classes related to a prior domestic abuse incident.  Other technical violations include failure to notify your probation officer if you are moving, failure to file a monthly report, failure to pay court-imposed fees, and failing or testing positive in a urinalysis or other drug test. 

Substantive Violations (New crimes):  One of the conditions of probation is not committing any other crime while you are on probation.  A substantive violation involves the commission of a crime while you are on probation for a previous crime. 

The consequences of probation violations are such that, in addition to possibly being held without bail, the maximum available penalty for a probation violation is the same as for the underlying charge for which you were originally given probation.  In other words, if you could have been sent to jail for one year instead of getting probation, your punishment for violating the probation is jail time of up to one year.  Typically, the judge will consider several factors including the evidence law enforcement can present as to whether you did, or didn't, willfully and knowingly violate the terms of your agreement.

Consequences of Violating Your Probation

After a judge has determined that you violated the terms of your probation, the next decision becomes whether to revoke your probation and sentence you, modify the terms and conditions of your probation, or simply continue your probation.  Possible dispositions include continue on same terms and conditions originally imposed, impose a guilty or juvenile delinquency finding, impose a suspended incarceration sentence, incarceration, extend the term of your probation, increase the level of your supervision, house arrest, etc.  See more dispositions at our Probation Information Center.

Aggressively Protecting Clients Accused of Probation Violations

If you have been arrested for violating probation, or notified that you must appear in court for a Probation Surrender Hearing, it is very important to have solid legal representation at the Hearing.  Contact our Probation Violation Attorneys - at any of our offices across Massachusetts - for representation in all Massachusetts Courts.  You can call us at (800) 461-6900 or contact us online.

Protect Your Rights, and Make a Good Impression
If You've Violated the Terms of Your Probation

If you have violated any terms of your probation contract (you left the Commonwealth without permission, failed to report to your P.O., etc.) there are two things that you must do.  First, contact your probation officer immediately.  Use him or her as an ally, and demonstrate your willingness to cooperate and comply with all conditions.  Second, take steps to present yourself in the best light to the court.  If you don't have a job, either get one immediately or be prepared to show your efforts of a job search.  If several weeks have gone by without your being required to submit to an alcohol or drug test, take the initiative to have a test done on your own prior to appearing in court.  Learn more by going to our Probation Information Center.

Massachusetts Criminal Defense Attorneys
Available 24 Hours a Day, Every Day!

Our attorneys drive a combined distance of over 250,000 miles a year - with their Blackberries right at their sides - texting, e-mailing, talking with and defending clients across Massachusetts.  We represent first-time offenders and repeat-offenders - some of which we have created a long-lasting historical relationship with!

For a free case evaluation relating to your probation violation or any new crime, call (800) 461-6900 or contact us online today.

No matter which court has jurisdiction over your case, who your Probation Officer is, or where any new crime may have been committed, we handle all criminal matters, including:

• Operating Under the Influence (OUI), and other drunk driving charges related to Melanie's Law


• Crimes against the person, including Assault and Battery (A&B), Domestic Violence, Harassment & Stalking, and 209A Restraining Orders


• Drug crimes, including possession, intent to distribute, drug trafficking, prescription drugs, and school zone-related charges


• Theft crimes, including larceny, receiving stolen property, and shoplifting


• Violent crimes, including burglary, carjacking, and robbery