PROBATION DEPARTMENT
INFORMATION CENTER

Certain Massachusetts sentencing guidelines mandate that a judge orders that certain defendants convicted of specific misdemeanors or felonies go to prison.  But given that the Massachusetts prison and jail population has gone over 25,000, a convicted defendant's punishment need not include prison, and many other creative punishing alternatives are available.

A sentence may involve probation, restitution (victim compensation), or community service. Sometimes a defendant's prison sentence is "suspended."  A suspended sentence is jail or prison time that is put on hold if the defendant complies with certain other obligations, for example, the conditions of probation or the completion of a drug treatment program.

Accepting Probation Comes With a Price

In Massachusetts, offenders who are put on probation are typically required to adhere to a number of probation conditions including that he or she obey all laws, abide by all court orders, report regularly to the probation department, report any change of employment or address to probation, refrain from the use of alcohol and drugs, submit to regular alcohol or drug testing, refrain from leaving the Commonwealth without prior permission, and avoid abusing or contacting certain people.

If You Violate The Terms of Your Probation,
You're in BIG Trouble

If it is ever determined that you've violated any of the terms of your agreement, you will be notified of your violation and that you must attend your Probation Surrender Hearing at a set time and place.

A probation violation is different in many ways from a new criminal case.  If you are facing a probation violation, you have already entered a plea or have been found guilty by a judge or jury.  The case for which you have been serving probation has already been closed.  It is very difficult, yet possible, to have the judgment in your probation case reopened, and since you've violated your agreement, a judge may order that you are to complete the entire sentence as if you had never agreed to probation in the first place.

There are two types of probation violations, new crimes and technical violations.  Each criminal defense attorney at our firm has defended both types of these violations.

Whenever you are arrested for a new criminal offense, you have violated the terms of your probation. The prosecutor will call witnesses to testify against you, including your probation officer.  Even if the charge for which a person is arrested is not filed or eventually dropped, the prosecutor can still proceed with the probation violation hearing.  Committing a new crime is damaging to your probation, as the District Attorney's office and judge do not look at repeat offenders favorably.  Of the approximately 50,000 violations in 2009, approximately one-third were from new criminal charges.

A technical violation occurs by failing to meet court-ordered obligations issued by the court, as the terms of your probation.  Examples of conditions that probationers fail to successfully complete include: moving without permission, failing to report to your probation officer, failing to pay restitution and failing to attend court ordered classes.

The penalties for a probation violation can be harsh.  For example, you will likely be facing the maximum penalty for the charge for which you were placed on probation.

Common Probation Programs

There are many different types of "alternative sentences," which can include fairly innovative punishments.  In Massachusetts, offenders have been required to install Ignition Interlock Devises (IID) in their car, remain under house arrest under the Electronic Monitoring (ELMO) bracelet, provide physical labor (such as working at designated sites for a specific amount of time), complete alcohol treatment programs, anger management classes, or even attend or give lectures relating to certain subjects.

Those are just the beginning.  Our criminal defense attorneys can advise you about your eligibility for such other alternative disposition arrangements such as the following:

• Continuance Without a Finding (CWOF):  An agreement with the prosecution to suspend further action on your case provided you avoid further trouble


• Pretrial probation:  Similar to CWOF, but with somewhat more formal reporting requirements and conditions


• Drug treatment:  There are currently 65,000 treatment admissions in Massachusetts.  Given that in 2007, approximately 150,000 Massachusetts citizens reported needing but not receiving treatment for illicit drug use within the past year, this appears to be a worthwhile program and term of probation for convicted drug offenders.

The Office of the Commissioner of Probation

The Office of the Commissioner of Probation (OCP), located in Boston, serves as the central administrative office for the Massachusetts Probation Service.

The Commissioner of Probation, John J. O'Brien, was appointed by the Chief Justice for Administration and Management.  His role is to establish standards for probation practice, and provide training to probation personnel.  The Commissioner's office also conducts research on statewide crime and delinquency trends.

Disposition Codes

The "Disposition" is the final outcome of a criminal case. When charges are brought against defendant in court, it is important that you understand the court's options when deciding the outcome of the case.  The judge selects from a range of possible dispositions when resolving a case, with the most common options being:

C - Continued (Date)

CC - Court Cost

CMNTY SRV - Community Service

CWOF - Continued Without a Finding

DF - Default

D/R - Default Removed

DISM - Dismissed

FINE - Fine (Plus Dollar Amount)

G - Guilty

INDICT - Indicted

NG - Not Guilty

NPC - No Probable Cause

PD - Paid

PROB - Probation

REST - Restitution

R/R - Revise and Revoke

RT - Residential Treatment for Drunk Driving

SS - Suspended Sentence (Plus length of suspension)

TERM - Terminated

VN - Violation Notice

VOP - Violation of Probation

WAR - Warrant

WAR/WD - Warrant Withdrawn Do not face a Probation Hearing on your own.  Once made, you cannot revoke a probation violation stipulation, and you will face a full range of criminal penalties available to the judge for the crime you were originally charged with committing.  Contact us at any of our local law offices for a consultation, or call (800) 461-6900.