A probation surrender could mean jail time at worst or additional onerous conditions added to your probation, and you need an attorney to help if you’re facing a violation.
If you’re in need of a criminal defense attorney, don’t wait until you’re knee deep in the criminal justice system. The Massachusetts criminal system can be intimidating and confusing at times. The attorney you decide to have represent you could make or break your case, and I have years of experience in successfully defending my clients. I make sure to keep my clients informed, and I take on a collaborative approach so my clients feel they have some control over their situation. I will guide you the best way I know how given my experience, and I will fight for you in court.
What is Probation in Massachusetts?
Probation takes the place of jail or prison time in Massachusetts, not to be confused with pretrial probation. Keep in mind, probation is after you’ve already been convicted of a crime, and instead of prison time, you will serve your time on probation. If you’re ordered to serve your time on probation, a judge will give you a set of rules you must adhere to in order to successfully complete your probation time. This can include:
- locations you must stay away from
- taking drug tests
- remaining employed
- staying away from a particular person
- attending mental health counseling
- GPS
- drug treatment and programs
What is a Probation Surrender?
A probation surrender means that your probation officer thinks that you violated the terms of your probation. If the probation officer that was assigned to you thinks that you violated a term of your probation, they will report it to the court by filing a surrender notice. After this, you will receive a summons in the mail to appear in court before a judge for your initial probation surrender hearing, or a warrant could be entered for your arrest.
At an initial probation surrender hearing, your probation officer will appear as well to explain the allegations of your probation violation. The judge will ultimately determine whether or not there is probable cause to believe that you did in fact violate your probation.
If the judge finds that there is probable cause, you will later appear for a final surrender hearing. Hearsay is allowed at these types of hearings, and your probation officer can call witnesses to corroborate their claim of your probation violation. If witnesses are called on to testify, your attorney will also have a chance to cross examine them. But, also remember that this is not a trial. Your probation surrender attorney can also present evidence on your behalf, including from witnesses on your behalf and support letters.
Do I Need an Attorney if I Receive a Notice for a Probation Surrender Hearing?
The short answer to the above question is yes – you should absolutely hire a defense attorney for this hearing. You will be before a judge, and they will ultimately decide your future after that initial hearing – is there no probable cause, and you are to go about your old routine? Or do they find probably cause, you must appear for another court date, and worst case scenario the judge ends up deciding that you must serve your sentence in prison instead of being out on probation.
Don’t Wait
Something that tends to always be true if you find yourself entangled in the criminal justice system: don’t wait. Don’t wait until you’ve already gone to your first probation surrender hearing, and you must return for your final surrender hearing. Make sure you start the process giving yourself the best chance of success. Each time I go into court, I fight for my clients. I understand that while this is my day to day job, this is your life that is on the line. I take criminal defense cases all over the Greater Boston area, and I have office locations in Boston, and Salem Massachusetts.
You can contact me by calling or texting my office number at 617-295-7500, or by filling out our contact form on my website.
