Part of a criminal sentence may include a term of probation; probation is usually supervised by the probation department with a probation officer being assigned to the defendant. Conditions of probation can range from reporting to probation, drug testing, counseling and any other terms a judge deems reasonable considering the offense and the facts.
When a person is accused of violating probation they have a right to a probation violation hearing. The probation officer will create a report as to the violation and request a hearing in front of the judge. It is recommended to have an attorney represent you at this hearing; Frank Fernandez has represented clients in Boston and throughout all of Massachusetts in probation violation hearings. It is important to understand that the level of proof is less than that required at a trial, and the rules of evidence are less strict in that a probation officer may be allowed to testify to hearsay statements and also present evidence which would be held to a higher standard at trial.
If a judge determines that conditions of probation have been violated he then has the option of either continuing probation with stricter terms or she can sentence an individual to jail on the underlying charge up to the maximum amount of time allowed based on the underlying offense.
Frank Fernandez is a criminal defense lawyer who is happy to give you a free consultation if you are facing a probation violation hearing. It is possible to reach an agreement with the probation officer as to what should be recommended to a judge if terms of probation are violated. Probation violation attorney Frank Fernandez can be reached at 617-393-0250.