Probation is a common sentence given in criminal cases. Probation can be a result of a plea agreement to avoid a jail sentence or can be issued in addition to jail. Probation often comes with numerous conditions. Some of these conditions can greatly restrict a defendant’s ability to go about his or her daily life. Other restrictions can be complex and confusing. Because of these reasons, probation violations can be easily or inevitably committed. When a person commits a probation violation, a skilled Massachusetts probation violation attorney is critical to avoid or reduce penalties.
Probation refers to a person who has been convicted of a criminal offense being released into the general public under the supervision of a probation officer. Additionally, probation usually comes with certain terms to which the person is required to adhere. Terms and conditions of probation usually require the person on probation to check in with his or her probation officer on a regular basis. For example, the person could be ordered to check in with his or her probation officer daily or weekly. Additionally, if a person is on probation and subsequently commits another crime, the person will have violated his probation.
If a defendant fails to abide by the terms of his or her probation, the defendant’s probation officer can report the violations. The defendant may then be charged with violating his or her probation. If a defendant is charged with violating his probation, he will then attend a probation violation hearing. At the hearing, the judge will hear from the probation officer about what violations have occurred and what the probation officer recommends for punishment. A defendant may be incarcerated as a result of violating probation and may be ordered to pay fines. If a person avoids incarceration at his hearing, he may be subjected to additional or more enhanced terms and conditions of his probation.
A probation violation is a serious issue that can lead to negative impacts on your life. A person’s freedom can be greatly limited as a result of a probation violation, either through incarceration or stricter probation conditions. Probation conditions are restrictive enough without harsher conditions being imposed due to a probation violation; therefore, if you or a loved one fear that you have committed a probation violation or may commit a violation of confusing or overly-restrictive probation conditions, contact an experienced Massachusetts probation attorney who can help you. It is imperative that a defendant have an attorney on his side to help him navigate confusing probation conditions and procedures and to help in cases of probation violation.
Contact Massachusetts probation violation attorney Dan Cappetta today if you are having difficulty abiding by your probation conditions. Attorney Cappetta offers a free consultation to all prospective clients. He can help answer your questions about probation conditions and what can happen when you violate probation.