Probation Violation Proceedings

Dudley Experience

Probation violation hearings, technically called “probation surrenders,” are a common proceeding in Massachusetts district courts.

When a probation officer believes there is probable cause to believe that the defendant has violated the terms of his or her probation, the probation officer will commence a Probation Surrender proceeding by serving the defendant with a Notice of Probation Violation and Hearing. The notice provides the defendant with a description of the alleged violations and must be given to the defendant at least seven days prior to the final probation violation hearing.

Having the representation of a competent attorney for a probation surrender proceeding is critical, because the consequences of a probation violation, such as incarceration, can be severe. An attorney can sometimes work with the probation officer to come to an agreement that may be beneficial to the client, such as a modification of probation conditions. If the defendant denies that he violated his probation conditions, than an attorney can assist him with collecting evidence and presenting witnesses to help him at the revocation hearing.