If you are on probation in Massachusetts state court, and you are charged with a violation, here are a few things to consider. First of all, the standard of proof for the probation department to proceed on is much less than that required for a conviction after trial. The standard is whether there is probable cause to believe there is a violation, and if a violation is found, the court will determine the appropriate sentence.
The sentence options for a violation will depend on the underlying disposition. For example, if a jail sentence is suspended, and the court wants to impose incarceration, then the suspended sentence will be imposed on that count. Similarly, if the disposition was straight probation, the court can impose up to the maximum sentence allowed under that statute.
Similarly, if you are on probation under numerous counts or indictments, then the court may give you a sentence on each count, and the sentences may be run consecutively. As a result, agreeing to probation as part of a criminal disposition on the underlying case may seem like a good idea at the time, but it is not without inherent risk.
With this in mind, if you or someone you know is facing a probation violation in either district or superior court, contact a criminal law attorney who will fight for you. Don’t wait until it’s too late.