Probation Violations

Highly Experienced Boston Criminal Defense Lawyer Representing Clients Charged with Violating the Terms of Their Probation

Probation offers a second chance—an opportunity to serve a sentence outside of jail while following court-ordered conditions. But that second chance can be taken away quickly if you are accused of a probation violation. Judges and probation officers take these violations seriously, and even a minor misstep can lead to severe penalties, including revocation of probation and time behind bars. If you are accused of violating your probation, you need immediate legal representation. The Law Office of Patrick J. Murphy has spent over 27 years defending clients facing probation violation hearings. As a Boston probation violation lawyer, Attorney Murphy knows how to challenge allegations and keep his clients out of jail.

What Qualifies as a Probation Violation in Massachusetts?

When a court grants probation instead of jail time, it comes with strict conditions that must be followed. Violating any of these terms, whether intentionally or unintentionally, can result in a probation violation charge. Some of the most common violations include:

• Missing a scheduled meeting with a probation officer
• Failing a drug or alcohol test
• Committing a new crime while on probation
• Failing to complete court-ordered programs, such as anger management or substance abuse counseling
• Violating a restraining order, stay-away order, or no-contact order
• Failing to pay fines, court fees, or restitution

Probation violations do not always involve new criminal activity. In many cases, a simple mistake—such as forgetting a court date or failing to check in on time—can trigger serious consequences.

What Happens When You Are Accused of Violating Probation?

If a probation officer believes that you have violated the terms of your probation, they will report the violation to the court. The process typically unfolds as follows:

1. Probation Detention or Summons. Depending on the severity of the alleged violation, you may be arrested and held in custody or given a summons to appear in court.
2. Initial Probation Violation Hearing. This hearing determines whether there is probable cause to believe a violation occurred. If the judge finds enough evidence, the case moves forward to a final hearing.
3. Final Probation Violation Hearing. Unlike a criminal trial, where the prosecution must prove guilt beyond a reasonable doubt, a probation violation hearing requires only a preponderance of the evidence—a lower standard of proof.

Unlike in a typical criminal case, probationers do not have the same full set of constitutional protections. For example, hearsay evidence is often admissible in probation hearings, making it easier for the prosecution to prove a violation. This is why having an experienced Boston probation violation lawyer by your side is crucial.

Possible Outcomes of a Probation Violation Hearing

The judge overseeing your case has broad discretion when it comes to probation violations. Possible outcomes include:

• Continuation of probation. If the violation is minor, the judge may allow you to remain on probation under the same terms.
• Modification of probation conditions. The judge may impose stricter conditions, such as more frequent check-ins or additional community service.
• Extension of probation. Your probation period may be extended beyond the original sentence.
• Revocation of probation. In the most serious cases, the judge may revoke your probation and impose the original jail or prison sentence.

A strong defense strategy can make the difference between continuing probation and serving time.

Challenging an Alleged Probation Violation

Just because you are accused of violating probation does not mean the court will automatically revoke it. Probation violation hearings have a lower burden of proof than criminal trials, but the prosecution must still present a strong case. There are several ways to prevent the government from proving you violated your probation, some of which include:

Misunderstandings and mistakes happen. Probation terms are often strict, and something as small as missing an appointment or forgetting to submit paperwork on time can trigger a violation. If the misstep was not intentional, the judge may be open to reconsidering the penalty.

Weak or unreliable evidence. Unlike in a criminal trial, probation hearings allow hearsay evidence, which means accusations do not always have solid proof behind them. If the claims against you are based on speculation, miscommunication, or unverified allegations, your attorney can challenge their reliability.

Circumstances beyond your control. Life is unpredictable, and emergencies happen. If you were unable to meet a probation requirement because of a medical emergency, job loss, or other unavoidable issue, the court may consider these factors in your defense.

Unreasonable or vague probation conditions. Some probation conditions are unfairly restrictive or difficult to follow. If a term of your probation was overly vague or placed an unreasonable burden on you, it may be possible to challenge its enforcement.

You were otherwise compliant. Judges have discretion when determining the consequences of a probation violation. If you have consistently followed all other probation conditions—such as maintaining employment, passing drug tests, and attending required programs—the judge may be willing to overlook a minor violation rather than impose harsh penalties. Demonstrating that you have made a good-faith effort to comply can be a powerful argument in your defense.

A probation violation does not have to mean the end of your second chance. An experienced Boston probation violation lawyer can analyze the facts of your case and argue for an outcome that protects your freedom.

Protect Your Freedom—Call the Law Office of Patrick J. Murphy Today

A probation violation does not automatically mean jail time, but without the right defense, the consequences can be severe. Judges have wide discretion in deciding penalties, and having an attorney who understands the nuances of Massachusetts law can make all the difference.

Attorney Patrick J. Murphy has spent nearly three decades helping clients fight back against probation violations and stay out of jail. If you are facing a probation hearing, do not wait to call the Law Office of Patrick J. Murphy at (617) 367-0450 to schedule a free and confidential consultation.