Probation Violation and Conditions of Release
What Happens When You Are Accused of Violating Probation
in Massachusetts
If you are found guilty or admit to sufficient facts on a criminal charge in Massachusetts, you will often be placed on probation. Probation comes with a set of rules, known as conditions of probation. Breaking those rules can lead to a probation violation proceeding and, in some cases, to jail time up to the full original sentence.
This article explains what a probation violation is, how the process works, what conditions of release are, and several important protections that apply to people on probation.
What Is a Probation Violation?
When you are placed on probation, the court sets specific conditions you must follow. Common conditions include reporting to a probation officer, staying away from certain people or places, remaining drug- and alcohol-free, and not committing new crimes. The most frequent reason for a violation notice is a new criminal charge while on probation.
If a probation officer or the court believes you have broken a condition, you will be notified and required to appear for a hearing. A finding that you violated probation can result in additional restrictions, modification of the original conditions, or revocation of probation and imposition of a jail sentence.
What Happens After a Violation Notice?
After you are notified of an alleged violation, the court holds a preliminary hearing. At that hearing the question is whether there is probable cause to believe a violation occurred and whether you should be held in custody pending a final hearing.
Even if the court finds probable cause, it does not always order detention. Instead, the judge may release you under a new set of rules called conditions of release. These conditions are designed to keep you out of jail until the final probation-violation hearing while still addressing the concerns raised by the alleged violation.
What Are Conditions of Release?
Conditions of release are temporary rules that apply while a probation-violation case is pending. They are different from the original conditions of probation. Typical conditions of release include:
- No-contact orders (no phone, in-person, electronic, or written contact with specified people)
- Stay-away orders (remaining a set distance from people or locations)
- Reporting to probation as directed
- Electronic monitoring (including house arrest, curfews, or exclusion zones — see our post on GPS monitoring)
- Required residence at a specific address
- Abstinence from drugs or alcohol with testing
- Motor-vehicle restrictions
The judge may impose one condition or a combination, depending on the seriousness of the alleged violation and the person’s history.
What Happens If You Violate Conditions of Release?
If the court or probation department believes you have violated a condition of release, you may be summoned back to court or, in some cases, arrested. At a further hearing the judge decides whether there is probable cause to believe a violation of the release conditions occurred. If so, the judge may order you detained until the final probation-violation hearing is completed.
The Final Probation Violation Hearing
The final hearing is usually scheduled within about 30 days after the preliminary hearing, unless there is a special reason for delay. At the final hearing the judge decides two main questions: whether a violation of probation actually occurred, and if so, what the consequences should be.
Importantly, the burden of proof is only probable cause—not proof beyond a reasonable doubt. The rules of evidence are also more relaxed than in a criminal trial. Witnesses and accusers are not always required to appear in person.
If the judge finds a violation, the available options include:
- Continuing probation under the same conditions
- Modifying the conditions of probation
- Terminating probation
- Revoking probation and imposing a jail sentence up to the full original term
Because the judge has wide discretion, thorough preparation by defense counsel is essential.
Important Protections for People on Probation
Massachusetts law contains several specific protections that limit when a person can be found in violation of probation:
Prescription medications and medical marijuana: A person does not violate probation solely by possessing or using a controlled substance that was lawfully prescribed by a licensed health professional acting within the scope of practice. The same protection applies to medical marijuana when the person has a valid written certification, a valid registration card, and possesses no more than the recommended amount.
Seeking medical help for an overdose: Immunity from prosecution for possession of a controlled substance when the evidence results from seeking medical assistance for a drug-related overdose has been extended to probation and pretrial-release violations. A person cannot be found in violation solely because they sought medical help for themselves or someone else experiencing an overdose.
Inability to pay fines: Before a person can be committed to jail solely for non-payment of a fine or fee, the court must hold a hearing with counsel (appointed if the person is indigent). The judge must consider employment, income, resources, living expenses, dependents, and any special circumstances. If the person shows that payment would cause substantial financial hardship, the court cannot commit the person and must consider alternatives such as community service.
Protect Your Rights
A probation-violation case can result in significant jail time even when the underlying original sentence was suspended. Early involvement of an experienced criminal defense lawyer can make a meaningful difference in the outcome—whether by challenging the alleged violation, negotiating modified conditions, or presenting mitigating evidence at the final hearing.
Contact Attorney William J. Barabino for a confidential consultation. Call 781-393-5900 to discuss your situation and the available defenses.
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