The Law Office of Patrick T. Donovan

Massachusetts Criminal Attorney

617.479.1800 24/7
  • Home
  • Profile
  • Criminal Defense
    • Restraining Orders
      • Restraining Orders FAQs
    • Harassment Orders
    • Domestic Violence
      • Domestic Violence Case Wins
      • Assault and Battery on Family or Household Member
      • Restraining Order Violation
      • Assault on Family Member
      • Witness Intimidation
      • Strangulation Suffocation
      • Stalking
      • Threats to Commit a Crime
      • Mass Law About Hitting Your Kids
    • Drunk Driving
      • OUI DUI WINS
      • First Offense
      • How Much Does an OUI Cost?
      • CHILD ENDANGERMENT WHILE OUI
    • Motor Vehicle
      • Motor Vehicle Crime Case Wins
      • LEAVING THE SCENE OF PERSONAL INJURY
      • LEAVING THE SCENE OF PROPERTY DAMAGE
      • OPERATING AFTER LICENSE SUSPENDED
      • NEGLIGENT OPERATION
      • Reckless Operation
      • Uninsured Motor Vehicle
      • MASSACHUSETTS UNLICENSED OPERATION
      • Attaching Wrong Plates Massachusetts
      • Massachusetts Road Racing
      • Failure to Obey Police Officer
      • Use of Motor Vehicle Without Authority
      • IGNITION INTERLOCK DEVICE
    • Encore Boston Harbor Criminal Attorney
    • Theft Crimes
      • Theft Crimes Wins
      • LARCENY UNDER $1200
      • Larceny Over $1200
      • LARCENY BY CHECK
      • Identity Fraud
      • Larceny By Embezzlement
      • Credit Card Fraud
      • Receiving Stolen Property
    • Drug Crimes
    • Sex Crimes
      • Statutory Rape
      • OPEN AND GROSS LEWDNESS AND LASCIVIOUS BEHAVIOR
      • Annoying and Accosting Persons
      • Indecent Assault and Battery
      • Indecent Exposure
      • Enticing a Child Under 16
    • College Students
      • Fake ID
      • Fake ID Case Wins
      • Disorderly Conduct
      • MINOR IN POSSESSION OF ALCOHOL MASSACHUSETTS
      • Disturbing the Peace
    • Criminal Harassment
    • Violent Crime
      • Assault and Battery Wins
      • Threats
      • Aggravated Assault and Battery
      • Mayhem
      • Assault and Battery with a Dangerous Weapon
      • Assault and Battery
        • Shoplifting
          • Shoplifting Case Wins
      • Assault
      • Resisting Arrest
    • Clerk’s Hearings
    • Weapons Crimes
    • Warrants
    • Speeding Tickets
      • Massachusetts Surchargeable Infractions
      • Massachusetts Speeding Ticket Recent Victories
      • How to Appeal a Massachusetts Speeding Ticket
      • Massachusetts RMV and Board of Appeals
      • Massachusetts Speeding Tickets FAQ
      • Massachusetts Drivers Suspensions
  • Case Wins
  • Client Reviews
  • Contact Us

Massachusetts Probation Violations

Massachusetts Courts adopted a Court Order to deal with conditions of release in Probation hearings. According to the order a judge may order a person released on certain conditions after there has been a Probation violation.

Any condition of release in a probation violation hearing can be in place for until the probation case is over, usually 30 days.

After Judge finds that a person has violated terms and conditions of probation a judge may set certain conditions of release on a person. The condition may impose one or a combination of conditions.

No contact.

Stay away

Report to Probation as directed

Electronic monitoring. The probationer shall submit to electronic monitoring, which may include

house arrest,

curfew

exclusion zones,

Required residence. The probationer shall reside at a specified address, which may be verified by unannounced home visits by probation.

Abstinence and testing. The probationer shall abstain from the consumption of narcotics, including medical marijuana (if so ordered), and/or alcohol, with testing to verify such abstinence.

Motor vehicle restrictions. The probationer shall not operate a motor vehicle, with such exceptions as the court may allow.

Violation of Conditions of Release in Probation Surrender Case

If the court or a probation officer has reasonable grounds to believe that a probationer has violated a condition of release, the court or probation officer may summons the probationer for a hearing or, if there is probable cause, issue an arrest warrant. A probation officer, if there is probable cause, may arrest the probationer without a warrant. The court shall then hold a hearing as soon as practicable to determine whether there is probable cause to believe that the probationer has violated a condition of release. The rules of evidence shall not apply, and this determination may be “decided based on documents (e.g., police reports) and the representations of counsel.” Paquette v. Commonwealth, 440 Mass. 121, 133 (2003). The court may, in its discretion, allow the presentation of testimonial evidence and cross-examination “when the circumstances of a particular case warrant.” Id. If the court determines that there is probable cause that a probationer has violated such a condition of release, the court shall have the authority, in the exercise of discretion, to order the probationer detained until the completion of the probation violation hearing. See id. at 126 (“if the person violates the explicit condition of his release, then his liberty can be curtailed”). When granted conditional release, a person’s “continued freedom [i]s entirely within his own control, and the deprivation thereof [i]s an inevitable consequence of his alleged failure to conform his conduct . . . to the explicit condition of his earlier release.” Id. at 129.

4. Conditions of release imposed under Rule 5(c) are not conditions of probation. A violation of a condition of release shall not itself be the basis for a finding of a violation of probation, although the judge may consider such violation in determining a proper disposition under Dist./Mun. Cts. R. Prob. Viol. P. 8(d) and 9(b).

Effective September 8, 2015.

Just Arrested?

Everything you need to know if you were arrested in Massachusetts.

Arrest Information

Court Process

Everything you need to know about the Massachusetts Court Process

Court Process Explained

Criminal Record

See how a criminal case impacts your criminal record.

Info about Criminal Records

Practice Areas

  • Criminal Defense
  • Drunk Driving
  • Domestic Violence
  • Motor Vehicle
  • Drug Crimes
  • Sex Crimes
  • College Students
  • Disturbing the Peace
  • Criminal Harassment
  • Theft Crimes
  • Violent Crimes
  • Disorderly Conduct
  • Warrants
  • Record Sealing
  • Probation
  • Weapons Crimes
  • Magistrate Hearing
  • Personal Injury
  • Speeding Tickets

Menu

  • Criminal Defense
  • Drunk Driving
  • Domestic Violence
  • Motor Vehicle Crimes
  • Drug Crimes
  • Sex Crimes
  • Theft
  • Contact Us
  • Make a Payment

Office Location

Law Office of Patrick Donovan
Law Office of Patrick Donovan logo
234 Copeland Street Suite 230
Quincy, MA 02169
Phone: (617) 479-1800
Fax: (617) 622-1531

Court Information

Everything you need to know about criminal courts in Massachusetts.

Court Info

Copyright © 2023