In Massachusetts, if you are placed on probation, you will enter into a probation contract with the Dept. of Probation. Pursuant to that contract, you will have to comply with specific terms and conditions that are set forth by the judge that imposed the probation. As an example, if you are placed on probation for a drunk driving charge, a term and condition of probation may be that you remain alcohol free for a specific period of time. During your probation you may be subject to random alcohol testing. If you fail an alcohol test then you would be in violation of the terms and conditions of your probation. As a result of this violation of your probation you could face an extended probationary period and / or jail time.
If you are faced with a violation of your probation (VOP) do not go to court without an attorney. Andover violation of probation lawyer Neil F. Faigel has over 30 years of experience defending individuals charged with a VOP.
If you have violated the terms and conditions of your probation your probation officer will serve you with an Initial Surrender Notice, informing you to appear in court. At this initial hearing, the Court will decide if there is evidence that you have violated your probation. The Court could, if the facts warrant, hold you for up to 30 days, or until your Final Surrender Hearing (FSH). It is imperative that an attorney represent you at the initial stage of the process as your liberty is at stake. Andover probation of violation lawyer Neil Faigel has, many times, convinced the Court not to send the individual to jail and suggested alternatives to incarceration.
On your second court date the Court will hold the FSH. At this time, the probation officer is required to prove that you violated the terms and conditions of your probation. The probation officer could call witnesses and testify himself. You also have the opportunity to call witnesses and, if appropriate, testify yourself. The stakes are quite high at the FSH. If the Court finds that you have violated your probation and, if you have a suspended sentence, the Court is required to impose the sentence that was suspended.
It is imperative that you have a seasoned, experienced attorney every step of the way when facing a violation of your probation. Andover violation of probation attorney Neil F. Faigel, with his over 30 years of experience has handled hundreds of probation violation cases. He understands the process and procedure and is able to build your defense based upon the facts and the law. If you have been charged with a violation of your probation, or you would like to discuss a legal matter involving a possible charge of violating your probation, please contact Attorney Faigel as soon as possible. It is imperative that you have a seasoned and experienced defense attorney to advise you as early as possible about a charge of violation of probation.