Probation Violations Attorney in Springfield, Massachusetts
Dealing with the aftermath of a probation violation is no easy matter. The ramifications of a probation violation can lead to disastrous—and even life-long—consequences.
At Law Office of Joseph M Pacella, my goal is to help you avoid these consequences and find a path forward after a probation violation. No matter what exactly brings you to my office, you deserve to have your rights upheld and your future defended. If you live in Springfield or throughout Western and Central Massachusetts, including Northampton, Westfield, Amherst, and Palmer, set up a consultation with me today.
What Are the Most Common Probation Violations?
Let’s discuss common probation violations in Springfield and the rest of Massachusetts:
Failure to report to a probation officer
Not all individuals on probation must report to a probation officer. However, if you are required to report, you must report. Failure to report to a probation officer at a scheduled meeting can lead to immediate arrest. It is best to call the court or probation officer if you cannot make an appointment.
Failure to pay fines
Individuals ordered to pay court fees and restitution must do so at the Clerk’s Office. While there are no probation fees for the first six months, probationers can request a payment plan to comply with fees. Payments must be made in cash, certified check, or money order.
Failure to Appear on a Court Date
Failure to appear on a court date without a reasonable excuse can lead to immediate arrest. Probationers ordered to appear in court must do so. If unable, individuals must notify the court, through their criminal defense attorney, regarding the reasons for their failure to appear.
Traveling Outside their Area without Permission
Probation terms indicate the area in which individuals must remain. Generally, this area refers to their county of residence. If probationers travel outside their area without permission, they may be arrested due to a probation violation.
Arrest for an Unrelated Crime
Being arrested for a crime not related to the probation conviction can lead to incarceration. For instance, an individual on probation for drug possession would violate their probation if arrested for domestic violence.
Failure to Submit a DNA Sample
Some crimes require individuals to submit a DNA sample. Failure to comply can lead to a separate criminal offense with a possible six-month prison term.
Types of Probation Violations in Massachusetts
Generally speaking, probation is sentenced to individuals convicted of misdemeanors. Here are some examples of crimes that might lead to a probation sentence:
Illegal possession of firearms
If probation is eligible for a felony, convicted individuals may be able to serve probation instead of jail time. Additionally, individuals may serve a reduced sentence and then the rest of their prison term on probation.
What Are the Consequences of a Probation Violation?
In addition to immediate arrest, here is the possible consequence of a probation violation:
Request to appear in court. The court can order violators to appear in court to explain their violation. The judge then decides the consequence of the violation (incarceration, fines, etc.)
Determination of violation. The court must determine the circumstances that lead to the violation. For instance, willful non-compliance to appear at a court date can lead to incarceration.
Sentencing. The court decides the outcome of the probation violation. Individuals with good records may get off with a warning. However, the court might determine to impose the maximum sentence applicable for the crime in question.
Hiring a professional criminal defense attorney can help you manage any probation violations. A trusted criminal defense attorney can work with courts and prosecutors to explain probation violations. Moreover, an experienced criminal defense lawyer can provide legal counsel to help probationers stay clear of violations in the first place.
Probation Violation Attorney in Springfield, Massachusetts
If you’ve violated your probation, you might be unsure of where to turn. At Law Office of Joseph M Pacella, I adopt a no-nonsense yet compassionate approach to every case I take on. I’ll work with you to help you meet your probation terms to avoid unnecessary legal consequences. Get in touch with me today to start moving forward.