Boston, Massachusetts Probation Violations Defense Attorney

When you are placed on probation, you are required to sign a probation contract.  On the contract, there are standard terms (or "conditions") of probation, e.g., "obey all state, federal and local laws," "report regularly to your probation officer," "pay a probation supervision fee," etc.  There may also be special conditions of probation, e.g., "pay restitution," "attend AA or NA," "perform community service," etc.  You must comply with each and every term of your probation, as ordered by your sentencing judge.  If you should violate any of those terms of your probation, you are subject to arrest and any number of penalties. Once your probation officer is made aware of your alleged violation, he or she may file a "surrender notice" to force you to re-appear in court.  The surrender notice informs the judge of your alleged violation of probation. After receiving the surrender notice, the judge may elect to issue a warrant for your arrest, although it is also possible that the judge will merely summons you to come to court.

At the Boston law office of David R. Yannetti, Attorney Yannetti defends clients accused of violating their probation. In many instances, he can negotiate with your probation officer or present evidence of extenuating circumstances that can allow you to avoid being sentenced to prison of the house of correction. Attorney Yannetti is both knowledgeable and experienced in seeking alternatives to prison that include community service, restitution, and alcohol and drug abuse counseling.

What's Involved in Probation Surrender Hearings

The Initial Surrender Hearing

In general, there are two hearings involved when a person is accused of violating the terms of their probation. At the first hearing (the "initial surrender hearing"), you will be brought before the court and formally notified of the alleged probation violations.  At that hearing, your probation officer will typically summarize the surrender notice for the judge, who will determine whether or not there is probable cause to believe that you did indeed violate a term of your probation.  One important issue to be resolved at this initial surrender hearing is whether you will be held in jail without bail until the second (or "final") surrender hearing.  If your probation officer recommends that you be held -- and if the judge finds you to be a danger -- then you could be taken in custody at the end of your initial surrender hearing.  Needless to say, it behooves you to retain an experienced and competent attorney at this crucial juncture in the case. 

The Final Surrender Hearing

At the second hearing (the "final surrender hearing"), your probation officer will likely be prepared to have witnesses called to testify against you.  Your attorney would have a chance to cross-examine those witnesses, and he may call witnesses on your behalf as well.  If there is strong evidence that you did indeed violate a term of your probation, the focus may instead shift to punishment.  Sometimes, it might be in your best interests to stipulate to a violation of probation and negotiate a compromise with your probation officer regarding what should happen to you as a result.  Attorney Yannetti is well-known and well-respected among probation officers throughout Massachusetts.  There are, of course, no guarantees that any lawyer can negotiate a successful result for a client.  You cannot and will not, however, find better counsel than Attorney Yannetti.  Bear in mind that even if your attorney negotiates a good disposition with your probation officer, the judge must still accept any agreed-upon recommendation.  The stakes are obviously quite high.  The standard for a violation ("probable cause") is quite low.  It is important for anyone facing a probation surrender hearing to retain an experienced probation violation attorney who can protect your rights and interests -- and to keep you from suffering harsh consequences after the hearing.

You should not wait until it is too late for an attorney to work with your probation officer. If you are facing an allegation that you violated your probation, you should contact probation violations attorney David R. Yannetti today.

Recent Probation Violation Cases:

Boston Municipal Court
Central Division
Docket No. 0301-CR-0133
Client, a 31 year-old financial executive, contacted Attorney Yannetti about this old case, in which Client was charged with Breaking and Entering with the Intent to Commit a Felony, as well as Malicious Destruction of Property.  Client had allegedly broken the front door of an apartment building to get inside while intoxicated one evening.  Represented by another lawyer, Client received a continued-without-a-finding disposition back in 2003.  Although Client paid restitution and performed the required community service, he left the state without permission and began his career in New York.  For six years, there has been a warrant for his arrest, to bring him back to Massachusetts to answer for having violated his probation.  Client hired Attorney Yannetti to help him avoid serious consequences.  Today, after negotiating the terms of Client's surrender with the probation department, Attorney Yannetti persuades the judge to impose no further penalties.  Result: Probation Terminated, Case Dismissed.

Boston Municipal Court
Central Division
Docket No. 9301-CR-4483
Back in 2008, Client hired Attorney Yannetti to help him remove an old default warrant for his arrest.  Client had previously been an illegal immigrant arrested for DUI in 1993, shortly after first arriving in this country.  Represented by another lawyer in 1993, Client ended up pleading guilty back then.  He was ordered to complete the alcohol education program, but he never did.  Instead, he left Massachusetts and remained in default with a warrant for his arrest for fifteen years.  On March 21, 2008, Attorney Yannetti persuaded a B.M.C. judge not to incarcerate Client for fleeing and failing to comply with his probation.  Instead, the judge gave Client another chance at completing the first-offender OUI program and placed him on probation for three years.  In 2010, Client re-hired Attorney Yannetti to ask the judge to shorten Client's probation by one year, so that Client could apply for citizenship.  Today, after producing proof that Client had been a model probationer, Attorney Yannetti persuades the judge to terminate Client's probation one year early.  Result: Probation Terminated One Year Early.

Boston Municipal Court
West Roxbury Division
Docket No. 0806-CR-3806
Client, a 21 year-old man, was on probation for illegal possession of a class D controlled substance and was ordered to attend and complete the "Level III Community Correction Program."  He was also required to be regularly tested for all illegal narcotics while on probation.  Client allegedly failed several drug tests, failed to show for others, and was subsequently arrested for a similar offense in Quincy -- all while still on probation.  Client hired Attorney Yannetti to handle all matters.  Attorney Yannetti successfully resolved his new case in Quincy District Court (on December 8, 2010, as detailed below).  Then, after several weeks of negotiation and a probation surrender hearing, Attorney Yannetti today persuades both the probation officer and the judge to terminate Client's probation, with no further penalties.  Result: Probation Terminated after Surrender Hearing, with No Penalty Despite the Violations.

September 22, 2008
Brookline District Court
Docket No. 0709-CR-0120
Represented by another lawyer, Client admitted last October to having committed an OUI.  He was therefore placed on probation for a year, pursuant to a "continued without a finding" disposition.  Last month, while still on probation, Client was arrested in Boston for attempting to cash a counterfeit check at a local bank.  Client was given a probation "surrender" notice.  Client hires Attorney Yannetti, who schedules the matter for a probation surrender hearing.  If the judge found that Client did indeed violate his probation, Client would have been in danger of receiving a criminal conviction and potentially being sentenced to jail.  At the hearing today, however, Attorney Yannetti instead persuades the judge that Client did not violate his probation.  As a result, Client was placed back on probation and his "continuance without a finding" disposition was preserved.  Result: A Finding of No Probable Cause, No Violation of Probation, and Client's criminal record is preserved.

Ayer District Court
Docket Nos. 0748-CR-0577 and 0748-CR-0919
Client was on probation (pursuant to a "continued without a finding" disposition) for two separate "possession of marijuana" cases.  Given that he also had two previous "possession of marijuana" cases (for a total of four on his criminal record), he was ordered to complete the community corrections program -- which includes drug testing.  Client allegedly failed five different drug tests and failed to report for another, so his probation officer issued him a surrender notice.  If found in violation of probation, Client faced the prospect of having convictions on his record -- which would have caused him to lose his driver's license for at least one year.  Client also faced the prospect of serving time in jail.  Client hires Attorney Yannetti.  Over the course of three months, Attorney Yannetti counsels Client, works with his parents and negotiates with his probation officer.  Today, Attorney Yannetti persuades his probation officer and the judge to allow Client to enter a one-month residential treatment program.  Result: Client is placed back on probation despite multiple probation violations, maintains a conviction-free record, and retains his driver's license.

Boston Municipal Court
Charlestown Division
Docket No. 0704-CR-0006
Back in March of 2007, Attorney Yannetti represented Client and successfully convinced the prosecutor and the judge to treat this second-offense OUI case as a first-offense OUI case.  Client was therefore placed on probation for a year and ordered to complete the first-offender program, with only a 65-day license loss (as opposed to the two-year loss that accompanies any second-offense conviction).  Beginning this past May, Client stopped reporting to his probation officer.  He also allegedly failed to complete all of the requirements for the first-offender program.  After several months of Client's failure to report as ordered, his probation officer issued a surrender notice.  Client therefore re-hired Attorney Yannetti.  Today, after several weeks of negotiation, Attorney Yannetti convinces Client's probation officer to withdraw part of the surrender notice.  Attorney Yannetti then convinces the judge to merely order Client to perform four hours of community service and terminate his probation.  Result: Client's probation to be terminated upon the completion of four hours of community service, despite Client having violated the terms of his probation.