No Probation Violation Found After Hearing and Probation Terminated
Our client was given a notice that they allegedly violated their probation in Massachusetts. We filed a Motion for No Violation of Probation to be found prior to the Final Probation Surrender Hearing. In the Motion, we argued that “a defendant can be found in violation of a probationary condition only where the violation was wilful. . .” Commonwealth v. Henry, 475 Mass. 117, 121 (2016). In addition, the terms must be doable for a person in probationer's circumstances. Buckley v. Quincy District Court, 395 Mass. 815, 817 (1985).
We went before the Judge and he read our Motion. He agreed that in this circumstance that our client was not in violation of their probation. The client's probation was terminated as a result.
Practice area(s): Criminal Defense