Case Results » Probation Violations

  • Defendant Avoids Jail On Probation Surrender

    A young adult received a split sentence for a serious felony case in the district court. After serving three months in prison, he was released and agreed to follow terms of probation that included bi-monthly reporting. The defendant lost track of his calendar and failed to report to his officer. The probation department issued a probation surrender notice.

    Our office conducted lengthy interviews with the individual. After effectively explaining that there was a miscommunication by the probation department that led to the surrender notice, the court agreed to continue the defendant's probation on the previously imposed terms. The client walked out of the courthouse relieved.

    Read More in Felonies

  • Defendant Relesed From Custody After Being Held For Violating Exclusionary "GPS" Zones

    The defendant's ankle bracelet alarm was activated. For this reason, a warrant issued for him; he was arrested and spent the night in jail. The next day in court the probation department moved to have him surrendered based on the fact that he traveled into the "exclusionary" zones causing his ankle bracelet to go off.

    Our office reviewed the appropriate documents and argued that the defendant did NOT travel into the exclusionary zone and that the "ELMO" should not have gone off.  Through the hearing it was demonstrated that the defendant was not at the forbidden address but just on the street. This was illustrated through the cross-examination of the probation officer, the "ELMO" documents and the probation contract. By the end of the hearing the judge agreed and held that the defendant had NOT violated ANY terms of his probation. He was released from custody and walked out of the courthouse.

    Read More in Sex Crimes

  • OUI Probation Warrant Removed For Client

    A defendant, who was on probation for OUI  [M.G.L. Chapter 90 Section 24], received notification to appear in court because she had been terminated from the "24D" program. Fearing that she would be put in custody she contacted our office to immediately go to court, remove the warrant and avoid any time in custody.

    An attorney form our office met the client within an hour at the District Court. The probation warrant was removed and the defendant's probation was restored on the condition that she enter and successfully complete the 24-D program.

    Read More in OUI

  • Clients Probation Successfully Terminated

    The defendant was on probation in Superior Court for a number of felonies. The defendant had served a portion of his committed sentence. The defendant contacted Attorney McCarthy for representation at a probation surrender hearing as he was facing the potential for incarceration. Attorney McCarthy dealt with the probation officer advocating the client's efforts and success and the probation was terminated in a reasonable amount of time.

  • Attorney McCarthy Secures Recall Of A Warrant And Dismissal Of Case For Out Of State Client

    The defendant recently became aware of an out of state warrant for his arrest stemming from a criminal case over twenty years ago. The client reached out to Attorney McCarthy. Attorney McCarthy contacted the clerk's office and the District Attorney's office to determine the viability of the case. After discussions with the District Attorney's Office it became apparent that the case could not proceed and the prosecutor agreed to dismiss the criminal case against the client. Because of Attorney McCarthy's work the client only had to appear in court one time for the dismissal of the case.

  • Attorney McCarthy Negotiates Dismissal of Misdemeanor And Felony Cases Lodged Against Client

    The police report alleged that the female defendant texted her former boyfriend/complainant over three hundred times over a short period of time, threatened the complainant and his "new" girlfriend and stalked him. Any type of finding could potentially have resulted in collateral employment consequences for the professional client.

    Quickly after being retained, Attorney McCarthy contacted the District Attorney's Office advocating for a disposition that would not involve any type of admission and an eventual dismissal. Although reluctant to agree to pre-trial probation, following Attorney McCarthy's persuasive argument to the judge the ADA eventually agreed to a term of pre-trial probation. The client did NOT have to admit to any facts and does not have a conviction. Provided the client satisfies a few conditions, the case will be dismissed.

  • Attorney McCarthy Successfully Negotiates Termination Of Defendant's Probation Following A Probation Termination Hearing

    The defendant received notification that the probation officer moved to have her surrender for failing to show up for a drug test. The office conducted interviews with the client and advised her to produce documentation of her completion of substance abuse programs and current employment. After conferencing the case with the probation officer the probation department agreed to have the defendant's probation terminated. The client walked out of the court house without having to worry about probation any longer.

  • Client Avoids Committed Sentence Following Probation Surrender Hearing

    The defendant was on probation for two years following a plea to assault and battery. Attorney McCarthy was contacted when his probation officer continued to serve notice of probation surrender on the defendant despite the fact that the defendant maintained that he NEVER violated the terms of his probation. With approximately one month left on his probation, the defendant received notification that his probation officer was surrendering him for failure to complete a program and failing to report.

    Attorney McCarthy worked diligently to demonstrate to the probation officer that the defendant met his obligations relative to attending a program. However, the probation officer still moved to surrender based on the fact that the defendant missed one meeting. On the day of the hearing, the probation officer recommended that the defendant be committed to jail for his failure to report to his probation officer on a designated day. Attorney McCarthy presented mitigating circumstances explaining the defendant's failure to report in person to this probation officer and the judge simply told the defendant to continue to report. The defendant's probation is still scheduled to terminate as planned in a few weeks.

  • Attorney McCarthy Successfully Defends Probationer At Surrender Hearing

    The defendant admitted to assault and battery. As terms of his probation he was required to attend and complete a treatment program. The specific program was not delineated as the terms of probation. The defendant entered a program and was being treated when his probation officer served him with a notice of violation. After interviewing the defendant and his counselor at length and reviewing the plea colloquy, Attorney McCarthy aggressively represented the defendant's position to the probation officer. On the day the hearing was scheduled, the probation officer withdrew the violation and the defendant was allowed to continue in his current treatment program.

  • Attorney McCarthy Negotiates Disposition Whereby Defendant Avoids Commitment Following A Final Probation Surrender Hearing

    The defendant was served with notice of a violation of probation for failing to pay restitution on a case over fifteen years old. The defendant contacted Attorney McCarthy to represent him during a final surrender hearing. On the day of the hearing, Attorney McCarthy convinced the probation officer and judge to dismiss the probation on the payment of the restitution to a general victim's fund. The judge ultimately agreed and the defendant avoided a committed sentence.

  • Attorney McCarthy Negotiates Pre-Trial Probation For Out Of State Defendant

    The police report alleged that the defendant struck his girlfriend and left her on the side of the road after the pair attended a wedding together. According to the report, a bystander saw the woman alone in the early morning hours and gave her a ride. The woman contacted the authorities and the defendant was charged with domestic assault and battery. The woman also initially sought a 209 A restraining order against the defendant.

    Attorney McCarthy conducted pre-trial investigation and negotiated a disposition for the out-of-state defendant whereby as long as he did not get into any trouble and did not abuse the complainant, the case would ultimately be dismissed. Thus, the defendant would not have any conviction for this offense. Furthermore, the restraining order was eventually dropped by the complainant.

  • Complaints charging resisting arrest and disorderly person dismissed/Initial Case

    Police officers witnessed the defendant grab the arm of a woman as a crowd exited a popular restaurant. The pair engaged in a loud argument and the woman eventually broke free. The defendant was seen approaching the woman again and struck her with a closed hand in her left temple. The defendant, who appeared drunk, made a scene confronted police officers who were present and resisted arrest. The defendant was arrested and charged with resisting arrest, disorderly conduct and assault and battery. Attorney McCarthy negotiated the straight dismissal of the complaint charging resisting arrest and disorderly person. The count of assault and battery is to be dismissed in one year provided the defendant does not get rearrested on another offense.

  • Defendant Remains Free Following A Recommendation of Commitment From The Probation Department During a Probation Surrender Hearing/Initial Case

    Defendant stood convicted of possession of heroin and was placed on probation. Terms of probation included receiving treatment for addiction, reporting regularly to probation and being subjected to random screenings. Defendant faced numerous surrenders due to failure to report and failure to submit to random urine samples. After a number of surrender hearings the defendant faced the potential to serve committed time. During the final surrender hearing the probation officer recommended that the judge commit the defendant to the house of correction for a period of three months. Attorney McCarthy successfully argued for the defendant's freedom on the condition that he receive drug counseling. The judge followed her recommendation and the defendant was not incarcerated.