Probation Surrender Hearings

Boston Probation Surrender Hearings – Massachusetts Probation Violation Lawyer

Massachusetts Probation Violation Attorney

Contact Boston Probation Violation Attorney Steven J. Topazio for Representation in a Probation Violation Proceeding

Probation is a type of punishment that may be ordered by a court as an alternative to incarceration. It involves the threat of future action if a person does not act according to the will of the court. If a Court finds a violation of your probation contract, you are subjected to being re-sentenced which could result in your incarceration.
If you have been accused of probation violation and face a surrender hearing, protect your future and family by contacting Boston Criminal Defense Lawyer Steven J. Topazio for a free confidential consultation.

Probation Violation Proceeding

An order of probation gives the Court power over a person by either requiring or forbidding any number of activities. The consequence of not complying with the list of things that you must do and may not do while on Probation will result in a Notice of Violation and Probation Surrender Hearing. There are different types of probation you may be under.

• Administrative probation means: a form of noncontact supervision in which an offender who presents a low risk of harm to the community.
• Supervised probation means: a form of contact supervision in which an offender who presents a higher risk of harm to the community.

As a condition of probation you may be under the supervision of the Office of Community Corrections OCC, or in drug court, or on sex offender probation. All are serious matters and must be dealt with accordingly. It’s your life and if you want to keep it on track, you are advised to follow orders as specified in your specific case.

Boston criminal defense attorney Steven J. Topazio can handle your VOP (Violation of Probation) matter quickly and effectively. Schedule an appointment for a free face-to-face confidential consultation.

What is a Probation Violation?

In Massachusetts, if a defendant breaks any of the rules imposed upon him or her during the probationary period, his or her probation can be revoked and jail time could be required.

Types of Probation Violations

•      *     Failure to pay a fine
•      *     Failure to pay restitution to the victim
•      *     Failure to enroll in or complete rehabilitation or community service
•      *     Failure to appear in court for a progress report
•      *     Violation of probation rules, including:
•      *     Staying away from certain person(s)
•      *     Staying away from certain location(s)
•      *     Reporting to probation officer when expected
•      *     Possession of illegal drugs or weapons (guns)
•      *     Associating with known criminals
•      *     Committing new crimes (picking up new criminal cases)

What Happens When Probation Is Violated?

The penalty for violation of probation depends on how serious the violation is. If the probation is not serious, chances are the defendant will be given a second chance and will be allowed to remain on probation under the same terms and conditions. If a more serious violation occurs, then there will likely be a violation of probation with some consequences.
If a probation violation occurs, the defendant could be arrested or ordered to court, by means of official mail notification, for a probation violation hearing. At the probation violation hearing, the probation officer must prove the defendant violated probation. If the defendant is found to have violated his probation, the court may impose one of several punishments.

Probation Violations Consequences

•      *     Potential jail or prison sentence
•      *     Probation extension
•      *     Additional probation terms imposed
•      *     Probation revoked and suspended sentence imposed
•      *     Probation reinstated with same terms and conditions or different terms
•      *     Community service
•      *     Rehabilitation / Counseling / Treatment Program

Factors Considered for a Probation Violation

The outcome of your probation violation will vary, depending upon several factors considered by the Judge and your probation officer. A skilled attorney, such as Boston criminal defense attorney Steven J. Topazio, can prepare you for the probation violation hearing, and make a difference in the final result.

Probation Violations Considerations

•      *     The seriousness and nature of the probation violation
•      *     The number of times you previously violated your probation
•      *     Whether the probation violation involves a new crime
•      *     Mitigating and aggravating circumstances
•      *     The attitude of the probation department or probation officer
•      *     The timing of the probation violation (whether it happened early in the probationary period or at the end of the probationary period)

Comprehensive Investigation and Case-Building

If you have been accused of probation violation and face a surrender hearing, protect your future and family by contacting Boston Criminal Defense Lawyer Steven J. Topazio for a free confidential consultation .

RECENT CASE DECISIONS

 

Default Warrant; Possession of Firearm without ID card MGL c 269 § 10(h): Defendant’s appearance waived in court, Default Warrant canceled and probation terminated.

• Steven Topazio wrote this August 10, 2016 at 8:58 pm

The client, who resides in New Jersey, was notified by the Department of Motor Vehicles in New Jersey that his driving privileges were suspended in New Jersey as a result of his driving privileges being suspended indefinitely in Massachusetts due to being in default on a criminal case in Massachusetts. When the client contacted the RMV in Massachusetts he was informed that his driving privileges were suspended indefinitely in Massachusetts due to a default warrant.  A default warrant issued against the client in 1991 when he ceased reporting to his probation officer in Massachusetts; hired Attorney Steven J. Topazio to fix the matter.  Attorney Topazio investigated the case and learned that his client had not offended since defaulting in Massachusetts.  Attorney Topazio met with the Chief Probation officer from the court that defaulted his client and pointed out that his client cleared up the outstanding warrant in New Jersey; had served in the US Army from 1976-1986; and was a 100% disabled veteran and was supported by the Veterans Administration.  Today, Attorney Topazio argued to the court that his client was without sufficient funds to return to court to deal with the default warrant, and persuaded the court to waive his client’s appearance, cancel the outstanding warrant, and waive all outstanding fees and costs, as well as terminating his client’s probation. With the default warrant canceled, the Massachusetts RMV will lift the indefinite suspension on the client’s driving privileges which will allow him to renew his New Jersey driving license.

April 02, 2014

Cambridge District Court

Knowingly Receiving Stolen Property

Probation Warrant

When an arrest warrant issued from the Cambridge District Court for a probation violation, the client hired Attorney Topazio to defend him. The client had defaulted on his probation by failing to report to probation as ordered and further by failing to submit to random urine screens as a condition of probation.  Attorney Topazio contacted the assigned probation officer and scheduled a time to surrender his client so as to remove the outstanding probation warrant.  Although the probation officer requested that the client be held without bail, Attorney Topazio persuaded the court to release his client on payment of back fines and fees in lieu of incarceration.

Result: Warrant withdrawn and client avoids detention.

March 06, 2014

Newton District Court

Larceny over $250 M.G.L. c.266 §30A

Probation Violation

Outstanding Warrant

The client had a probation warrant for his arrest after failing to report to probation officer, hired Boston Probation Attorney Steven J. Topazio to represent him. Attorney Topazio contacted the probation officer and negotiated a resolution of the case whereby the client would voluntarily surrender himself and avoid a jail sentence upon a stipulation to a probation violation where the client’s CWOF would be revoked.  Today the court agreed and the client paid a court fine to terminate his probation.

Result: Client pays fine to avoid a committed jail sentence.

 

February 28, 2014

Cambridge District Court

Knowingly Receiving Stolen Property

Possession of Class B Substance M.G.L. c.94C § 32A

Probation Warrant

The client had a warrant for his arrest hired Attorney Topazio to defend him. The client was in default of his probation for 8 months, failing to report to his probation officer and failed to provide random urine screens.  Attorney Topazio surrendered his client to the Cambridge District Court to remove the outstanding probation warrant.  Although the probation officer requested that the client be held without bail on the basis of a missed urine screen is a dirty urine screen, Attorney Topazio persuaded the court to release his client while he worked out a plan to address his client’s substance abuse problem.

Result: Case pending. The client avoids detention after defaulting on his probation.

 

February 27, 2014

Boston Municipal Court

Larceny over $250 M.G.L. c.266 §30A

Possession of a Burglarious Instrument M.G.L. c.266 §49

Probation Surrender

Default Warrant

The client was arrested outside of Nordstrom in possession of wire cutters after leaving the strore without paying for $2000.00 worth merchandise, hired Boston Criminal Attorney Steven J. Topazio to defend him. Attorney Topazio met with his client and learned that his client failed to appear at his arraignment after posting bail, which resulted in the warrant, because the client was also on probation and feared the new arrest would result in him being held in custody on a probation detainer.  Not only did the client default on the new case, he compounded his troubles when he also stopped reporting to his probation officer.  Attorney Topazio negotiated a surrender of his client that provided that his client would be released on personal recognizance and not be detained pending a resolution on both matters.  Despite the overwhelming evidence of guilt, Attorney Topazio negotiated a plea that avoided incarceration for both the untried case and probation surrender.  The client was found guilty and sentenced to 1 year probation, and although the plea violated his client’s previous BMC probation, Attorney Topazio convinced the court to accept his client’s stipulation to a violation of his client’s probation with a recommendation that the old probation be terminated, and the court agreed.

Result: The client avoids jail through negotiated plea and stipulation and termination of probation.

January 07, 2014
Boston Municipal Court
Docket # 1201CR3572; 1201CR1966
Probation Surrender
The client, a 25-year old High School graduate with a lengthy criminal record, received a notice of probation violation in the BMC after being convicted on a separate criminal matter out of the Lynn District Court where he was committed for one year to the House of Correction. Boston Criminal Attorney Steven J. Topazio represented the client on the final surrender hearing in the BMC. The client’s probation in the BMC consisted of an 18 month suspended sentence as well as multiple one year suspended sentences for several criminal matters. The client’s probation in the BMC consisted of a period of supervision ordered by the court instead of causing the client to serve time in jail. After violating his probation the client now faced the threat of receiving additional prison time as a result of the subsequent criminal conviction. Attorney Topazio’s goal was to try to get the BMC suspended sentences to at least run concurrent with the Lynn sentence his client was now serving and to avoid as best he could having the BMC sentences run from and after the Lynn sentence. Today, after lengthy negotiations Attorney Topazio was able to convince the court to terminate the 18 month suspended sentence and to impose only the one year suspended sentence concurrent with the sentence his client was then serving, nunc pro tunc (or retroactively) to the time his client began serving the Lynn sentence.
Result: Client avoids additional jail time after probation violation.

October 28, 2013
East Boston District Court
Docket # 1105CR0814
Possession with intent to Distribute Class D – Marijuana–MGL c. 94C § 32C(a)
Probation Surrender
Notice of Probation Violation and Hearing

The client, a 28 year old father of one, was on probation after pleading guilty to a drug offense and receiving a 2 year suspended sentence, when he was arrested by State Police after police smelled marijuana coming from his car. After a warrantless search, marijuana was discovered in the passenger’s belongings, and the client was charged with a subsequent possession with intent to distribute class D charge, hired Boston Criminal Defense Lawyer Steven J. Topazio to defend him. The client received a notice of probation violation where he was facing 2 years in jail upon a probation violation. Attorney Topazio attacked the underlying case alleging that marijuana found in the client’s motor vehicle that he occupied with another individual was not sufficient to charge him with possession with intent to distribute marijuana. Attorney Topazio argued that where no facts are articulated to support probable cause to believe that a criminal amount of contraband may be found in a vehicle with his passenger, then a neutral magistrate would not issue a search warrant, and therefore a warrantless search is not justified based solely on the smell of marijuana. Today, Attorney Topazio persuaded the court to find no probation violation despite the new arrest and pending criminal charges.
Result: No probation violation found.

October 09, 2013
Charlestown Division of the BMC
Docket # 1304CR0276
Utter False Prescription c. 94C § 33(b)
Probation Surrender

The client, a 25 year old college graduate, was arrested for uttering a forged prescription, hired Boston Criminal Lawyer Steven J. Topazio to represent her. Attorney Topazio learned that his client was on probation in another court and was facing a probation surrender on the other case due to the new arrest. The other case out of the East Boston District Court was a drug possession case where the client received a continuance without a finding (CWOF) and was ordered to submit to random urines and to remain drug free. The client decided to hire Attorney Topazio after her prior counsel on the probation surrender case lost the probation surrender hearing which resulted in the court vacating the CWOF and the client being committed to the house of corrections for a period of nine months. Today, Attorney Topazio convinced the district attorney to give his client a nine month committed sentence, nunc pro tunc to July 31, 2013 (the day the client was held in custody on her probation surrender case). Nunc pro tunc is a Latin phrase which means now for then. In general, a court ruling “nunc pro tunc” applies retroactively to correct an earlier ruling. Attorney Topazio argued that his client’s bad choices did not define his client, but rather his client was defined by what she had done after the bad decisions and that she should not have to serve any more time for this new crime, and the court agreed.
Result: Client receives a committed sentence retroactively so as not to serve any additional time.

October 03, 2013
Eastern Hampshire District Court
Docket # 1298CR3101
Possession Class B Amphetamines c. 94C § 34
Possession with intent to Distribute Class B c. 94C § 32A(a)
Distribution Class B Cocaine c. 94C § 32A(a)
Possession Class B Cocaine c. 94C § 34
Operating Under the Influence c. 90 § 24
Probation Surrender
College Student

The client, a 22 year old college senior, was on probation for two years after receiving a continuance without a finding on several drug related offenses, was arrested for on drunk driving charges while on probation which violated his probation, hired Boston Criminal Lawyer Steven J. Topazio to defend him. A violation of probation could result in revocation of the client’s CWOFs where guilty findings could be imposed and where the client could face up to 2 ½ hears in a house of correction and end up a convicted felon. The client had no prior record and did not want to go to jail or end up with a felony conviction on his record. Distribution of a Class B substance which the client was on probation is a felony charge. Attorney Topazio continued the final surrender so as to prepare for hearing. According to the police report, the drunken driving offense involved the client crashing and flipping his car onto its roof. Attorney Topazio wanted to negotiate a resolution of the probation violation prior to a resolution of the DUI charge due to the seriousness of the accident. Today, although the probation department was not prepared to proceed with the final surrender hearing, Attorney Topazio agreed to have his client stipulate to a violation of probation instead of continuing the hearing on the condition that his client’s CWOFs remain intact and that his client’s probation be renewed to the original date and the court agreed.
Result: Probation renewed and Client avoids a felony conviction and possible jail sentence.

July 25, 2013
Roxbury Division of Boston Municipal Court
Docket # 1202CR3523
Carry Firearm Without License M.G.L c.269 § 10
Possess Ammo M.G.L c.269 § 10(H)
Threats M.G.L c.275 § 2
Loaded Weapon M.G.L c.269 § 10
Probation Warrant

The client, a 33 year old professional and father of two, was arrested for illegally possessing a firearm, hired Boston Weapons Attorney Steven J. Topazio to defend him. The client was released on conditions of bail which included GPS monitoring and a stay away order. Immediately after Attorney Topazio was retained, the client received a probation warrant for a strap tamper to his GPS monitoring device and the prosecutor on the case filed a motion to revoke the client’s bail. Attorney Topazio filed a motion to remove the GPS monitoring device and stay away order due to changed circumstances and contested the bail revocation. Today, although Attorney Topazio acknowledged that there was a violation of a condition of his client’s release, he objected to any argument that his new client should be subject to a revocation of release and an order of detention. Despite the prosecutor’s argument that no condition or combination of conditions will assure that the client will not pose a danger to the safety of any other person or the community, Attorney Topazio persuaded the court to deny the prosecutor’s motion to revoke his client’s bail and to release his client on bail.
Result:Motion to Revoke bail denied and client released from custody. Case pending.

July 10, 2013
East Boston Division of Boston Municipal Court
Docket # 1105CR0814
Distribution of Class D (Marijuana) M.G.L. c. 94C § 32C
Probation Surrender

The client, a 28 year old father of one who was on probation in the East Boston Court for distribution of a class D substance facing a 2 year suspended sentence, was arrested in the Chelsea District Court for possession with intent to distribute a class D substance, hired Massachusetts Probation Surrender Attorney Steven J. Topazio to represent him. Attorney Topazio appeared with his client in the Chelsea District Court and procured his release from custody on personal recognizance. Attorney Topazio contacted East Boston Probation and negotiated his client’s appearance in that court in exchange of not being detained on a probation detainer. Today Attorney Topazio persuaded the court to release his client on personal recognizance pending a final surrender hearing.
Result:Client avoids detention and released on personal recognizance. Case pending.

June 11, 2013
Boston Municipal Court – Central
Docket # 0801CR1415
Probation Surrender
The client, a 34 year old college graduate, received a one year suspended sentence out of the Boston Municipal Court. Prior to the completion of his term of probation in Boston, the client was convicted and served a committed sentence out of the state of Florida, was represented by Boston Probation Attorney Steven J. Topazio. The probation department in Boston claimed the client violated his probation and requested that the client serve the suspended sentence due to subsequent criminal activity in Florida. Attorney Topazio argued that his client did not violate his probation and that the offense in Florida predated the Boston probation, and that his client’s record mistakenly appeared to have been violated due to a late filed complaint in Florida. Attorney Topazio obtained documentation from the Florida Department of Corrections, Corrections Offender Network which confirmed his point and established that his client did not violate his probation contract. Today, Boston Probation Surrender Attorney Steven J. Topazio convinced the court to terminate and discharge his client.
Result:Probation terminated and client avoids committed sentence.

March 12, 2013
Boston Municipal Court – Central Division
Docket # 1201CR3548; 1101CR5614
Probation Surrender
Notice of Probation Violation and Hearing
Shoplifting M.G.L. c. 266 § 30A

The client, a 35 year old disabled individual, was on supervised probation out of the Boston Municipal Court when she was arrested for shoplifting from T.J. Maxx, was represented by Boston Criminal Attorney Steven J. Topazio. The client received a Notice of Probation Violation and admitted herself into the Ryan House. The Ryan House is an addiction treatment center located in Lynn, MA. Today, as a result of attending 4-5 daily support groups, attending AA/NA, obtaining a sponsor, providing random urines, Attorney Topazio was able to plea his client to straight probation and stipulate to a violation of probation on the condition that his client maintain her sobriety and complete the Ryan House, and the court agreed.
Result:Client avoids jail and is reprobated provided she maintains her sobriety.

March 04, 2013
Middlesex Superior Court – Woburn
Docket # MOCR2010-00791
Probation Surrender
Notice of Probation Violation and Hearing
Armed Robbery M.G.L. c. 265 § 17
Firearm
Domestic Assault and Battery M.G.L. c. 265 § 13A

The client, a 20 year old newspaper deliveryman, was on supervised probation out of Superior Court for Armed Robbery when he received a Notice of Probation Violation after missing scheduled urine screens and for being arrested on a domestic assault and battery charge out of the Waltham court, hired Boston Probation Lawyer Steven J. Topazio to defend him. The client was released on bail including GPS monitoring pending final surrender. Attorney Topazio continued the final surrender pending the outcome of the underlying case which involved the client’s girlfriend. After meeting with his client’s supervising probation officer, Attorney Topazio rebuilt the trust that was lost between his client and his probation officer. As a result of a lack of cooperation with the girlfriend in the Waltham case, who reportedly moved to Florida, the Assistant District Attorney in the Waltham domestic assault and battery case filed a Nolle prosequi. Nolle prosequi is a Latin phrase and legal term of art meaning “do not prosecute”. Today, facing a potential life sentence for violating his probation on the armed robbery charge, Attorney Topazio agreed to have his client complete an anger management program upon a withdrawal of the Notice of Violation, and the court agreed. The court found no violation of probation.
Result: No violation of probation found and case dismissed.

February 20, 2013
Chelsea District Court
Docket # 1114CR3328
Probation Surrender
Notice of Probation Violation and Hearing
Domestic Assault and Battery M.G.L. c. 265 § 13A

The client, a 27 year old manager, admitted to sufficient facts to one charge of assault and battery after allegedly getting into a fight with his wife and then hitting her with a hamburger. The client who was not represented by counsel, admitted to sufficient facts when he appeared in court, and received a one year continuance without a finding CWOF with a condition that he completes a 40 week certified batterers’ program. The client completed 36 weeks of the 40 week batterers’ program but was terminated which violated his probation. When the client received a Notice on Probation Violation, he hired Boston Probation Lawyer Steven J. Topazio. Attorney Topazio reviewed his new client’s case and discovered that his client’s wife did not want to testify against her husband if called at time of trial, but the client never knew that his wife could invoke the marital privilege which would have resulted in the case being dismissed. Attorney Topazio attacked the final surrender by filing a Motion for New trial alleging that the Commonwealth would not have possessed sufficient evidence to convict his client if his client’s wife/complainant in the case invoked her marital privilege. Attorney Topazio further alleged that his client’s admission to sufficient facts was not voluntarily and knowingly made if the client’s wife invoked her marital privilege. Where the defendant challenges the voluntariness or intelligence of a plea, it is ordinarily the Commonwealth’s burden to show by means of a contemporaneous or reconstructed record that it was entered understandingly, knowingly, and voluntarily. Today, although unsuccessful on the motion for new trial, Attorney Topazio proceeded on the final surrender but was able to convince the court to maintain his client’s CWOF after finding a violation on the condition that he pays court costs of $250.00, and the Court agreed.
Result: CWOF preserved on payment of $250.00.

February 19, 2013
Chelsea District Court
Docket # 1014CR3516
Probation Surrender
The client, a 21 year old mother of an infant child, admitted to sufficient facts to a charge of ABDW after striking her stepmother. The client received a continuance without a finding (CWOF) with various conditions of probation including completing an anger management program, writing a letter of apology to her stepmother, and paying all court fees and fines. The client received a Notice of Violation after failing to make payments to the court. Boston Probation Attorney Steven J. Topazio met with his client’s supervising probation officer and persuaded him to continue his client’s final surrender so as to give her more time to get her affairs in order. Today, despite a balance due the court and no plan to pay over $1000.00 in court fees and costs, Boston Probation Attorney Topazio presented to the court evidence of his client’s present inability to make payments and convinced the court to remit the money due and to find no violation.
Result:No violation found and Case dismissed.

January 16, 2013
Boston Municipal Court – Central Division
Docket # 1201CR5514
Probation Surrender
Assault and Battery M.G.L. c. 265 § 13A
Disorderly Conduct M.G.L. c. 272 § 53

The client, a 44 year old laborer who was on probation, was arrested by an MBTA Transit Police Officer working in plainclothes, after the client bumped the plainclothes police officer who was trying to video record the client’s actions on his cell phone. Boston Criminal Lawyer Steven J. Topazio challenged the Prosecutor’s case on the grounds that the contact was unintentional and his client should not have been arrested. Boston Criminal Attorney Topazio argued that his client was no different than any celebrity who doesn’t want to be filmed and pushes away the paparazzi, but argued that his client never intentionally touched the undercover police officer. Boston Criminal Defense Lawyer Topazio argued that it is not enough for the Commonwealth to prove that his client acted negligently—that is, acted in a way that a reasonably careful person would not, but argued that the Commonwealth must prove that the client’s actions went beyond mere negligence and amounted to recklessness before he could be convicted. In Massachusetts, a defendant acts recklessly if he knew, or should have known, that such actions were very likely to cause substantial harm to someone, but he runs that risk and goes ahead anyway. In other words, the defendant must have intended his acts which resulted in the touching, in the sense that those acts did not happen accidentally. Today, Boston Criminal Attorney Topazio obtained convinced the Commonwealth and the Court to file the charges against his client without a change of plea, thus avoiding a trial and violation of his client’s probation.
Result: Charges filed without a change of plea and client avoids a probation violation.

December 07, 2012
Chelsea District Court
Docket # 1114CR3328
Probation Surrender
Notice of Probation Violation and Hearing
Domestic Assault and Battery M.G.L. c. 265 § 13A

The client, a 27 year old manager, admitted to sufficient facts to one charge of assault and battery after allegedly getting into a fight with his wife and then hitting her with a hamburger. The client who was not represented by counsel, admitted to sufficient facts when he appeared in court, and received a one year continuance without a finding CWOF with a condition that he completes a 40 week certified batterers’ program. The client completed 36 weeks of the 40 week batterers’ program but was terminated which violated his probation. When the client received a Notice on Probation Violation, he hired Boston Criminal Lawyer Steven J. Topazio. Boston Massachusetts Criminal Defense Attorney Steven J. Topazio reviewed his new client’s case and discovered that his client’s wife did not want to testify against her husband if called at time of trial, but the client never knew that his wife could invoke the marital privilege which would have resulted in the case being dismissed. Massachusetts Criminal Attorney Topazio attacked the final surrender by filing a Motion for New trial. Boston Criminal Defense Lawyer Topazio alleged that the Commonwealth would not have possessed sufficient evidence to convict his client if his client’s wife/complainant in the case invoked her marital privilege. Massachusetts Criminal Lawyer Topazio further alleged that his client’s admission to sufficient facts was not voluntarily and knowingly made if the client’s wife invoked her marital privilege. Where the defendant challenges the voluntariness or intelligence of a plea, it is ordinarily the Commonwealth’s burden to show by means of a contemporaneous or reconstructed record that it was entered understandingly, knowingly, and voluntarily. Today, Boston Criminal Attorney avoided a final surrender by pressing his client’s claim for a new trial, arguing that the remedy of withdrawing a guilty plea and granting a new trial is appropriate where it appears that justice may not have been done, and the Court agreed, continuing the case for argument on the motion.
Result:Client avoids probation surrender and now awaits hearing on motion for new trial.

December 04, 2012
Boston Municipal Court
Docket # 0901CR5952
Probation Surrender
Notice of Probation Violation and Hearing

The client, a 37 year old father of one, was on a probation out of the Boston Municipal Court on a 2 ½ year suspended sentence after he plead guilty to a charge of distribution of a Class B substance, was arrested again for a charge of distribution of a Class B substance out of the Wareham District Court, was represented by Massachusetts Criminal Lawyer Steven J. Topazio after receiving a Notice of Probation Violation and Hearing. Boston Criminal Attorney Topazio avoided his client being held without bail on the initial notice of violation and as a result caused his client’s case to be continued for the final surrender. Boston Criminal Lawyer Topazio appeared ready for a final surrender hearing three times on his client’s behalf, but each time the Commonwealth answered not ready for hearing and the case was continued for further hearing. Today, despite yet a forth request for a continuance of the final surrender hearing by te Commonwealth, despite the pending drug charges against his client in the Wareham District Court, Boston Criminal Defense Lawyer Topazio persuaded the court to find no violation against his client.
Result:No violation found and probation renewed to original date.

November 28, 2012
Boston Municipal Court
Docket # 1201CR2928; 1001CR8342; 1001CR8999
Probation Surrender
Notice of Probation Violation and Hearing
Attempt to Commit Crime M.G.L. c. 274 § 6

The client, a 47 year old drug dependant father of two, was held on a probation detainer after being arrested for attempting to commit larceny at the St. Anthony’s Shrine in Boston. The client initially represented himself but was detained on a probation detainer where he was facing being committed for one year, with additional time on the untried attempted larceny case. Boston Massachusetts Criminal Defense Lawyer Steven J. Topazio entered his appearance on the day of the client’s final surrender. Attorney Topazio requested a continuance of the final surrender so as to prepare his case, and the court agreed. The Client wanted to avoid being committed on the probation violation and serving his time at the South Bay House of Correction. Due to the fact that the client had served State Prison time in the past, he was currently awaiting trial in a State Prison facility at MCI Concord instead of the Nashua Street Jail. Jails are run by sheriff’s departments and are designed to hold individuals awaiting trial. Prisons are operated by state government and are designed to hold individuals after they are convicted of crimes. The client wanted to stay in MCI Concord for as long as possible where he could avail himself of the facilities services but also wanted to avoid the harsh environment of South Bay House of Correction. On the next final surrender date, Boston Defense Lawyer Topazio worked out an arrangement with the court whereby he had his client stipulate to a violation of probation but continued his client’s case three months for sentencing. In lieu of going to South Bay, the client was returned to MCI Concord. Today at sentencing, despite a request from probation to commit the client, Boston Criminal Attorney Topazio convinced the court to sentence his client to time served and to accept his client’s change of plea on the attempted larceny case of a split sentence.
Result: Client avoids one year commitment and released on probation after three months.
October 02, 2012
Boston Municipal Court
Docket # 1201CR0280
Probation Surrender
Larceny over $250 M.G.L. c. 266 § 20

The client, a 25 year old individual, was arrested and held in custody after violating the terms of his probation by failing to attend a residential program, refusing to attend CAB detox, failing to remain drug and alcohol free and for failing to report to probation was represented by Boston Criminal Defense Attorney Steven J. Topazio. The client was on probation for a felony charge (larceny over $250.00) after receiving a CWOF. Attorney Topazio met with his client’s supervising probation officer who wanted his client’s CWOF revoked and client committed for six (6) months. A revocation of the CWOF would result in a guilty finding to be imposed on the client’s record with the unfortunate consequence of transforming the client into a convicted felon. Attorney Topazio fought with the court and probation department to release his client from custody and allow him to attend a residential treatment program. Although Attorney Topazio was successful in convincing the court to order the jail where the client was being held to assist him in getting into a program, the client’s progress was slow. Today, despite the Probation Department’s recommendation for a six (6) month committed sentence, Attorney Topazio convinced the court to accept his client’s stipulation to a violation of probation, without revoking the CWOF, and to release his client from custody after terminating the remainder of his probation.
Result: Probation terminated after stipulation to a violation and CWOF preserved preventing client from being ruled a convicted felon.

August 13, 2012
Boston Municipal Court
Docket # 1101 CR 0250
Surrender
Larceny over $250 M.G.L. c. 266 § 20

The client, a 22 year old high school graduate, was arrested and held in custody after violating the terms of his probation by failing to remain drug and alcohol free and for failing to complete a substance treatment program, was represented by Boston Criminal Defense Attorney Steven J. Topazio. Attorney Topazio met with his client’s probation officer who wanted to commit his client after he was being discharged from north cottage rehab facility. Prior to the final surrender hearing, Attorney Topazio was instrumental in getting his client admitted into Project Turnabout in Hingham Mass. Today Attorney Topazio persuaded the probation department to release his client to Project Turnabout in lieu of sending him to jail, and the Court agreed.
Result:Client released from costumed, reprobated and avoided jail.

July 31, 2012
Boston Municipal Court
Docket # 1101 CR 2125
Larceny from a Person M.G.L. c. 266 § 30
Probation Surrender

The client, a 19 year old high school student, was detained on a probation detainer after he failed to report to probation, pay restitution, or comply with his probation officer, was represented by Boston Criminal Defense Attorney Steven J. Topazio. Attorney Topazio met with the supervising probation officer and negotiated a resolution of his client’s case. Today, Attorney Topazio convinced the court to release his client from custody, renew his probation and renew his client’s disposition of CWOF instead of changing the CWOF to a guilty finding on the added conditions that his client’s probation be extended and that he remain drug and alcohol free.
Result:Client released from custody and disposition of CWOF renewed.

July 17, 2012
Boston Municipal Court
Docket # 1101 CR 4145; 1001 CR 6652
Malicious Destruction of Property M.G.L. c. 266 § 127
Possession to Distribute Class D M.G.L. c. 94C § 32C
Drug Violation Near School/Park M.G.L. c. 94C § 32J
Probation Violation

The client, a 32 year old businessman, who was on probation, was arrested after jumping onto the hood and roof of a motor vehicle damaging it after police observed the client scratch a lottery ticket and scream into the air “YEEESSSS!!!!” The police asked the client how much he won on the scratch ticket then arrested him after they observed a large dent on the vehicle. After being arrested the client was found to be in the possession of Marijuana. Boston Criminal Defense Attorney argued that the client could not be found guilty of malicious destruction of property as the Commonwealth could not prove that the client acted willfully and with malice as required by statute when the car was damaged, and thus could not be convicted. An act is willful if it is done intentionally and by design, in contrast to an act which is done thoughtlessly or accidently. An act is done with malice if it is done out of cruelty, hostility, or revenge. Celebrating after winning a scratch ticket and then damaging the automobile is wanton behavior. An act of destruction is “wanton” if the person was reckless or indifferent to the fact that his conduct would probably cause substantial damage. Someone acts “wantonly” when he consciously disregards, or is indifferent to, an immediate danger of substantial harm to other people or their property. Today at trial, Attorney Topazio convinced the court to dismiss all charges against his client and caused probation to withdraw the probation violation notice.
Result: Case Dismissed and probation renewed to original date.

July 10, 2012
Boston Municipal Court
Docket # 1201 CR 2175; 1201 CR 2524; 1101 CR 2978

Trespass M.G.L. c. 266 § 120
Probation Surrender

The client, a 34 year old college graduate, was on probation and given a notice of Probation Violation Hearing after being arrested for Trespass. Although initially released on personal recognizance to appear at his final probation surrender hearing, the client was arrested again for trespass and held without bail on a probation detainer. When you are held on a detainer you are held without bail. You are not entitled to a bail appeal to Superior Court to review the detainer and you cannot get out of jail by posting bail. You must instead get your detainer lifted by the judge who held you on the detainer, or get the detainer lifted by the judge who will preside over your final surrender hearing, provided you are lucky enough not to be committed by that judge. Today, Boston Criminal Defense Attorney Steven J. Topazio convinced the Court to reprobate his Client after a plea of guilty time served on each trespass charge despite the Commonwealth’s recommendation to commit his client.
Result: Detainer lifted and Client re-probated and released from custody.

June 18, 2012
Boston Municipal Court
Docket Number 0801CR7151
Probation Surrender
Sex Offender Fail to Register, M.G.L. c. 6 § 178H

The Client, a 40 year old with a criminal record which includes a sex offense in the State of Maine, was on probation in Massachusetts for failing to register as a sex offender here, was detained and held without bail when arrested again in Massachusetts for failing to register. The sex offender registration statute imposes different registration requirements on sex offenders depending on their circumstances and their classification level. For example, a sex offender moving into Massachusetts must initially register with the Sex Offender Registry Board on a Board-approved form within 2 days, while a sex offender moving out of Massachusetts need only “notify” the Board of his or her change of status within 10 days. Level 2 or 3 offenders must appear at the police department in the community where they live to verify their registration data or to notify the Board of certain changes in their status. Today, despite the probation departments request to commit the client for six months, Attorney Topazio was able to convince the Judge to re-probate his client only after agreeing to stipulate to a violation of lesser technical violations, instead of stipulating to failing to register.
Result:Probation renewed to original date and Client released from custody.

June 01, 2012&
East Boston District Court
Docket # 0805CR1236
Probation Surrender
Warrant
Larceny From the Person
ABDW

The Client, a 25 year old telemarketer, who was on probation for four years after serving a two year committed sentence for ABDW, received a Notice of Probation Violation and Hearing from his probation officer when he was thrown out of his drug rehabilitation program for allegedly dealing heroin. When the Client failed to appear at the initial final hearing, a warrant issued for his arrest. After several months of being on the lam (or on the run), the Client was held without bail on a probation detainer after being arrested on a new drug related offence, hired Boston Criminal Defense Attorney Steven J. Topazio to represent him. Attorney Topazio met with his Client at the Nashua Street Jail and discussed his options with him. Attorney Topazio next met with his Client’s supervising probation officer who was adamant that at the final surrender she would recommend to the court that the Client receive a two year committed sentence due to his lengthy criminal record. Today, Attorney Topazio appeared at the final surrender hearing with his Client and instead of having a final hearing, stipulated to a violation and despite probation’s recommendation that his client serve a two year committed sentence, Attorney Topazio convinced the court to commit his client for nine months, remit over $1200.00 in fees the client owed the court, and to give his Client credit for time held in custody.
Result: Client avoids a two year commitment as recommended by probation and receives a nine month sentence.

White Collar Crime
Default Warrant
Probation Surrender
Credit Card Fraud under $250 M.G.L. c. 266 § 37(b)

The client, an out of state 41 year old PGA golf teaching professional, hired Attorney Topazio to represent him after he was notified by the Department of Motor Vehicles in Washington State that his right to operate a motor vehicle was suspended in that state due a default warrant in Massachusetts. Attorney Topazio investigated the matter and discovered that the client had pled guilty in 1994 and received a 6 month suspended sentence with an order of restitution which his client was now in default on with a warrant for his arrest. Attorney Topazio acquired documentation of the client’s whereabouts and provided same to the court. Today, Attorney Topazio filed a motion requesting that the court waive his client’s presence and to recall the warrant and to restore the case to the court’s calendar, which was granted. As a result of this initial court ruling, Attorney Topazio was provided with a Notice of Warrant Cancellation for his client. Attorney Topazio next pointed out to the court that the restitution order triggered the default warrant because it was never paid but that if restitution was to be made now it would be to a bankrupt corporation. Attorney Topazio argued to convert the restitution order to court costs so as to avoid a probation surrender hearing, and the court agreed. The case was continued pending payment of the court costs in lieu of the client having to return to Massachusetts and face a probation surrender hearing where he could have received a 6 month House of Corrections sentence for violating the terms of his probation.
Result:Warrant recalled and case to be dismissed upon payment of court costs in lieu of client having to return to Massachusetts and facing a probation surrender hearing.

January 13, 2012
Milford District Court
Docket # 1066CR0853
Probation Surrender
Modification of terms of Probation

The client, a 31 year old sprinkler installer, was on probation when a warrant issued for his arrest after the client stopped reporting to his assigned probation officer, and failed to submit to random urine tests, hired Boston Criminal Defense Lawyer Steven J. Topazio. Attorney Topazio met with his client and contacted his client’s probation officer to negotiate a compromise where his client could be surrendered and released pending a final surrender hearing. Attorney Topazio obtained his client’s employment records and verification of substance abuse treatment, and provided verification to the probation officer. On November 7, 2011, Attorney Topazio convinced the court to release his client on personal recognizance pending a final surrender hearing. During the Court hearing, Attorney Topazio requested that in lieu of surrendering his client, that the court modify the terms and conditions of his client’s probation. Attorney Topazio pointed out that since being on probation, his client had completed everything that had been required of him and was substance free, with no dirty urine tests, despite being tested twice per month. Today, Attorney Topazio convinced the court to withdraw the violation of probation, and to modify his client’s terms and conditions of probation by reducing the twice monthly urine tests to once per month and by reducing his requirement to attend AA five times per week to twice per week.
Result: Probation violation withdrawn and client’s terms of probation modified.

November 07, 2011
Milford District Court
Docket # 1066CR0853
Probation Surrender
Probation warrant

The client, a 31 year old sprinkler installer, was on probation when a warrant issued for his arrest after the client stopped reporting to his assigned probation officer, and failed to submit to random urine tests, hired Boston Criminal Defense Lawyer Steven J. Topazio. Attorney Topazio met with his client and contacted his client’s probation officer to negotiate a compromise where his client could be surrendered and released pending a final surrender hearing. Attorney Topazio obtained his client’s employment records and verification of substance abuse treatment, and provided verification to the probation officer. Today, Attorney Topazio convinced the court to release his client on personal recognizance pending a final surrender hearing.
Result: Warrant withdrawn and client released on personal recognizance. Case pending.

September 22, 2011
Chelsea District Court
Docket No.: 1014CR2955
OUI – DUI – DWI c. 90 § 24
Probation Surrender Hearing

The Client, a 33 year old licensed electrician, who had received a CWOF on a drunk driving offense and was required to complete an alcohol education program as a condition of his probation, received a Notice of Probation Violation and Hearing form his probation officer when he was thrown out of the 24D program and also found to be abusing prescription pain killers, was represented by Criminal Defense Attorney Topazio. Attorney Topazio met with his Client’s probation officer in an attempt to get his client back into the 24D program and argued to prevent his client’s CWOF from being revoked if his client stipulated to a violation of his probation. Today, despite his Client’s Probation Officer’s opposition, stipulated to a violation of probation, and Attorney Topazio persuaded the Court to extend his Client’s term of probation by 2 months, instead of revoking the CWOF and imposing a guilty finding, which would have caused a one year suspension of his client’s right to operate a motor vehicle, provided his client reenter and complete the 24D program during that time.
Result:Client stipulates to a violation of probation yet preserves his CWOF.

July 19, 2011
Dedham District Court
1054CR1826
Violation of Probation
The defendant, who had previously admitted to sufficient facts and received a CWOF to a drug offense for possession of a Class D substance and placed on probation in the Dedham District Court, was arrested on a possession of a Class B substance charge out of the Wrentham District Court while on that probation and faced a probation surrender, hired Attorney Topazio. Attorney Topazio was confronted with the dilemma at the initial probation surrender hearing in convincing the court not to detain his client pending the final surrender hearing. The probation officer was recommending detention which the court had indicated it was inclined to follow. Attorney Topazio argued that the police report on the underlying charge, the main basis of the violation, was the result of an unconstitutional stop. A further condition of his client’s probation was that he was to remain drug free, a factor that had yet to be determined but was of greater concern for the court. Attorney Topazio learned that upon his client’s arrest that the Wrentham Court had his client drug tested and that the test results would probably come back positive, an additional basis to surrender his client. Attorney Topazio realized that if his client were detained, that detention would cost him his liberty, job, and integrity. In lieu of continuing his client’s case for a Final Surrender Hearing, which was his client’s constitutional right, and risk detention, Attorney Topazio conferenced the case with the court and suggested that if his client’s probation were renewed, the CWOF not vacated, and his client not detained, that his client would waive the final surrender hearing and stipulate to a violation on the added condition that his client submit a substance abuse evaluation, and the court agreed. Guilty findings on any drug charges would have resulted in the collateral consequence of causing a license suspension, and expose his client to up to 2 ½ years’ incarceration. Today, Attorney Topazio persuaded his probation officer and the judge not to commit his client despite the subsequent drug offense, but to allow his Client to stipulate to a violation and to renew his probation to the original date, thus preserving the CWOF and his client’s driving privileges.
Result: Client is placed back on probation and avoids incarceration despite the stipulation to a probation violation to a similar criminal charge.

December 10, 2010
Suffolk Superior Court
06-10963-001
Probation Surrender Hearing
Recall of Default Warrant
Unarmed Robbery

The defendant, who was on probation out of Suffolk Superior Court, hired Boston Criminal Defense Lawyer Steven J. Topazio to represent him when he received a notice of surrender and hearing for alleged violations of his probation. The defendant allegedly violated his probation when he picked up a new criminal offense and as a result stopped reporting to his probation officer out of fear that he would be incarcerated. Boston Criminal Defense Lawyer Steven J. Topazio contacted his client’s probation officer and arranged to have him voluntarily surrender himself. By accompanying his client when he appeared in court to remove the default warrant, Boston Criminal Defense Lawyer Steven J. Topazio was prepared to argue against revoking his client’s recognizance or holding him on bail. Today, as a result of thorough preparation and being able to control the circumstances of his client’s surrender, Boston Criminal Defense Lawyer Steven J. Topazio was able to convince the court not to hold his client on bail despite being arrested while on probation and being in default and on the run for several months.
Result: Default warrant recalled and defendant released on personal recognizance pending final probation surrender hearing. Case pending.

August 20, 2010
Suffolk Superior Court
07-10889-003
Violation of Probation
The defendant, who had previously been found guilty of two drug offenses and placed on probation in Suffolk Superior Court, was arrested on a felony larceny charge while on that probation and faced a probation surrender, hired Attorney Topazio. Attorney Topazio was successful at the initial probation surrender hearing in convincing the court not to detain his client pending the final surrender hearing. Once he caused his client to be released on his own recognizance, Attorney Topazio obtained the police report on the underlying charge which was the main basis of the violation and attacked the strength of that case. Over the course of several months, Attorney Topazio counseled his Client and negotiated with his probation officer. The Final Surrender Hearing is a court proceeding where the probation officer tries to convince a judge, using a preponderance of the evidence standard, that you have violated your probation. The probation officer tries to prove his case by introducing evidence of the alleged violations. Common examples of evidence used at a Final Surrender Hearing are the probation officer’s own observations, testimony of live civilian and law enforcement witnesses, drug test results, and police reports. One major difference between a criminal trial and a probation surrender hearing is the level of proof the Commonwealth has to meet. In a trial, the prosecutor must convince the finder of fact (the judge or the jury) that the defendant is guilty beyond a reasonable doubt. In a probation surrender, the probation officer must convince the judge that the probationer violated his probation by a preponderance of the evidence, which is a much lower standard than proof beyond a reasonable doubt. . Today, Attorney Topazio persuaded his probation officer and the judge not to commit his client despite the pending felony charge against his client, but to allow his Client to stipulate to a violation and to renew his probation to the original date.
Result:Client is placed back on probation and avoids incarceration despite the stipulation to a probation violation

June 21, 2010
Brookline District Court
9809CR0221
Warrant
Probation Violation

The defendant, who was living in Hawaii, could not renew her license when she found out there was an outstanding warrant for her arrest in the Brookline District Court, hired Attorney Topazio to represent her. Attorney Topazio went to the Brookline Court and discovered the warrant was for defaulting on a probation case. Attorney Topazio met with the Probation Officer assigned to his client’s case to see if the case could be resolved without his client having to appear because she was stuck in Hawaii and could not travel without identification. Today, Attorney Topazio appeared in the Brookline District Court and caused the Court to recall the outstanding warrant against his client in her absence, and caused fines to be paid so as to allow the court to close the case against his client.
Result:After hearing client’s appearance waived, default warrant withdrawn and case closed.

May 25, 2010
Lowell District Court
0811 CR 6509
Motion to Terminate Probation
The defendant, who was on probation, wanted to terminate his probation early, and hired Attorney Topazio. On May 12, 2009, the defendant pled guilty to the lesser included offense of Assault and Battery and was placed on probation for two (2) years to May 12, 2011, with conditions of probation that included, among other things, random alcohol and drug testing, and counseling. Attorney Topazio contacted his client’s therapist and learned that his client completed all the behavior modification and parenting skills that he had worked on with his therapist during his therapeutic sessions and obtained a report confirming same. Attorney Topazio contacted his client’s probation officer and negotiated with her and reached an agreement that she would not oppose his client’s motion to terminate. Attorney Topazio filed a motion to terminate his client’s probation and argued in court that his client had met all the terms of his probation and was in compliance with the terms of his probation since May 12, 2009 and that all the goals of probation were met and requested that his client’s probation be terminated early. Despite the lack of opposition form probation, the court took no action on the motion to terminate probation and suggested that the motion be argued at a later date because the court reasoned that not enough time had gone by to allow the motion at that time. Nevertheless, the Court acknowledged the defendant’s progress and rewarded him by vacating all conditions of probation, and further ordered that the supervised probation be changed to limited supervision, with no reporting and vacating all remaining payments.
Result:No action on Motion to Terminate Probation subject to argument at a later date but all conditions of probation vacated and supervised probation converted to limited probation with no reporting.

November 16, 2009
Chelsea District Court
0814CR1476
Probation Violation
Motion to Revise and Revoke
Aggravated A&B M.G.L. c. 265, § 13A(b)