If someone has violated their probation they will likely have to undergo the probation surrender process. A probation surrender is a formal administrative hearing that occurs when a defendant placed on either supervised or unsupervised probation is accused by the probation department or probation officer of violating the terms and conditions of his or her probation. If there is going to be a probation surrender the probation department will notify the probationer by mailing a letter to the probationer. The letter will provide a description of the alleged violation along with an order requiring the probationer to appear for a formal hearing at a specific time and date. A defendant has a right to have an attorney present at the probation surrender hearing.
A probation surrender is a formal administrative hearing that occurs when a defendant is placed on either supervised or unsupervised probation and the probation department or probation officer alleges that the probationer has violated the terms and conditions of his or her probation. In the event of a probation surrender the probation department will notify a probationer by mailing a letter to the probationer. The letter will provide a description of the alleged violation along with an order requiring the probationer to appear for a formal hearing at a specific time and date. A defendant has a right to have an attorney present at the probation surrender hearing. Your attorney will be able present evidence in your behalf at this hearing.
Unfortunately, many people abuse the system in an attempt to obtain restraining orders for illegitimate purposes. Often times a jilted lover will seek a restraining order out of spite or a spouse will seek a restraining order during a divorce in order to strength their position in the event of a custody battle. Unfortunately most people don’t realize the potential consequences that can result from a having a restraining order filed against them. If someone gets a 209A restraining order issued against you then your name will be entered into the national criminal database despite the fact that this a civil matter and not a criminal matter.
The prosecution has to show the defendant engaged in a pattern of conduct. Not only does the prosecution have to show that the defendant engaged in three incidents of harassment but that all three were directed at the alleged victim and that the alleged victim knew that each of three incidents was directed at him or her. So if a defendant made loud disparaging remarks about the alleged victim to another person believing that the alleged victim was not around to hear them then this wouldn’t be considered conduct specifically directed at the victim. In order for conduct to be specifically directed at a victim the conduct has to be addressed to the victim in the form of a face to face exchange. So a phone call, email, letter, text message, or facebook comment that was sent to the alleged victim would constitute conduct specifically directed at the victim. However, an email sent to someone else who then took it upon themselves to forward the email to the victim would not constitute direct conduct.
Disturbing the peace is a crime against public order and it is a misdemeanor crime. In order to obtain a conviction for disturbing the peace the prosecution must show that the defendant (1) engaged in disruptive behavior that a reasonable persona would find reasonably disruptive (2) the defendant acted intentionally (3) the defendants conduct took place in or near a public place (4) the defendant infringe on the right of one person to live undisturbed.
Disturbing the peace is a very broad charge and many types of conduct could warrant an arrest for disturbing the peace. A police officer can exercise his or her discretion when deciding whether or not to make an arrest for disorderly conduct. Often police don’t have all the facts at the time of an arrest. Often times we are able to present the officer and prosecutor with additional facts that weren’t available to the officer at the time of the arrest which, if known to the officer would have led him not to make the arrest.
Massachusetts General Laws Chapter 266 section 127 makes it a crime to willfully (intentionally by design and not by accident or carelessness) and maliciously (out of revenge, hostility or cruelty) destroy the property of another. Someone can be charged with either malicious destruction of property over $250 or malicious destruction of property under $250. Wanton destruction of property is separate less severe crime charge…