Legal Question in Criminal Law in Massachusetts

A probation officer only has to prove a violation of probation by a "preponderance of the evidence", which is a lower standard than "proof beyond a reasonable doubt" required to obtain a conviction at a trial. With the different standards of proof, it is entirely possible to be acquitted on the new criminal trial and still be found in violation of probation. The defendant essentially faces exposure on two fronts: the 18 months suspended on the probation matter and the penalty on the new charges.

In the situation you describe where the probation officer is seeking a lengthy prison sentence, the defendant does not have much to lose by fighting the alleged probation violation,and very much to gain. The fact that he is compliance with all other terms of probation is immaterial to whether or not is is found in violation, although it will have some impact on sentencing if a violation is found. He should definitely hire an attorney to best defend him at the violation hearing and against the new charges.