Legal Question in Criminal Law in Massachusetts

Not necessarily. A probation violation works off of a different standard that a regular criminal case. In a criminal case, the evidence must be "beyond a reasonable doubt" to be found guilty of the new charge. However, the probation department only needs to prove "by a fair preponderance of the evidence" that you committed the assault in order to find you in violation of probation. Much depends on what your probation officer chooses to do about this, and how far he or she will pursue the violation (also called a surrender). In other words, you may be found not guilty of the misdemeanor, but still in violation of probation. If you are found in violation, the court can keep your probation the way it is, make the probation more strict, or revoke your probation and send you to jail. For a first offense OUI, unless there was an accident with injuries, jail is unlikely.

If your probation officer is complaining that you violated the terms of probation (which he most likely is), then the court will decide, by the preponderance of the evidence whether you are in violation. If found in violation, the court has wide discretion in deciding what to do, from simply continuing probation under the same conditions, adding conditions, extending the term, or incarcerating you. Since a violation need only be shown by a preponderance of the evidence, a not guilty in the criminal matter does not effect it. Also, the probation matter will be heard most

likely before the trial on the new criminal charges.

This is a matter you should be discussing with the attorney representing you on the assault charge. If you haven't yet retained one, you should do so immediately and confide only in that attorney. Good Luck!