Legal Question in Criminal Law in Massachusetts

it depends on the initial disposition, your criminal history and other personal and social factors. If you have any concern or fear at all, you should retain and consult an attorney.

You can also contact me.

I take it that you were convicted of drug distribution and, while on probation for that charge, was arrested for larceny. The probation department only needs to show, be a preponderance of the evidence, that you violated the terms of your probation and commiting a new crime is always a violation. If found in violation, the judge has broad discretion on what to do. The judge can keep the terms the same, add new terms, extend the time period of the probation, or sentence you to jail for a term up to the statutory maximum of the charge that you are serving probation on. You say that you are on probation for "distribution." If for drug distribution, you likely served time in jail. Is there a suspended sentence hanging over your head? If so, if you are found in violation, the judge need not sentence you to jail but, if the judge does, he must sentence you to the sentence suspended. Given that the judge has broad discretion and given that the judge will look to the probation officer for a recommendation, my advice is to treat your probation officer as respectful as possible and hire an attorney. I am a former ADA and would be happy to discuss the matter with you further if you wish.

Bill Harrington, 617-426-7400.