Legal Question in Criminal Law in Massachusetts

Probation Violation???

In Oct.2004, I was arrested for assault and battery. To make it short, I received 1 year probation. I was told by the DA that I was not required to take any drug tests, go to any programs, etc, and that I did not have to report (except for the 1st time- which I did). I was then ordered by the judge that I had to find a job in 70 days from the date of the sentencing, which was Jan.7 04- that would make it March.18 04. If I could not find a job by the end of that, then I was told to contact a man from a resource center (they gave me his number, etc.) and receive help from him to find a job. On March 16 04, I received a notice of probation violation and hearing for not reporting/not getting employment. I tried to contact my p/o and left a message, but she didn't call back. On March 18 04 (70th day) I called and left a message for the man I was supposed to contact. The only probation sheet that I received didn't even have the date for which I was supposed to contact the man. All it said was ''other conditions: to contact (the man)''. The sheet also had a list of conditions. On it, it says I must comply with the items (such as reporting), unless struck out by a judge. Do I have any legal rights and what should I do?


Asked on 3/19/05, 10:24 pm

2 Answers from Attorneys
George Davis Law Office of T. George Davis, Jr.

Re: Probation Violation???

It sounds like you and the probation officer have a different understanding of what the judge ordered. The official record of what the judge ordered is logged in the docket for your case. I suggest that you contact the clerk's office in the court where your hearing occurred, and find out from them what the docket says the judge ordered. If it unequivocally confirms your original understanding, you should be able to present that information to the probation officer and get squared away by correcting her misunderstanding. If the docket does NOT confirm your orignal understanding, however, then you may be facing an entirely different situation altogether, with the possibility that you might, in fact, be in violation of the terms of your probation. However, until you obtain the information from the docket, it's difficult to say where you stand.

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Answered on 3/20/05, 11:30 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Probation Violation???

The docket is the best evidence of the condition. The probation contract is additional evidence. Finally, you can do one or more of the following:

1. Get a copy of the tape; or

2. Bring the matter before the court on a motion to correct the record, and ask the court to review the tape of the proceedings.

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Answered on 3/20/05, 12:29 pm


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