Legal Question in Criminal Law in Massachusetts
Violating Probation
my boyfriend was charged with assault and battery. He is also on probation. He is in jail right now fo the probation violation until the pretrial. If the charges are dropped for the assault and battery, what can happen with the probation violation? will he go back to jail or will his probation get extended. He has never been charged with assault and battery before and was on probation for an OUI.
2 Answers from Attorneys
: Violating Probation
it depends on the charge for which he is on probation, his history, the probation officer, and the judge.
In the worst case scenario, he could be violated and order to serve a sentence for the underlying crime(s).
If you have any questions, or is that you J.S.?
Re: Violating Probation
The probation violation proceeding kind of takes on a life of its own, even though the A/B charge and the probation violation were caused by the same incident. The probation violation hearing could end up being a mini-trial of the A/B charge, but ONLY for the purpose of the probation matter. Then there is the right to another FULL trial on the A/B charge, this time for the purpose of resolving the A/B charge.
What happens depends to a large degree on the strength of the new A/B matter. If it is a weak case, both the A/B charge and the probation violation are likely to be dismissed. It also depends on whether both matters are in the same court, who the probation officer is, the judge, and your boyfriend's record.
Call or email me if you have any additional questions, consultations are free.
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