Surrender Hearing – Probation Violation


Charlestown District Court




The Charlestown District Court issued a Warrant following an alleged violation of terms of probation in 1986. The defendant had entered into a probation contract, and agreed to participate in a sixteen week Alcohol Education Program. The Charlestown Department of Probation alleged that the defendant failed to attend the required program, and owed outstanding supervision fees related to the probation contract.

Attorney Vincent Tofani advised the Clerk Magistrate and the representative for the Massachusetts State Police that a number of mitigating circumstances surrounded the alleged civil motor vehicle infraction. Attorney Tofani advanced arguments grounded in principles of both equity and Massachusetts common law, ultimately supporting the dismissal of the citation. Massachusetts Criminal Defense Lawyer successfully argued that the Massachusetts Uniform Citation should be dismissed and the assessment should be forgiven.


The defendant was found Not Responsible, and the Massachusetts Uniform Citation was dismissed. The defendant’s license to operate a motor vehicle was not suspended, and no fine was assessed. This disposition also prevented any increase in the defendant’s insurance premiums related to the alleged incident.