O'Brien Law Boston

Surrender Hearing – Probation Violation, Charlestown District Court

JURISDICTION:

Charlestown District Court

CASE NAME:

Withheld

CASE DETAILS:

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. The Probation Department requested the following:

  1. That a Guilty Finding be entered on the defendant’s Bureau of Probation Record;
  2. That the Charlestown District Court assess a fine of approximately one thousand dollars ($1,000);
  3. That the defendant perform a comprehensive, sixteen week Alcohol Education Program, and assume all costs associated there with; and,
  4. That the Court impose a one year license suspension.

Massachusetts Criminal Defense Lawyer Vincent A. Tofani aggressively argued that the burdens of production and proof rest with the Commonwealth, and the record contained insufficient evidence to support the alleged violation of probation. Attorney Tofani further presented to the Court a variety of mitigating circumstances surrounding the allegations, including a number of the defendant’s redeeming qualities. In light thereof, Attorney Tofani recommended that:

  1. The Default Warrant be removed;
  2. The outstanding criminal case be Dismissed;
  3. The Court find No Violation of Probation, and the defendant’s probation be immediately terminated; and,
  4. The Court impose no fines or license suspension.

Massachusetts Criminal Defense Lawyer successfully argued that the Commonwealth failed to satisfy their burden, and no violation of probation occurred.

DISPOSITION:

The Charlestown District Court accepted the recommendations of the Massachusetts Criminal Defense Lawyer. The Court found: No Violation of Probation; Removed the Default Warrant; Terminated Probation; Dismissed the Open Criminal Case; and, imposed no fines, license suspension or any additional sanctions.