Can I be found in violation of probation based on a new criminal charge, if the new charge is dismissed or I am found Not Guilty?
Massachusetts Probation Violations
Massachusetts Probation Attorney
Q: If I am arrested while on probation, can I still be found in violation of my probation if the new charge is dismissed or I am found "Not Guilty"?
Yes. In order to be found in violation of the terms of your probation, your probation officer only needs to convince the Court that there is "probable cause" that a violation occurred. An arrest, in and of itself, is generally a violation of the terms of your probation, regardless of the outcome at trial. However, a skilled defense attorney can often maneuver your cases so that the Court in which you are on probation "tracks" the new offense. This way, if your attorney has reason to believe that your new case might eventually be dismissed, or a "Not Guilty" finding is likely, he has a much stronger position to argue that you should not be found in violation of your probation. I have been successful in working out this type of arrangement. Additional factors in determining whether the Court will find you in violation of your probation include the nature of the new charges, prior criminal record, and evidence that you are otherwise abiding by all other conditions of probation.
For more information on Massachusetts probation violation/ surrender hearings, click here