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Beware violating MA Probation Could Lead to More Jail or Prison

Contact Attorney Jason Chan

Attorney Jason Chan

267 North Beacon Street, Suite 3
Boston MA 01235


Phone: 781-343-1DUI (781-343-1384)
Fax: 617-226-7986

Beware of train sign

Beware of train sign taken by Ian Britton: Freefoto.com

Most people would rather be on probation than be in jail.  Therefore, most are willing to accept any terms on probation to avoid jail time.  The problem arises when the person violates probation.  If probation is violated, it is possible to serve more jail time than a straight committed sentence.  Like the sign above not being aware of your terms of probation could have devastating effects. 

A straight committed sentence is when a person is committed to jail for a certain period of time.  It is understandable that people want to get out of jail so they want probation.  The problem occurs when people violate the terms of their probation and end up back in court.

If a person is found in violation of their probation, the judge can sentence the violator to the maximum sentence for each charge they are on probation for.  Technically if a person has 4 different charges they are on probation for, and if each charge carries a sentence of up to 2 ½, then a person could be in jail for up to ten years.  Now it is uncommon to see a judge, especially in district court to sentence a violator to serve a sentence consecutively, or one after another.  It is more common to see a judge allow a person to serve their sentences together or concurrently. 

 However, the issue still remains that under certain circumstances a short committed sentence may be better in the long run than probation.  If a person knows that they are not a good probation candidate and they are just going to end up violating then a straight committed sentence may be the way to go.  In the end, doesn’t it make sense to be in jail for a shorter amount of time right away verses a much longer period of time down the road?  This is something that you should consider prior to agreeing to probation. 

For more information:

 http://www.jud.ct.gov/faq/adultprob.html

http://www.mass.gov/courts/courtsandjudges/courts/juvenilecourt/violation-probation-order.pdf

http://www.leg.state.fl.us/statuTes/index.cfm?App_mode=Display_Statute&URL=Ch0948/titl0948.htm

http://www.criminal-law-lawyer-source.com/terms/probation-violation.html

http://www.delsignoredefense.com/lawyer-attorney-1426070.html

http://www.mckennapc.com/PracticeAreas/ProbationViolation.asp

http://www.topaziolaw.com/PracticeAreas/Clerk-Hearings-Probation-Hearings.asp

http://www.expertlaw.com/library/criminal/sentences.html

For more information: visit www.attorneychan.com or contact me at 508-808-8902


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