In a recent opinion coming out of an appellate court in Massachusetts, the court ruled that attaching a GPS monitoring device to a criminal defendant, even during that defendant’s probation, is inherently unconstitutional. In this case, the Commonwealth argued that it needed to attach a GPS to a defendant that…
The Massachusetts Supreme Judicial Court recently issued an opinion in a defendant’s appeal regarding a violation of probation case. According to the court’s opinion, in 2015, the defendant pleaded guilty to battery on a child under fourteen, indecent assault, and child pornography possession. A judge sentenced the defendant to five…
Recently, a state appellate court issued an opinion in a Massachusetts violation of probation hearing that was premised on the defendant’s alleged possession of an unlicensed firearm. The case presented the court with the opportunity to discuss the quantum of evidence necessary to sustain a violation of probation. The Facts…
In Commonwealth v. Wallace, the defendant appealed from a sentence that was imposed when his probation for an unarmed burglary was revoked. He’d pled guilty, but the court denied his motion to withdraw the plea. The case arose when the defendant entered a home one night and stole various effects…
In Commonwealth v. Polito, a Massachusetts appellate court considered the case of a defendant found in violation of his probation. The case arose on an afternoon in August 2009, when a police officer responded to a report of domestic battery and assault. The officer saw that the victim was shaking…
A little known fact within the Massachusetts criminal justice system, is the potential for any criminal defendant to be put on pretrial probation in lieu of criminal charges. You read that right, any potential defendant.The relevant statute reads as follows: The superior court, any district court and any juvenile court…
Are you facing a probation surrender hearing in any Massachusetts court because you were arrested or charged with a new criminal offense? Did your probation officer give you notice to attend an initial probation violation hearing because you allegedly violated the law or a general or specific term included in…