Probation Violation/ Surrender Hearings

If you receive a surrender notice, this means that your probation officer has reason to believe that you violated the terms of your probation. A surrender notice can be issued for any violation of the terms, even if you made an honest mistake.

Some common violations include:

• Missed payment to probation or the court
• Missed a scheduled court appearance
• Failure to report to your probation officer as required
• Missing or failing a drug/ alcohol screen
• Failure to attend a court-ordered class or community service
• Failure to pay restitution or child support
• Failure to maintain employment or enroll in school as required
• Violation of a court-order to stay away from a particular person or place
• New criminal charges against you
• Failure to notify probation of address or employment change

If you receive notice of a surrender hearing, contact a criminal defense attorney immediately. If the judge finds you in violation of your probation, he could revoke your probation and sentence you to jail, up to the maximum penalty under the law. If you currently have a suspended sentence, then the judge has no discretion- if you are found to be in violation of your probation, you WILL be sent to jail to serve that sentence. If you are currently on probation with a CWOF, then a violation may turn that CWOF into a “Guilty” finding with all of the consequences of a criminal conviction for that offense. It is important that your criminal defense attorney fully investigates the nature and circumstances of the alleged violation, conference the matter with your probation officer, and put forth a vigorous defense before the judge in order to preserve your freedom.

If you received a probation surrender notice, contact our office immediately:

(617) 830-2188