Our client was given a notice that they allegedly violated their probation in Massachusetts. We filed a Motion for No Violation of Probation to be found prior to the Final Probation Surrender Hearing. In the Motion, we argued that “a defendant can be found in violation of a probationary condition only where the violation was wilful. . .” Commonwealth v. Henry, 475 Mass. 117, 121 (2016). In addition, the terms must be doable for a person in probationer’s circumstances. Buckley v. Quincy District Court, 395 Mass. 815, 817 (1985).
We went before the Judge and he read our Motion. He agreed that in this circumstance that our client was not in violation of their probation. The client’s probation was terminated as a result.
Attorney David Ellison is the Founding Attorney of Ellison Law LLC.
Attorney Allyson Quay is an Associate Attorney for Ellison Law LLC.
Attorney Justin Lisi is an Associate Attorney for Ellison Law LLC.
Laurie Ellison is the Operations Manager for Ellison Law LLC. She is a Certified Public Accountant.
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