I plead no contest to an assault charge and was placed on probation by the judge. Then last week I was involved in a fight outside a Fitchburg bar. It wasn’t my fault at all but I was charged with another assault case. What’s going to happen now?
The probation department will summons you to Court simply due to your new charge of assault. Two hearings will be scheduled. Generally these hearings are scheduled very quickly and will go forward well before your new charge can be resolved. Therefore, you will need to fight the new assault case first at the violation of probation stage. At the first hearing the probation department will serve you with a notice of violation of probation, which will state that you are alleged to have violated your probation due to you being charged with a new offense of assault. The probation department could ask that you be detained pending the second or final hearing. They would have to show probable cause that a new offense was committed and a combination of other factors such as, you are a risk of not appearing at the final hearing, you are a danger, you are not a viable candidate for probation, or you are likely to receive committed time at the final hearing etc. Or the probation department could just agree to you being released and schedule a final hearing date. You would be well served by hiring an experienced criminal defense attorney to protect all of your rights.
Fitchburg Criminal Defense lawyers at Riddle & Associates provide criminal defense representation to individuals in Fitchburg and in the Worcester county region including the communities of: Ashby, Lunenberg, Leominster, Westminster and Ashburnham.
RIDDLE ASSOCIATES, ATTORNEYS AT LAW
Fitchburg Criminal Defense Lawyers
344 Summer Street