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Violation of probation with suspended sentence in MA

Here is the question. If I was convicted and got a two year suspended sentence in Massachusetts, but then I had a probation violation that is being reported to the court what will the judge always make me serve the full sentence? Can the judge decide to just make me serve one year of the suspended sentence because of the parole violation or is it all or nothing?

Violation of Probation

If a violation is found the Judge does not have to impose a jail sentence, however, he cannot impose one year instead of two. If the Court decides to impose a jail term it is "all or nothing." The Court has options short of imposing a full jail sentence, but the sentence will most likely depend on the violation alleged, the facts and circumstances of the underlying crime you were convicted of and your criminal history. If possible, speak with a criminal defense attorney prior to appearing in court to answer on the probation violation.
 
Attorney Kevin Gaughen, Jr.
 
DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues. This is not intended to constitute legal advertising or solicitation, but rather to educate.

Editor's Response

Attorney Gaughen is correct.  When there is a violation of probation, if the judge decides jail time is appropriate, she will impose the entire balance, less any credits you have for for time served.  You may still become eligible for early release if you are incarcerated in the House of Corrections.  If you have not done so already, you should immediately contact your criminal defense lawyer.  Good luck.

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