August 20, 2010

• Steven Topazio wrote this April 27, 2014 at 11:01 am

The defendant, who had previously been found guilty of two drug offenses and placed on probation in Suffolk Superior Court, was arrested on a felony larceny charge while on that probation and faced a probation surrender, hired Attorney Topazio. Attorney Topazio was successful at the initial probation surrender hearing in convincing the court not to detain his client pending the final surrender hearing. Once he caused his client to be released on his own recognizance, Attorney Topazio obtained the police report on the underlying charge which was the main basis of the violation and attacked the strength of that case. Over the course of several months, Attorney Topazio counseled his Client and negotiated with his probation officer. The Final Surrender Hearing is a court proceeding where the probation officer tries to convince a judge, using a preponderance of the evidence standard, that you have violated your probation. The probation officer tries to prove his case by introducing evidence of the alleged violations. Common examples of evidence used at a Final Surrender Hearing are the probation officer’s own observations, testimony of live civilian and law enforcement witnesses, drug test results, and police reports. One major difference between a criminal trial and a probation surrender hearing is the level of proof the Commonwealth has to meet. In a trial, the prosecutor must convince the finder of fact (the judge or the jury) that the defendant is guilty beyond a reasonable doubt. In a probation surrender, the probation officer must convince the judge that the probationer violated his probation by a preponderance of the evidence, which is a much lower standard than proof beyond a reasonable doubt. . Today, Attorney Topazio persuaded his probation officer and the judge not to commit his client despite the pending felony charge against his client, but to allow his Client to stipulate to a violation and to renew his probation to the original date.