A defendant in Brockton District Court faced charges for OUI, negligent operation of a motor vehicle, and A&B on a police officer.
On the day of trial, the defendant pleaded to A&B on a police officer.
The judge imposed a one year suspended jail sentence and placed the defendant on probation.
This occurred around 12:50 p.m., just before the court’s 1 p.m. lunch break.
Trial on the remaining charges was scheduled to begin after lunch at 2 p.m.
When leaving the courtroom, the defendant allegedly threatened the police officers who were there to testify.
This happened at approximately 12:59 p.m.
That afternoon, the defendant was acquitted of OUI and found guilty of negligent operation of a motor vehicle.
About one month later, the defendant was charged with witness intimidation for the alleged threats that he made to police on the day of trial.
Due to the new charge, his probation officer asked the court to revoke the defendant’s probation and impose the one year suspended sentence.
The judge did just that.
The defendant appealed the decision, claiming that he did not receive notice that his probation had begun at the time he allegedly threatened the officers.
Moreover, the defendant had not yet signed his written probation contract.
The Appeals Court rejected the defendant’s arguments and upheld the probation revocation.
According to the Appeals Court,
Here, the alleged violation of probation was a new criminal offense. “A defendant, like all members of society, is on notice that he may not violate the criminal law at any time. Thus, no additional or special notice is required.” Ruiz, 453 Mass. at 484. Also, this defendant was knowledgeable about probation, having previously received a probationary sentence. Indeed, he had been found in violation of probation and had been committed to serve six months of incarceration, albeit more than twelve years before his guilty plea in this case. Therefore, it is reasonable to infer that when the defendant pled guilty to the plea counts and received a suspended sentence, he was aware that he would be placed on probation and that if he committed a new offense while on probation, it would be a basis to find him in violation of the terms of his probation and impose the suspended sentence.
The full text of the slip opinion is attached below.