PROBATION VIOLATION NO JAIL

In 2008 JT plead guilty in Westborough District Court to two counts of larceny over $250 and one count of receiving stolen property. He was placed on Probation for 2 years, ordered to pay restitution and court costs, and ordered to have a substance abuse evaluation and treatment and remain drug and alcohol free. JT paid off the restitution and the court costs but then left the state without permission. He failed to follow through with the substance abuse evaluation. The probation department had a warrant issued for his arrest and he was subsequently picked up and brought to Westborough District Court. Attorney Lewin was retained. In November 2010. JT and Attorney Lewin appeared in Westborough District Court for a probation revocation hearing. Attorney Lewin had JT enroll in a substance abuse program. Attorney Lewin and JT met with JT’s probation officer and worked out a plan as an alternative to jail. The plan was presented to the Judge who extended JT’s probation for six month with the condition that he remian in treatment and not violate the criminal law. All JT had to do was remain clean for the six months and his probation would be terminated. JT was even given permission to relocated to Maine and his Probation supervision was transferred to Maine. Within a month JT was arrested in Maine and chraged with DUI and thereafter with Driving After Suspension Of His License. Maine notified Massachusetts and JT was once again served with a notice of revocation of probation. Attorney Lewin was once again retained and began negotiating with Probation. Ultimately Probation said they would recommend a 60 day committment to the House of Correction and then terminate his probation. On February 14, 2011 Attorney Lewin and JT appeared in Westborough District Court. The Judge found that on the basis of the subsequent arrests in Maine (for the DUI and the Operating After Suspension) that JT had violated probation. The Probation Officer recommended a committment to the house of correction for 60 days. Attorney Lewin reviewed for the Judge the entire history of the case including the fact that the restitution had been paid early on in the probation, that JT was an Honorably Discharged Veteran of the USAF, and that as a result of his arrests in Maine that JT was getting substance abuse treatment in Maine. Attorney Lewin pointed out that JT was employed full time in Maine as a machinist and was supporting his daughter and granddaughter (who also lived in Maine). Attorney Lewin suggested that rather than the State spending the money to house and feed JT for 60 days it would make more sense if JT paid a substantial sum to the Commonwealth to atone for his violations of probation. The Judge, after due consideration, agreed and ordered JT to pay $1,000 in court costs. JT’s family went immediately from the Courthouse to the nearest Bank of America, withdrew $1,000.00, returned to the Courthouse, and paid the $1,000.00 to probation. The Judge ordered the Probation terminated and JT was discharged from probation and from any further responsibility to the Court. The three cases in Westborough were closed and JT returned to Maine very happy. He had gone to Court in the morning prepared for the worst and left a happy man.