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The Brief

What You Need to Know. No More, No Less.

Justin Dashner Justin Dashner

What Is Restitution in a Massachusetts Criminal Case?

Restitution is court-ordered payment to a victim for damages caused by a crime. Learn how it’s calculated and challenged in Massachusetts.

In Massachusetts, restitution is money you may be ordered to pay to a victim after a conviction or admission. It’s meant to cover the victim’s actual losses, not to punish you further.

Restitution typically applies in cases involving property damage, theft, or physical harm. If someone’s window was broken, car was stolen, or medical bills were incurred, the court may order you to pay those costs back as part of your sentence or probation.

But the amount has to be proven. The Commonwealth must show that the losses were caused by the crime and are reasonably documented. I’ve challenged restitution amounts where the paperwork didn’t match up, or the victim tried to include things that weren’t related.

You also have a right to a restitution hearing. If you dispute the amount, the court will hold a hearing and let both sides present evidence. Sometimes restitution can be reduced or eliminated depending on your financial situation or the strength of the claim.

Restitution isn’t automatic, and it’s not the same as civil damages. If you’re facing a demand to pay money in a criminal case, I can help protect your rights and fight for a fair result.

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Justin Dashner Justin Dashner

What Happens If You Violate Probation in Massachusetts?

Probation violations are serious. Learn what happens in Massachusetts if you're accused of violating probation—and how a lawyer can help.

If you're on probation in Massachusetts and accused of violating the terms, the court can hit you with serious consequences—fast.

Probation violations can be for new arrests, failing drug tests, missing appointments, or even technical issues like moving without permission. Once a violation is alleged, the court will usually schedule a surrender hearing. At that hearing, the probation officer presents the violation, and you have the right to challenge it.

You’re not entitled to a jury at a violation hearing, and the standard of proof is lower than at trial. That means it’s easier for the court to find a violation—even if the original charge is still pending or gets dismissed later.

If the judge finds you in violation, they can:
- Add new conditions
- Extend your probation
- Sentence you to jail or prison

I regularly represent clients in probation violation hearings. The best outcomes happen when you act fast, explain your side clearly, and have a plan to fix the issue. In many cases, I’ve been able to resolve the violation without jail and keep clients on track.


 

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