Can You Travel While on Probation in Massachusetts?

Whether you can travel while on probation in Massachusetts depends on the terms of your probation—and how far you’re going.

Most probation conditions require you to stay in Massachusetts unless you get permission. Even travel to nearby states like New Hampshire or Rhode Island could be a violation if your probation officer or the court didn’t approve it.

In some cases, especially with unsupervised probation or minor charges, judges may allow travel without prior approval. But if your case involves conditions like GPS monitoring, substance testing, or mandatory check-ins, travel is usually off-limits without a signed court order.

Violating travel restrictions—even unintentionally—can lead to a surrender hearing and possible jail time. I’ve had clients flagged just for flying out of state for a funeral or driving over the border without thinking.

If you’re planning a trip and you’re on probation, talk to a lawyer first. I’ve helped clients get court-approved travel—even for international trips—and avoid unnecessary violations.

What Happens If You Violate Probation in Massachusetts?

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.

Can You Be Charged with a Crime After the Fact in Massachusetts?

Yes, you can absolutely be charged with a crime days, weeks, or even years after something happened.

Police and prosecutors aren’t required to arrest you immediately. They can investigate first, gather statements, review evidence, and then apply for charges once they think they have probable cause. This is common in drug cases, hit-and-runs, and financial crimes.

As long as the charges are filed within the statute of limitations, they’re valid. For most misdemeanors and felonies, that’s six years. But for some serious offenses, there’s no time limit.

If you hear that someone made a complaint against you—or if you get a summons in the mail—it doesn’t mean you’re too late to defend yourself. In many cases, we can challenge the credibility of the evidence or even argue for dismissal at a clerk magistrate hearing.

Don’t assume that time has made the problem go away. If you think you might be charged—or already have been—talk to a lawyer right away. Early action can make a big difference.

Can You Be Charged If the Police Didn’t See It Happen?

In Massachusetts, the police don’t have to see something happen in order to charge you with a crime. Most complaints are based on witness statements, security footage, or police investigations that take place after the fact.

In misdemeanor cases without an arrest, you might be summoned to a Clerk Magistrate hearing. That’s where a magistrate decides whether there’s probable cause to issue charges based on the written report or live testimony.

For felonies or cases involving an arrest, police can file charges based on their investigation—even if no officer was there when the incident occurred.

This surprises a lot of people. Clients often say, “How can they charge me? They weren’t even there.” But under the law, as long as there’s probable cause, the case can move forward.

That doesn’t mean it’s a strong case. If the witness is unreliable, the story doesn’t add up, or the evidence is weak, there are ways to challenge it. I’ve had plenty of charges dismissed or thrown out at a hearing before they ever got to trial.

Can You Get a CWOF for a Felony in Massachusetts?

A Continuance Without a Finding (CWOF) is usually associated with misdemeanors, but it’s also possible—though less common—for many felonies in Massachusetts.

Whether you’re eligible depends on the charge, your record, and the court’s willingness to agree to it. Some felonies are too serious for a CWOF, especially those involving violence, firearms, or mandatory minimums. But for low-level felonies like larceny over $1,200 or certain drug crimes, a CWOF might be on the table.

Getting a CWOF means the case will be dismissed if you complete probation without violating the conditions. That helps you avoid a guilty finding, jail time, and possibly a conviction on your record.

But it’s not always the best option. A CWOF still appears on your CORI and can have immigration consequences. I’ve negotiated CWOFs for felony clients where it made sense—and pushed for outright dismissals or diversion programs when it didn’t.

Before you accept any deal, make sure you know what it really means. A CWOF can be a break—or a trap.