Courtroom Prac ce Guide to Juvenile Proba on Viola ons
The Preliminary and Final Hearing ‐ Juvenile Court Standing Order 1‐07 h p://www.mass.gov/courts/courtsandjudges/courts/juvenilecourt/standingorder107.pdf
This guide summarizes the procedures for proba on viola ons on delinquency and youthful offender cases in juvenile court and is intended to be used as a quick reference guide. The guide should be used in conjunc on with the Youth Advocacy Division’s Overview of the Law: Proba on Viola ons. Commencement of Proceedings
Viola on for New Charge: proba on “shall commence viola on proceedings” if there is an allega on that your client
commi ed a new offense while on proba on. Standing Order III (b)(i) Viola on for Non‐Criminal Conduct: the “proba on officer shall decide whether to commence proba on viola on
proceedings” based on proba on rules and regula ons. Standing Order IV (b) A judge , on her own, can order proba on to go forward on the viola on. Standing Order IV (b) A juvenile cannot be held on bail on a proba on viola on. At the juvenile’s first appearance, proba on may seek to have
the juvenile:

Held in custody pending the final hearing,

Released with terms or condi ons (with the juvenile’s consent), or

Released with a no ce to appear for the final hearing
A preliminary hearing must be held if proba on requests that your client be detained or released with condi ons. The
hearing will occur on your client’s first court appearance on the proba on viola on. A preliminary hearing is not
required if proba on does not seek to have your client held or released from court with no condi ons. Standing Order V. The juvenile is en tled to counsel, and appointment of counsel if indigent. Counsel should be given adequate me to
prepare for the hearing.
No ce Standing Order III, IV No ce shall include the purpose of the hearing, date and me of the hearing, and:

The alleged criminal conduct indicated on the complaint or indictment, 
The specific condi ons that the juvenile allegedly violated, 
“With a descrip on of each such alleged viola on” if the allega on is for criminal conduct in the same court. No ce should be in‐hand, and if that is not possible it should be served by first‐class mail. No ce must be recorded on the
court docket. Out of court no ce, other than mail, “shall require a wri en return of service.”
The District A orney receives no ce of all proba on viola ons in juvenile court. Courtroom Prac ce Guide to Juvenile Proba on Viola ons
The Preliminary and Final Hearing ‐ Juvenile Court Standing Order 1‐07 No ce (cont.) Standing Order III, IV If the alleged viola on is for a new offense, and the proba on hearing will be heard in the same court, no ce should be
given before or at the arraignment on the new offense.
If the alleged viola on is for a new offense, and the proba on hearing will be heard in a different court, proba on in the
court of the new offense “shall” issue the No ce at or before the arraignment. No ce must be sent to the proba on
department that issued the proba on order, along with a copy of the complaint and the police report. The proba on
department from the court that issued the proba on order can amend the No ce if they did not issue the original No ce.
Your client must receive in‐hand no ce of any amendments. The proba on department that issued the proba on order
can also issue the No ce.
A er reviewing the contents of the No ce the court, at arraignment, can order “no further proceedings.” Standing Order III. The Preliminary Hearing Standing Order V At the preliminary hearing the court must find:

Whether probable cause exists to believe that the proba oner violated the terms of proba on, and

Whether the proba oner should be held in custody pending the final hearing or released on terms.
All tes mony must be under oath, on the record, and conducted by a judge or clerk‐magistrate if a judge is not available.
The juvenile is en tled to counsel, and one shall be appointed if necessary, with reasonable me to prepare.

The evidence should be limited to whether there is probable cause that the juvenile violated the terms of
proba on. 
The court may accept evidence it deems relevant and appropriate. 
Hearsay is admissible. 
The juvenile may be heard. 
The District A orney may assist the proba on officer in presen ng its case. If Probable Cause is Found Standing Order V If probable cause is found at the preliminary hearing the court may release the juvenile with terms, with his/her consent,
or hold the juvenile pending the final hearing. The court shall consider the following factors in makings its determina on:

The proba oner’s criminal or juvenile record.

The nature of the offense for which the proba oner is on proba on.

The nature of the offense for which the proba oner is newly charged, if any.

The nature of any other proba on viola ons.

The likelihood of the proba oner’s appearance.

The likelihood of incarcera on or commitment if a viola on is found following the final proba on surrender
hearing.
There must be in‐hand No ce of the final hearing.
Courtroom Prac ce Guide to Juvenile Proba on Viola ons
The Preliminary and Final Hearing ‐ Juvenile Court Standing Order 1‐07 If Probable Cause is Not Found Standing Order V If the court finds no probable cause at the preliminary hearing, the proba oner cannot be held in custody and no terms of
release may be ordered. The final hearing may be scheduled and no ce given to the proba oner. Release of the Juvenile is Encouraged Rule V Commentary
The Juvenile Court Standing Order differs from the District Court Rules in that condi ons of release may be imposed in
order to balance the need for public safety with the best interests of the child. The Commentary notes that terms of
release should be “limited and consistent with the purpose of providing judges with a mechanism for releasing a juvenile
to a end school and to receive services available only in the community… [this] is consistent with the Juvenile Court’s
mission to further the best interests of children who appear before the court by offering a course of rehabilita on rather
than punishment, consistent with the provisions of G.L. c 119.”
Scheduling of the Final Hearing Standing Order III, IV, VI At the ini al appearance, the final hearing must be scheduled for a “date certain.”
The final hearing should be scheduled not less than seven days a er service, unless your clients waives.
If your client is held a er the preliminary hearing, the final hearing should not be more than fi een days, unless your
client consents to a longer date.
Whether your client is held or not, the final hearing should not be later than 30 days from the ini al appearance unless
“extraordinary circumstances” exist.
If the alleged viola on is for a new offense, the court can con nue the final hearing, arguably to track the new offense, if
the judge “determines the interests of jus ce will be served by such a con nuance.” Standing Order VI (e). When
scheduling the final hearing, “the court shall give primary considera on to the need for promptness in conduc ng the
proba on viola on hearing.” Standing Order III (b)(iii). The Viola on Hearing Standing Order VI There are two separate parts to the viola on hearing:

A factual determina on as to whether there is a viola on of the terms of proba on, and if so,

A determina on of the disposi on of the viola on.
All tes mony at the hearing must be under oath, and it is the proba on officers responsibility to present the evidence in
the case. The proba on officer is assigned by the Chief Proba on Officer of the Court.
The juvenile is en tled to present evidence and both par es have a right to cross‐examine witnesses. Both par es can
make a closing argument.
The standard of proof is the civil standard—preponderance of the evidence.
Hearsay is admissible; if it is the only evidence at the hearing it will be sufficient if the court finds, in wri ng:

“ that such evidence is substan ally trustworthy and demonstrably reliable,” and

“if the alleged viola on is charged or uncharged criminal behavior, that the proba on officer has good cause
for proceeding without a witness with personal knowledge of the evidence presented.” Standing Order VII
Courtroom Prac ce Guide to Juvenile Proba on Viola ons
The Preliminary and Final Hearing ‐ Juvenile Court Standing Order 1‐07 The Viola on Hearing (cont.) Standing Order VI Par cipa on of the District A orney: the juvenile court standing order differs from the District Court/BMC Rules, in that
the district a orney is allowed to par cipate in the hearing in all cases, not just felonies. The district a orney can “confer”
with proba on in coordina ng their involvement in the hearing. The district a orney can call witnesses and cross examine
witness, and is responsible for summoning their own witnesses. The district a orney can also make an argument regarding
the factual issues of the viola on. However, the district a orney should not “interfere with proba on” during these
proceedings. Finding of Viola on Standing Order VIII A er the factual determina on (part 1 of the hearing), the court must make wri en findings as to whether there was a
viola on of one or more condi ons of proba on. Wri en findings are also required if your client admits or s pulates to
the viola on. The rule encourages a prompt decision and discourages con nuances.
Disposi on Standing Order VIII, IX Factors the court can consider: public safety, the seriousness of the offense, the nature of the viola on, any previous
proba on viola ons, the impact on the vic m, and any mi ga ng factors. “The court shall give appropriate weight to the
recommenda on of the Proba on Department.”
Disposi on Op ons:

Con nue Proba on ‐ this is not a modifica on or revoca on of proba on, but more like an admonishment.

Termina on ‐ proba on is deemed completed and the proba on order is terminated.

Modifica on ‐ condi ons of proba on can be changed; addi onal condi ons can be imposed and proba on
can be extended.

Revoca on ‐ if proba on is revoked the reasons must in be in wri ng.
Consequences of Revoca on: if your client was on a suspended DYS commitment or suspended sentence he/she will be
commi ed to DYS or the sentence imposed. The court has the discre on to stay the commitment pending appeal or for
your client to a end to personal ma ers prior to the commitment. If the original disposi on was not a sentence or
commitment, the court “shall impose a sentence or commitment as provided by law.” Note: under Massachuse s law straight proba on is not a sentence. Commonwealth v. Bruzzese, 437 Mass. 606 (2002). Viola on of a Con nuance Without a Finding (Standing Order XI): All the procedures in the Standing Order apply to
alleged viola ons of CWOF’s. The four disposi onal op ons listed above apply to viola ons of CWOF’s.

If the court revokes a CWOF, a finding of delinquency, guilty or youthful offender “shall” be entered. If a
sentence or DYS commitment was a condi on of the original CWOF, that sentence or commitment “shall” be
imposed. If a sentence or DYS commitment was not a condi on of the original CWOF, “the court shall impose
a sentence or commitment as provided by law.”
Produced by JDN, an ini a ve of the Youth Advocacy Division and the Commi ee for Public Counsel Services.
Contact: Wendy Wolf, Director of Training, [email protected] or Holly Smith, Training A orney, [email protected]
November 2014