Probation Issues

The Massachusetts Supreme Judicial Court’s recent decision in Commonwealth v. Henry imposed clearer defendant-friendly safeguards on judges when imposing restitution in a criminal matter.  Additionally, the SJC also held that, in cases of theft from retail stores, the amount of actual restitution is the “replacement value” of the stolen goods; unless the government proves by a preponderance of the evidence…

In a recent case, the Massachusetts Supreme Judicial Court decided that GPS monitoring or similar devices may not be added to a probationer as an additional condition of probation without a violation of probation where there is no material change to the defendant’s circumstances. In the Massachusetts court, probation is a legal resolution of a case that allows the defendant…