A former courthouse employee from the Salem District Court was held following a preliminary probation surrender hearing. According to The Salem News, Barbarann Corcoran from Malden, MA was twenty-one years old when she pleaded guilty to larceny for stealing approximately $34,00.00 from the courthouse. The sticky fingered felony was ordered to pay restitution within five years but a warrant issued when she disappeared for ten years after making a few payments. Following a preliminary surrender hearing, the judge ordered that she be held at Framingham State Prison until her final surrender hearing.
Most defendants do not land in jail from the District Court because of the initial incident. It is when the individual does not successfully complete the terms of his or her probation or fails to pay fees and/or restitution. Defendants often think that they are getting a good "deal" by pleading to probation. However, it is important to understand that if a probation officer believes that a probationer has not lived up to the terms of the probation then he or she will serve a surrender notice on the defendant and a preliminary hearing will be held.
A probation surrender hearing is not a retrial. It is simply the probation department's chance to inform the judge of any violations and a defendant's opportunity to explain that he or she did not violate the terms or that there was a sound reason for doing so. If a judge finds that a defendant has violated the terms of probation he or she can be sentenced to up to the maximum number of years allowed by the statute governing the charge.