Boston Criminal Defense Lawyer Blog

A District Court Judge refused to accept state Senator Anthony Galluccio's claim that he did not have any alcohol during his home confinement. The Boston Herald reports that after pleading guilty last month to leaving the scene of an accident causing personal injury, the embattled senator was sentenced to six months of home confinement. The Judge imposed strict conditions of probation including that the thirsty senator not ingest alcohol during his stay at home. He was allowed to leave his house to go to the Senate and vote and to go to church. The Herald reports that the same day that the breathalyzer machine was put in Galluccio's home, the machine measured alcohol on his breath four times. The positive readings led the probation officer to serve Galluccio with a notice to have him surrendered due to a violation of his probation conditions. Although initially winning the court battle to remain out of jail for Christmas, he lost the war at the final surrender hearing and was sentenced to one year in jail.

Many defendants believe that they are home free when they walk out of the courthouse on probation. However, a large number of individuals find themselves in prison due to the fact that they did not live up to the terms of their probation. If you have been served with a notice from your probation officer that you have violated the terms of your probation it is important that you have an experienced defense lawyer on your side. At a preliminary hearing the probation officer must present evidence indicating that you have in fact violated your probation. A skillful attorney will argue that the probation department failed to meet the initial threshold. During a final surrender hearing it is critical that a defendant has a prepared, persuasive and organized attorney on his or her side to prevent a defendant from being surrendered and possibly imprisoned.

Continue reading "District Court Judge Sentences Embattled Senator Galluccio To One Year Following Probation Surrender Hearing" »

Posted by Kathleen M. McCarthy | Permalink | Email This Post

Posted In: Probation Surrender Hearings

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Apparently, disgraced Senator Anthony D. Galluccio did not take advantage of the tremendous break he was given when a Cambridge District Court Judge allowed him to serve six months in home confinement. Galluccio received an early Christmas present when he was sentenced to six months home confinement on the condition that he submit to random alcohol testing, lose his license for five years and pay a $1,000.00 fine after he admitted to operating under the influence of alcohol, commonly referred to as "DUI" in Massachusetts, and leaving the scene of an accident causing personal injury. So far, Galluccio avoided serving the mandatory six month sentence in prison. However, he faces a detention hearing later on today.

According to The Boston Herald, because he failed "several" breath tests while under home confinement the probation department has issued a notice of detention which requires Galluccio to appear in court and explain why he should not be committed for violating his terms of probation. Apparently, Galluccio is blaming his toothpaste for his failed tests. The Herald reports that Galluccio stated the following after he was served with a detention notice, "[W]hile I knew that mouthwash or cold medicine would set the machine off, it did not occur to me that toothpaste would.” Despite the allegation, Galluccio maintains that he "fully committed to sobriety and continuing treatment, and remain focused on serving my constituents.”

In Massachusetts, a probation detention hearing is the first step that the probation department takes when seeking confinement for a probationer. Generally, notice of e detention hearing issues when a probation officer becomes aware that a defendant has not complied with conditions of probation. In this case, the probation department is claiming that Gallucio's failure to remain alcohol free is a violation of probation and warrants "detention" or "incarceration." During the initial hearing a judge will hear the probation officer's reasons for wanting the defendant held pending a final hearing that generally takes place within ten days if a defendant is held. At both the initial and final detention or surrender hearings the defendant is given a chance to present evidence as to why he should not be surrendered. Although all of the facts of this case are not known at this time, the Senator seems to have an uphill battle on his hands as the Plymouth District Attorney Timothy Cruz, whose office prosecuted the case, said last night Galluccio should have been tossed in jail in the first place.

If you are facing a probation detention hearing or a probation surrender hearing in Massachusetts it is important that you have an expereinced Boston defense attorney on your side. In many Massachusetts District Courts defendants are not committed to jail because of the initial conviction however, as the result of a probation surrender. The consequences for not prevailing at a surrender hearing are high as a defendant may face serving the maximum sentence allowed for the underlying conviction.

The standards that the probation department must meet during surrender hearings are lower than the "beyond a reasonable doubt" standard that the Commonwealth must meet at trial to sustain a conviction. If you are facing a surrender hearing it is imperative that you have a qualified Massachusetts lawyer on your side to navigate you through the process.

Continue reading "Galluccio Facing Probation Surrender In Cambridge District Court For Violating Terms Of Probation On Drunk Driving Conviction" »

Posted by Kathleen M. McCarthy | Permalink | Email This Post

Posted In: OUI/DUI , Probation Surrender Hearings

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