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Criminal Defense Lawyer John E. MacDonald, Inc. of Providence, Rhode Island
Schedule a ConsultationIf you’re facing a probation violation in Rhode Island, you need a Rhode Island violation hearing lawyer who understands what you’re up against. A violation hearing is the most direct path to incarceration you’ll face in the criminal justice system.
You can be arrested, denied bail, and held for two weeks or longer while you wait for a hearing. The evidentiary standard is lower than in a criminal trial. The consequences are immediate.
And in many cases, you’re facing the maximum suspended sentence on your original charge— even if you’ve completed most of your probation without incident.
Attorney John E. MacDonald has successfully defended probation violation cases for 30+ years. He understands the procedural realities, the evidentiary standards, and how to negotiate outcomes that keep you out of custody. Call (401) 421-1440 to schedule your free consultation.
A violation hearing is a court proceeding held in Rhode Island District Court or Superior Court to determine whether you violated the terms of your probation or a deferred sentence.
Probation violations fall into two categories:
The hearing itself is less formal than a trial, but the stakes are often higher. You’re not fighting to avoid a conviction, but to avoid immediate incarceration based on conduct the court already punished you for once.
The judge only needs to be “reasonably satisfied” by a preponderance of the evidence that you failed to “keep the peace and be of good behavior.” That standard is significantly lower than the “beyond a reasonable doubt” standard at trial.
In practice, it means the judge is deciding whether it’s more likely than not that you violated probation. Here’s what else makes violation hearings procedurally different:
When you hire a skilled Rhode Island violation hearing lawyer, they’ll understand how to challenge evidence within these constraints, cross-examine witnesses effectively, and present mitigation arguments that judges actually consider.
The consequences of a probation violation depend on whether you’re on District Court probation or Superior Court probation, and whether this is your first violation or a repeat offense.
If you’re found to be a violator of District Court probation, potential sanctions include:
Negotiations in District Court often result in alternatives to incarceration, especially for technical violations or first-time offenders who can demonstrate efforts to comply.
Superior Court violations carry much higher sanctions.
If you’re found to be a violator of Superior Court probation, you face the maximum suspended time on your original sentence— even if you’ve completed most of your probation. If you’re on straight probation with no suspended sentence, you face the maximum sentence for the original charge.
For example, if you were sentenced to 10 years suspended with probation on a felony drug charge, and you violate probation in year four, the judge can impose up to 10 years in prison. Even if your violation was missing a meeting with your probation officer.
That’s not hypothetical. It happens.
Beyond incarceration, a probation violation can affect:
Don’t wait— call (401) 421-1440 for a free consultation with an experienced, aggressive Rhode Island violation hearing lawyer who can protect your rights.
Understanding what happens after you’re accused of a probation violation can help you prepare for what’s ahead.
If your probation officer believes you’ve violated probation, they’ll file a violation report with the court. In most cases, a warrant is issued for your arrest.
Alleged violators are typically denied bail and held in custody while awaiting the hearing. You can request that bail be set, but the burden is on you to demonstrate that you’re not a flight risk or a danger to the community.
Attorney MacDonald has successfully argued for bail in numerous violation cases, including clients facing Superior Court probation violations on serious felonies. Securing release is often the first and most crucial step in building an effective defense.
The hearing itself is scheduled within two weeks of your arrest, though delays are common depending on court availability and whether additional investigation is needed.
An experienced Rhode Island violation hearing lawyer can secure your release on bail while you await the hearing, which allows you to maintain employment, continue treatment programs, and prepare your defense from outside custody rather than from a jail cell.
At the violation hearing:
If the judge finds you violated probation, sentencing occurs immediately or at a continued hearing.
If the judge finds you to be a violator, the next question is what sanction to impose.
Your attorney’s role at this stage is critical. Mitigation arguments can include:
In some cases, the judge will continue you on the same probation with a warning. In others, incarceration is imposed.
Attorney John E. MacDonald’s defense strategies include aggressive cross-examination to expose inconsistencies in the state’s evidence, presenting witnesses who contradict the state’s witnesses, and demonstrating that any violation was not willful or that you made good-faith efforts to comply.
Recent victories from violation hearings include:
Client was charged with being a violator of his Superior Court probation based upon a violation of a no-contact order. The state’s offer was an extensive jail sentence, which the client rejected. The matter proceeded to a violation hearing. Attorney MacDonald aggressively cross-examined the complainant and called multiple witnesses, who proved that his client was not anywhere near the alleged place in question.
After hearing, the trial judge found the defendant not to be a violator of probation. Client was released, and the new charges were eventually dismissed.
Client recently obtained probation in Superior Court and, within one month, was arrested on charges of DUI and refusal to submit to a breathalyzer. Attorney John E. MacDonald was retained to assist client.
Along with Attorney John P. Larochelle, they successfully argued for the client’s release from custody and negotiated a resolution with no jail time for the probation violation.
Client was arrested for possession of a controlled substance while on probation and a suspended sentence in Superior and District Court for the same charges. Attorney MacDonald successfully advocated for his client’s release into a treatment program instead of a jail sentence.
After his client completed the program, he was continued on the same period of probation and received a concurrent suspended sentence on the new charge.
Client was charged as a technical violator of probation for not strictly complying with the special conditions of probation imposed upon him after his plea to possession of child pornography. Client was arrested and detained. Attorney John E. MacDonald was retained to intervene.
He successfully argued for client’s release and assisted client to ensure he was fully compliant with all conditions of probation. After two court reviews, the probation violation was resolved, and jail was averted.
Attorney MacDonald has successfully resolved probation violations for over 30 years. Call (401) 421-1440 today to discuss your case.
Attorney John E. MacDonald has defended probation violation cases in Rhode Island for over 30 years. Here’s what that experience means for your case:
When you’re facing the maximum suspended sentence on your original charge, you need more than credentials on a website. You need a Rhode Island violation hearing lawyer who has spent three decades keeping clients out of custody.
Don’t leave your future to chance. Call (401) 421-1440 to schedule your free consultation. We are available 24/7 to take your call.
Attorney John E. MacDonald is a leading probation violation defense lawyer in Providence, with over 30 years of experience defending violation hearings in Providence County Superior Court and District Court. His office is located at 1 Turks Head Place in downtown Providence.
Attorney MacDonald has built a reputation for successfully defending both technical violations and new offense violations in Providence and throughout Rhode Island. He has secured bail for clients facing serious Superior Court violations, negotiated no-jail resolutions in cases where the state demanded incarceration, and won “no violation” findings at contested hearings.
He is available 24/7 to clients throughout Providence and all of Rhode Island. Call (401) 421-1440 for a free consultation.
Violation hearings in Rhode Island are handled by the court that originally sentenced you to probation. The court with jurisdiction depends on whether your original charge was a misdemeanor or felony.
District Court handles misdemeanor probation violations in one of Rhode Island’s six District Courts:
Superior Court handles felony probation violations in one of Rhode Island’s four county Superior Courts:
If you’re unsure which court has jurisdiction over your violation, contact Rhode Island Criminal Defense Attorney John E. MacDonald at (401) 421-1440 for guidance.
While probation officers have some discretion in minor technical violations, most violations in Rhode Island proceed to a formal hearing once a violation report is filed. Warnings are rare and typically only occur for first-time, minor infractions where the probationer immediately takes corrective action.
Once you’re arrested on a violation warrant, the process has moved beyond the warning stage. However, an experienced attorney can negotiate with prosecutors and judges to secure alternatives to incarceration even after a violation hearing begins.
Early legal intervention is critical — contacting a Rhode Island violation hearing lawyer immediately after you realize a violation may occur, or as soon as you’re arrested, significantly improves your chances of avoiding jail time.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.
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