In Quincy District Court on November 25, 2009, Michael Cocomile was charged with a 3rd Offense Massachusetts OUI while on probation for a second offense. Accordingly, Cocomile has two cases to deal with, defending the 3rd offense OUI charge while also dealing with a probation violation hearing on the second offense.
A Massachusetts probation violation hearing is a hearing to determine whether a defendant violated the terms and conditions of probation. A violation of probation can be a technical violation, like failing to report, pay money or complete a program such as alcohol or drug counseling. A probation violation can also arise when a defendant is arrested for a new offense. While a motorist has a right to a violation hearing, the standard at this hearing is very low, not proof beyond a reasonable doubt, but a standard of preponderance of the evidence. Though the preference is for live witness testimony, the law does not allow the probation department to simply rely on the police report to prove a violation in certain circumstances.
From the news account, it appears as though a violation will be found, meaning that Cocomile will face a sentencing on the second offense OUI, typically a second offense sentence is a 90 or 60 day sentence suspended, meaning that a defendant can only receive a maximum jail sentence of 90 or 60 days on the violation.
Attorney DelSignore is a Massachusetts DUI lawyer defending motorists throughout Massachusetts. Attorney DelSignore provides clients access to his cell phone so he is available to answer your questions immediately. Call now for a free consultation, 508-455-4755 or by email.
