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56-723: The Massachusetts Trial Court Probation Service , more commonly referred to as the Massachusetts Probation Service (MPS), is the Commonwealth's primary supervisory law enforcement agency. Created in 1878, it is the first Probation agency established in the United States. The service was created based on the work of John Augustus , the Boston area bootmaker who is credited as the "Father of Probation". Probation Officers are trained to carry out

112-488: A battery following an assault , or retail theft following retail theft). Court-ordered drug and alcohol testing may be included as a standard or special condition of probation. A failed drug test while on probation may be reported by the probation officer to the court and may result in probation violation proceedings. At the hearing a judge will determine if the violation warrants revocation of probation, incarceration, additional probation time, or other sanctions. When

168-471: A curfew , live at a directed place, obey the orders of the probation officer, or not leave the jurisdiction. The probationer might be ordered as well to refrain from contact with the victims (such as a former partner in a domestic violence case), with potential victims of similar crimes (such as minors, if the instant offense involves child sexual abuse ), or with known criminals, particularly co-defendants. Additionally, offenders can be subject to refrain from

224-580: A 20th-century example of mail fraud. Ponzi was charged with the U.S. federal crime of mail fraud. Wire fraud was first defined in the United States in 1952. 18 U.S.C.   § 1343 provides: Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for

280-533: A financial institution, such person shall be fined not more than $ 1,000,000 or imprisoned not more than 30 years, or both. Briefly, anyone trying to defraud other people or groups through any form of telecommunication, or through writing, signs, pictures or sounds can be punished with a maximum prison sentence of 20 years. If the fraud involves a financial institution, the maximum fine is raised to 1 million US dollars and prison sentence not more than 30 years, or both. 18 U.S.C.   § 1346 provides: For

336-542: A fine and/or prison sentence that cannot be longer than 20 years. However, for such acts during a Presidential declared major disaster or emergency, the prison sentence can be as long as 30 years and the fine as great as $ 1,000,000. In mail fraud, US federal jurisdiction is based on the enumerated power to create a post office under Article I, Section 8 of the US Constitution. International reply coupons mailed by participants of Charles Ponzi 's scheme are

392-414: A judge will typically consider factors such as whether the probationer has complied with all the terms of probation, paid all fines, fees, court costs and restitution and would experience a hardship if the probation period continued. Mail fraud Mail fraud and wire fraud are terms used in the United States to describe the use of a physical (e.g., the U.S. Postal Service ) or electronic (e.g.,

448-418: A more serious violation than if the person were on probation for driving a car with a suspended license; the reverse may be true if the initial offense were for driving under the influence . Similarly, penalties for violation may be greater if a subsequent offense is of greater severity (such as a felony , following a misdemeanor ), or if the original offense and subsequent offense are of the same type (such as

504-884: A phone, a telegram, a fax, or the Internet ) mail system to defraud another, and are U.S. federal crimes . Jurisdiction is claimed by the federal government if the illegal activity crosses interstate or international borders. Mail fraud was first defined in the United States in 1872. 18 U.S.C.   § 1341 provides: Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for

560-412: A probation violation is extremely severe, or after multiple lesser violations, a probation revocation hearing could be scheduled. A judge at the hearing will consider reports from the probation officer, and if probation is revoked, the probationer will often be incarcerated in jail or prison. However, the term of incarceration might be reduced from the original potential sentence for the alleged crime(s). It

616-501: A probation violation. If the defendant pleads guilty to a probation violation, or is found guilty of a probation violation after the hearing, the officer or prosecutor may request that additional conditions of probation are imposed, the duration is extended or that a period of incarceration is ordered, possibly followed by a return to probation. No law specifies when probation violation proceedings must be commenced, although probation violation proceedings are nearly certain to occur following

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672-532: A punishment in 1901, the New York City magistrates cited four benefits to probation as opposed to incarceration: "(1) 'Punishment without disgrace, and effective without producing embitterment, resentment or demoralization,' (2) judicial discretion to make the punishment fit the crime, (3) '[p]unishment that is borne solely by the guilty and displacing a system that frequently involved the innocent and helpless,' and (4) punishment attended by increased revenue to

728-409: A short term in jail may "shock" a criminal into changing their behavior. Shock probation can be used only between a specific period of 30–120 days after the original sentence, and is not available in all states. Community corrections officials are key personnel in helping decide whether a criminal is granted probation. They determine whether the offender is a serious risk to the public and recommend to

784-642: A transportation that is termed "interstate" (over which Congress has power to regulate) and does require that the mailing cross at least one state line into another state; wire fraud has been expanded by Congress to include foreign wire communication or interstate connections via (e.g.) an e-mail server or telephone switch or radio communication. In McNally v. United States (1987), the Supreme Court held that 18 U.S.C. §§ 1341 and 1343 did not reach honest services fraud. Congress responded by passing 18 U.S.C. § 1346. In Skilling v. United States (2010),

840-462: A wide variety of supervisory assignments at locations across the state's 70 District Courts and 12 Superior Courts. Officers are trained to supervise probationers and address a variety of offenses including drug offenses , violent crimes , and sexual offenders . Probation Officers in the District and Superior Courts Probation Departments supervise criminal cases. Felony level cases are handled by

896-526: Is broad. These statutes have been held by the Supreme Court to encompass "everything designed to defraud by representations as to the past or present, or suggestions and promises as to the future." Lower courts have progressively expanded this ruling, finding that the law "puts its imprimatur on the accepted moral standards and condemns conduct which fails to match the 'reflection of moral uprightness, of fundamental honesty, fair play and right dealing in

952-609: Is expected to complete any conditions of the order with no involvement of a probation officer, and perhaps within a period shorter than that of the sentence itself. For example, given one year of unsupervised probation, a probationer might be required to have completed community service and paid court costs or fines within the first six months. For the remaining six months, the probationer may be required merely to refrain from unlawful behavior. Probationers are allowed to go to their workplaces, educational institutions, or places of worship. Such probationers may be asked to meet with an officer at

1008-405: Is possible that an innocent defendant would choose to accept a deferred sentence rather than incur the risk of going to trial. In such a case, a probation revocation can result in conviction of the original criminal charges and a permanent record of conviction. Judges across may have the power to alter and amend the probation terms, conditions and period. Such powers are commonly held by judges in

1064-423: Is taking off in the field of community corrections". Offenders under standard supervision are generally required to report to an officer, most commonly between biweekly and quarterly, and are subject to any other conditions as may have been ordered, such as alcohol/drug treatment, community service, and so on. Some probation does not involve direct supervision by an officer or probation department. The probationer

1120-630: The Boston Police Court in 1841 to give him custody of a convicted offender, a "drunkard", for a brief period and to help the man to appear rehabilitated by the time of sentencing. Even earlier, the practice of suspending a sentence was used as early as 1830 in Boston, Massachusetts, and became widespread in U.S. courts, although there was no statutory provision for such a practice. At first, judges, most notably Peter Oxenbridge Thatcher of Boston, used "release on recognizance" or bail and simply refrained from taking any further action. In 1878,

1176-490: The Fourth Amendment regarding search and seizure, and such probationers may be subject to unannounced home or workplace visits, surveillance, and the use of electronic monitoring or satellite tracking. Under terms of this kind of probation, an offender may not change their living address and must stay at the address that is known to probation. GPS monitoring and home detention are common in juvenile cases, even if

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1232-533: The Massachusetts State Police and other local police departments, Massachusetts Department of Children and Families (DCF), and other private medical and social and human service agencies. Massachusetts Probation Officers are authorized "police powers" by statute. Massachusetts General Laws (MGL), Chapter 276, Section 90, "Powers of probation officers; reports; records; inspection", reads: "A probation officer shall not be an active member of

1288-553: The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), or affects a financial institution, such person shall be fined not more than $ 1,000,000 or imprisoned not more than 30 years, or both. Thus, anyone trying to defraud another individual or group through items of value, e.g., money, through the US mail system or a private mail delivery service and those knowingly participating in that fraud will be punished with

1344-616: The United States Postal Inspection Service website. In the 1960s and 1970s, Chief Postal Inspector Martin McGee, also known as "The Top Sleuth" or "Mr. Mail Fraud", led his department in exposing and prosecuting numerous mail fraud swindles such as land sales, phony advertising practices, insurance rip-offs, and fraudulent charitable organizations that used the mail to facilitate their illegal activities. The scope of 18 U.S.C. §1341 and 18 U.S.C. §1343

1400-526: The City and by a saving in expense.'" The existence of probation officers in child support cases made it so the state was involved in family life in previously unprecedented ways. Probation officers would often attempt to reconcile separated couples, encourage husbands to drink less alcohol, and teach wives housekeeping skills. Employing probation in nonsupport cases also led to more revenue captured by nonsupporting spouses. The National Probation Association (NPA)

1456-456: The Court construed § 1346 to apply only to bribes and kickbacks. United States v. Regent Office Supply Co. (1970) involves Regent which was a company that sold orders over a telephone. Regent representatives would exaggerate their office products over the phone. The United States government charged the company with wire fraud. The company's salesmen were accused of making "false pretenses" over

1512-670: The Fatherhood Program, Nightlight, Life 101: A Lesson in Reality, and others. The Massachusetts Parole Board and Massachusetts Probation Service are not the same. Those on probation are referred to as "offenders" or "probationers", those on parole are called "parolees". The Probation Officer badge is the standard law enforcement badge of the Commonwealth of Massachusetts, similar to that of Massachusetts State Police, Parole Officers, Correctional Officers and Special State Police. In 2009, Commissioner of Probation John J. O'Brien

1568-714: The Interstate Compact For the Supervision of Parolees and Probationers, this agreement was originally signed by 25 states in 1937. By 1951, all the states in the United States of America had a working probation system and ratified the Interstate Compact Agreement. In 1959, the new states of Alaska and Hawaii , the Commonwealth of Puerto Rico , and the territories of the Virgin Islands , Guam , and American Samoa ratified

1624-548: The Killets Case), held that Federal Judge Killets was without power to suspend a sentence indefinitely. This decision led to the passing of the National Probation Act of 1925, thereby, allowing courts to suspend the imposition of incarceration and place an offender on probation. Massachusetts developed the first statewide probation system in 1878, and by 1920, 21 other states had followed suit. With

1680-459: The Latin, probatio, "testing", has historical roots in the practice of judicial reprieve . In English common law, prior to the advent of democratic rule, the courts could temporarily suspend the execution of a sentence to allow a criminal defendant to appeal to the monarch for a pardon . Probation first developed in the United States when John Augustus , a Boston cobbler, persuaded a judge in

1736-931: The Superior Court Probation. The state's 12 Probate and Family Court Probation Departments provide a different service addressing domestic relations issues like divorce dispute resolution, child support litigation and enforcement, visitation issues, adoption searches, guardianship suitability and other investigative functions as needed. There are 11 division of the Juvenile Court Probation Department in Barnstable , Berkshire , Bristol , Essex , Franklin/Hampshire, Hampden , Middlesex , Norfolk , Plymouth , Suffolk and Worcester counties. Probation Officers are state level law enforcement officers , who frequently coordinate with other Massachusetts governmental agencies like

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1792-430: The United States. Pursuant to the authority of a court, it may be possible for a defendant to apply for early discharge from probation after a certain proportion of the probation period has been completed. For example, in the U.S. state of Georgia an offender may apply for early termination from felony probation after serving at least three years of the sentence. In the U.S., when deciding whether to grant early discharge

1848-422: The act as well. When child support nonpayment was criminalized in the early 20th century, probation was the primary punishment levied on nonsupporters. Those in favor of criminalizing nonsupport wanted a penalty that "would maximize deterrence, preserve the family (at least in a financial sense), and lighten the burden on charities and the state to support women and children." When New York authorized probation as

1904-407: The circumstances of the convict, and the recommendations from the corrections officials. A probation officer may imprison a probationer and petition the court to find that the probationer committed a violation of probation. The court will request that the defendant appear at a show cause hearing at which the prosecutor must demonstrate by a preponderance of the evidence that the defendant committed

1960-779: The consent of a justice of his court." The Office of the Commissioner of Probation (OCP), located in Boston, MA, serves as the central administrative office for the MPS. Appointed by the Chief Justice for Administration and Management (CJAM), the Commissioner establishes standards for probation practice, provides training to probation personnel, and qualifies individuals for appointment as probation officers. The Commissioner's Office also conducts research on statewide crime and delinquency trends. The Probation Service has several forward leaning programs to attack probation issues, including

2016-459: The court system and take on a more bureaucratic , social worker role. Home detention, GPS monitoring and computer management are highly intrusive forms of probation in which the offender is very closely monitored. It is common for violent criminals, higher-ranking gang members, habitual offenders, and sex offenders to be supervised at this level. Some jurisdictions require offenders under such supervision to waive their constitutional rights under

2072-421: The court what action to take. Correction officials first go through an investigation process during the pretrial period. They assess the offender's background and history to determine whether the offender can be released safely back into the community. The officers then write a report on the offender. The courts use the report to determine whether the offender shall be put on probation instead of going to jail. After

2128-548: The customers and not reveal that they were club employees. The 11th Circuit ruled that Takhalov deceived their customers, but this deception didn't amount to defrauding the customers under the Wire Fraud statute. There are many types of mail fraud schemes, including employment fraud , financial fraud, fraud against older Americans , sweepstakes and lottery fraud , and telemarketing fraud . Additional information about these various types of mail fraud schemes can be found on

2184-419: The defendant's conviction of a subsequent offense or failure to report to the probation officer as ordered. If a violation is found, the severity of the penalties may depend upon the facts of the original offense, the facts of the violation, and the probationer's criminal history. For example, if an offender is on probation for a gang-related offense, subsequent "association with known criminals" may be viewed as

2240-475: The direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a Presidential declared major disaster or emergency (as those terms are defined in section 102 of

2296-405: The duration of the term of probation. At the end of the informal period, the case is typically dismissed. This is usually offered as part of a plea bargain or pre-trial diversion. Some programs give a sentencing judge the power to reconsider an original jail sentence. The judge may recall the inmate from jail and put him or her on probation within the community instead. The courts have a theory that

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2352-503: The entry of acquittals on all counts citing insufficiency of evidence. The Court of Appeals also admonished the lower court for the allowance of a high number of juror questions at trial. In May 2013, Edward Dolan was named the new Commissioner of Probation in the wake of the scandal. Probation Offenders are ordinarily required to maintain law-abiding behavior, and may be ordered to refrain from possession of firearms, remain employed, participate in an educational program, abide by

2408-602: The general and business life of members of society ' ". As interpreted, these requirements are not difficult to meet; the Justice Department claims to defer federal prosecution for petty local fraud. In 1987, the Supreme Court of the United States ruled in McNally v. United States to narrow the scope of the mail and wire fraud statutes, ruling that the statute pertained only to schemes to defraud victims of tangible property, including money. In 1988, Congress enacted

2464-600: The mayor of Boston hired a former police officer, the ironically named "Captain Savage", to become what many recognize as the first official probation officer. By the mid-19th century, however, many Federal Courts were using a judicial reprieve to suspend sentences and this posed a legal question. In 1916, the United States Supreme Court , in Ex parte United States Petitioner Mandamus Judge Killets (also known as

2520-409: The offender is found guilty, the probation officer puts together a pre-sentence investigation report (PSI). Courts base their sentencing on it. Finally, courts make their decisions as to whether to imprison the convict or to assign him or her probation. If a court decides to grant a person probation, they must then determine how to impose the sentence based on the seriousness of the crime, recidivism ,

2576-486: The onset or near the end of the probationary period, or not at all. If terms are not completed, an officer may file a petition to revoke probation. Informal probation may occur with deferred adjudication , without the defendant's having been convicted of a criminal offense, or may occur following a guilty plea pending the completion of terms set forth in a plea agreement. As with other forms of probation, terms may include drug testing or waiver of Fourth Amendment rights for

2632-520: The passage of the National Probation Act on March 5, 1925, signed by President Calvin Coolidge , the U.S. Federal Probation Service was established. At the state level, pursuant to the Crime Control and Consent Act of 1936, a group of states entered into an agreement wherein they would supervise probationers and parolees who resided in each other's jurisdictions on each other's behalf. Known as

2688-621: The phone. The United States Court of Appeals for the Second Circuit ruled that the "repugnant" conduct of the company did not amount to criminality. Lustiger v. United States , 386 F.2d 132 ( 9th Cir. , 1967), involved a real estate advertisement mail fraud. The defendant stated that as a salesman he had engaged in puffery . In United States v. Takhalov (2016), female nightclub employees would pose as tourists, engage with potential customers, and lure them into nightclubs owned by Takhalov. The employees would express romantic interest in

2744-534: The purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing to be sent or delivered by the Postal Service , or deposits or causes to be deposited any matter or thing to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to

2800-536: The purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 )), or affects

2856-437: The purposes of this chapter, the term "scheme or artifice to defraud" includes a scheme or artifice to deprive another of the intangible right of honest services. There are three elements to mail and wire fraud: Mail fraud applies only to United States domestic mailings and use of interstate carriers ( UPS , FedEx ) which must originate in one state, and successfully terminate pursuant to the address label inside another state,

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2912-569: The regular police force, but so far as necessary in the performance of his official duties shall, except as otherwise provided, have all the powers of a police officer, and if appointed by the superior court may, by its direction, act in any part of the commonwealth. He shall report to the court, and his records may at all times be inspected by police officials of the towns of the commonwealth; provided, that his records in cases arising under sections fifty-two to fifty-nine, inclusive, of chapter one hundred and nineteen shall not be open to inspection without

2968-521: The underlying delinquency is minor. Some types of supervision may entail installing some form of monitoring software or conducting computer searches to ascertain what an offender is doing online. Cybercrime specialist in corrections, Art Bowker , noted: "This is an area more and more community corrections officers are going to have to get up to speed on, learning how to enforce conditions that restrict and/or monitor cyber offenders' computer and internet use." Bowker, also observed that "The use of social media

3024-431: The use or possession of alcohol and other drugs and may be ordered to submit to alcohol/ drug tests or participate in alcohol/drug psychological treatment. Offenders on probation might be fitted with an electronic tag (or monitor), which signals their movement to officials. Some courts permit defendants of limited means to perform community service in order to pay off their probation fines. The concept of probation, from

3080-648: Was alleged in published reports of bribing members of the Massachusetts Legislature by giving jobs to their supporters, friends, and relatives. He was convicted of four counts of mail fraud , and one count each for racketeering , and racketeering conspiracy. The verdict was pronounced on July 24, 2014. On December 19, 2016 the United States Court of Appeals for the First Circuit reversed the conviction of O'Brien and ordered

3136-512: Was instrumental in the creation of designated family courts in the United States as well, which subsequently assumed jurisdiction of nonsupport cases. In the United States, most probation agencies have armed probation officers. In 39 states, territories and federal probation, such arming is either mandated or optional. Arming is allowed in an increasing number of jurisdictions. Probation officers are commonly peace officers who possess limited police powers and in some instances, are employed via

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