What is Pre-trial Probation in Massachusetts?
Massachusetts Minor CrimesMisdemeanor Criminal Offense LawyerPre-trial Probation, MassachusettsQ: What is Pre-trial Probation in Massachusetts? A:
Pre-trial probation is a very good disposition for a defendant. However, it is very difficult to attain, is only available in limited circumstances, and must be agreed to by the prosecution.
In most cases involving pre-trial probation, the defendant has been arraigned on the criminal charges, and agrees to abide by certain conditions of release (i.e. while out on bail or personal recognizance
) while the case is pending. Conditions of release might include staying away from or paying restitution to an alleged victim, performing community service hours, attending a court-ordered educational class, or a combination thereof. If after a certain period of time (usually 3- 6 months) and before the case is brought to trial, the defendant abides by all conditions of release, the judge will dismiss the case. This is a much better disposition than a CWOF,
because you are not admitting to sufficient evidence for a guilty finding. Therefore, it can not be held against you as a prior offense if you are ever charged with a crime in the future. Additionally, violating the conditions of pre-trial probation, in and of itself, will not result in the imposition of a conviction or jail time. However, violation of pre-trial conditions will cause the case to be brought back before the court and put on the trial list for full prosecution. Urbelis Law, LLC
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