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Pre-trial probation is usually a very good resolution to a criminal case. Essentially, Massachusetts General Laws Chapter 276, section 87 allows for the court to place someone on probation for a certain period of time. Usually, if the person is able to complete probation and abide by all the terms, the case is dismissed pre-arraignment. This means that the case should not even show up on a person’s board of probation record.
However, if a person is unable to abide by the terms of probation, the case is placed back on the trial list. Essentially, this means that the case is going to be prosecutor against the offender.
Pre-trial probation is a good way to resolve a case because the person does not need to admit to committing the offense. The person is never pleads guilty or admit to anything about the charges. Pre-trial probation is very different than a continuance without a finding. With a continuance with a finding the person still needs to admit to something on the record.
The court cannot place anyone on pre-trial probation without the Commonwealth, usually represented by an assistant district attorney’s consent. Commonwealth v. Cheney, a 2003 case essentially states that the judge cannot place someone on supervised probation over the Commonwealth’s objection.
For the most part, pre-trial probation is usually a good resolution to a criminal charge. However, depending on the charge it may be a difficult resolution to obtain.
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For more information:
Mass General Laws http://www.mass.gov/legis/laws/mgl/276-87.htm
District Attorney’s Association resources regarding pre-trial probation http://www.mass.gov/?pageID=dmdasubtopic&L=5&L0=Home&L1=Court+Decisions&L2=Court+Decisions+by+Topic&L3=Sentencing&L4=Pretrial+Probation&sid=Dmdaa
Paxton woman charged with sex for a fee placed on pre-trial probation http://www.encyclopedia.com/doc/1G1-160496680.html
For more information: visit www.attorneychan.com or contact me at 508-808-8902