Dispositions After Arraignment
It is important to note that even if a person is arraigned and a criminal record is created, there may be other favorable dispositions available. Some examples include:
- Pretrial Probation: With the assistant district attorney’s consent, the case is continued while you comply with conditions. Successful completion results in dismissal.
- Nolle Prosequi (Nol Pros): The assistant district attorney drops the charges (with or without your agreement). This is a dismissal.
- Full Dismissal: This occurs by a judge or prosecutor for lack of probable cause, for a speedy-trial violation, or for other reasons.
All the above are very favorable, however they do appear on a person’s criminal history, despite being dismissed.
If early diversion options, pretrial probation, or a dismissal is not available, there is often the availability of a Continuance without a Finding.
Continuance Without a Finding (CWOF) – A Common “Guilty Finding” Alternative
A CWOF is often described as a “guilty finding that doesn’t get entered” (under M.G.L. c. 278, § 18). You admit that the Commonwealth has sufficient facts to prove guilt, but the judge does not enter a formal guilty finding. Instead, the judge continues the case for a set period (often 6–18 months) and places you on probation with specific conditions (e.g., no new offenses, counseling, restitution, or drug testing).
- Successful completion: The charges are dismissed at the end of the continuance period. You avoid a conviction on your record for most purposes (though it may count for immigration or certain licensing).
- Violation of probation: The judge can revoke the CWOF, enter the guilty finding, and impose any sentence up to the statutory maximum.
CWOFs are one of the most defendant-friendly post-arraignment outcomes because they offer a path to full dismissal even after arraignment.
Guilty with a Suspended Sentence
Once a guilty finding is entered (by plea or verdict), the judge may impose a specific term of incarceration but suspend it entirely. You are placed on probation for a designated period (often 1–3 years or longer).
- You serve no jail time immediately.
- If you successfully complete probation, you never serve the suspended sentence.
- If you violate probation (new offense or breach of conditions), the judge must impose the exact suspended jail term (no discretion to shorten it in most cases).
Example: A 2-year suspended sentence on 2 years’ probation means you walk free today but face 2 years in the House of Correction if probation is violated. Suspended sentences are common for first-time or lower-level offenders where the judge wants accountability without immediate incarceration.
Guilty with Jail Time (“Straight Time” or Committed Sentence)
The judge imposes a definite period of incarceration with no suspended portion and no probation to follow.
- You serve the full sentence (minus any good time or credits).
- No supervision after release unless the sentence is short and followed by parole eligibility.
- This is the most punitive “straight” sentence and is typically reserved for more serious offenses or defendants with significant criminal records.
District Court maximums are generally 2½ years in the House of Correction; longer sentences go to Superior Court (state prison).
Guilty with a Split Sentence
A split sentence combines immediate incarceration with a suspended portion on probation.
- Part of the sentence is served immediately (the “committed” or “straight” portion).
- The remainder is suspended, and you are placed on probation afterward.
- If probation is completed successfully, you serve only the initial jail time.
- If violated, you can be ordered to serve the suspended balance.
Example: “6 months to serve, balance of 18 months suspended for 2 years’ probation.” You serve 6 months in the House of Correction, then are released on probation. Split sentences are very common in District Court for mid-level offenses because they provide both punishment and ongoing supervision.
Mandatory Minimum Sentences – When Negotiation Is Limited
For certain offenses (e.g., repeat OUI, specific firearm violations, drug trafficking in certain quantities, some violent crimes), statutes impose mandatory minimum terms of incarceration that cannot be suspended or reduced below the statutory floor. In these cases, the judge has no discretion to impose a lower sentence, CWOF, or full suspension—even if the prosecutor and defense agree.
Examples include:
- Certain subsequent OUI offenses (60 or 180 days minimum).
- Firearm possession by a prohibited person (18 months or more).
- Drug trafficking thresholds (3.5+ years in many cases).
In non-mandatory cases, the exact length of probation, suspended time, or incarceration is almost always the product of negotiation.
Key Takeaways
Massachusetts law prioritizes rehabilitation and second chances for many lower-level offenses, which is why CWOFs, suspended sentences, and split sentences are common tools. However, once a guilty finding enters, the stakes rise dramatically—employment, housing, licensing, and immigration consequences can follow. Early and experienced legal representation is essential to maximize your chances of avoiding conviction altogether or securing the most lenient sentence possible.
IF YOU OR A LOVED ONE HAVE BEEN CHARGED WITH A CRIME, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.
CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.
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