WHAT IS PRE-TRIAL PROBATION G.L. c. 276, § 87
Pre-trial Probation or a “General Continuance” is a highly sought criminal disposition (result). It is a conditional disposition anticipating dismissal of criminal charges. It basically means that the District Attorney will halt or stop your prosecution in return for you remaining out of trouble (and maybe completing some program or conditions during that set time period as well) and in return, the case is DISMISSED. Normally, the person does not have to even return to court for the entry of the dismissal.
If a person who agrees to Pre-Trial probation fails to comply, the remedy is for the case is that it is returned to the active court docket. Once it is back on the "docket" you and your lawyer can defend the matter as you wish. You can plea it, meaning make a deal, you can elect a trial or you may find another way to dismiss the case, such as a motion to suppress or dismiss. Either way, you give up nothing when you agree to a Pre-trial Probation. Lastly, the most attractive component to this disposition is that the person charged NEVER admits to any wrongdoing, which is essential for criminal records and other challenges such as immigration and licenses other collateral consequences. Now, it is important to remember that pre-trial probation is different that conditions of release pending trial. Conditions of release pending trial simply means the judge is requiring you to perform or not perform certain things while the case proceeds to the trial date.
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 CONTACTCRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.
CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.