What is Pretrial Probation in Massachusetts?

Written By: Matthew W. Peterson

Published: 10/22/2021

Share Us:

Pretrial Probation in Massachusetts

Pretrial probation in Massachusetts is a way to get your pending criminal charge dismissed. This is also called a general continuance. Whether you are approved for pretrial probation depends on what the prosecutor assigned to your case decides. Pretrial probation is fairly difficult to obtain, but if you do, it is a great position to be in to try to get your current criminal charge dismissed.

How Do I Get Pretrial Probation?

In order to get pretrial probation, your attorney must help you apply for it. To apply for pretrial probation, your criminal defense attorney needs to submit a packet of information to the district attorney. This will generally include information about your background, work history, and criminal record. Your defense attorney may also attend a hearing to argue to a judge, why you should get pretrial probation.

If you are approved for pretrial probation in Massachusetts, your case will be continued (postponed) for a period of time, on certain conditions. If you abide by those conditions, your case would be dismissed, and the prosecution can never charge you with that same offense again. Getting pretrial probation not only is a great chance for you to get your charges completely dismissed, it has the potential to save you a lot of time and money. If you follow the rules set by the judge during your pretrial probation, there will be no further court proceedings for that specific charge.

What are Some Possible Conditions of Pretrial Probation?

Staying away from an alleged victim
Paying restitution to the alleged victim
Community service
Drug testing
Attending rehabilitative court-ordered programs

How Long Does Pretrial Probation Last?

Usually, pretrial probation lasts between 3 and 24 months in Massachusetts.

Pretrial probation differs from a continuance without a finding because you do not have to admit that you’re guilty. If you violate the conditions of pretrial probation, your bail could be revoked. However, it is possible that the judge will not sentence you, and you could still contest the charges.

Whether you can get pretrial probation depends mostly on your criminal record and the nature of the current charges. The district attorney will generally not agree to pretrial probation if your charges are serious/ violent, or if you have a serious prior criminal record.

Experienced Criminal Defense Attorney in Boston Massachusetts

Pretrial probation in Massachusetts is a good way to get your criminal charges dismissed, but you need an experienced criminal defense attorney to help you make your case to the district attorney. If you think you may qualify for pretrial probation and are looking to apply in Massachusetts, call or text the Law Office of Matthew W. Peterson at (617) 295-7500. Let’s get started on your defense today!

Frequently Asked Questions (FAQs) about Pretrial Probation in Massachusetts

1. What is the difference between pretrial probation and a continuance without a finding?

Pretrial probation allows you to avoid admitting guilt while your case is postponed under specific conditions. In contrast, a continuance without a finding typically requires a defendant to admit that there is enough evidence for a conviction, even if no formal judgment is entered

2. What happens if I violate the conditions of my pretrial probation?

If you violate the conditions of your pretrial probation, your bail may be revoked, and you could face further legal consequences. However, it is possible for the judge to allow you to contest the charges instead of imposing a sentence.

3. Can I apply for pretrial probation if I have a prior criminal record?

Yes, you can apply for pretrial probation even if you have a prior criminal record. However, the likelihood of approval depends on the severity of your previous offenses and the nature of the current charges against you.

4. What types of conditions might be imposed during pretrial probation?

Conditions can vary widely but may include staying away from alleged victims, paying restitution, completing community service, undergoing drug testing, and attending court-ordered rehabilitative programs.

5. How can I increase my chances of being approved for pretrial probation?

To increase your chances of being approved for pretrial probation, it is crucial to work with an experienced criminal defense attorney who can present a strong case to the district attorney, highlighting your background and any mitigating factors related to your charges.