Pretrial Probation is governed by Massachusetts General Laws, Chapter 276, Section 87. Pretrial probation is sometimes used to establish conditions of bail pending resolution to a criminal case. However, it may also be used to impose terms of release. Finally, pretrial probation may be used as a way to resolve a criminal case. It is a very good disposition to get and difficult to attain in most cases.
If you resolve your criminal charges by way of pretrial probation, you will not be required to plea or admit to being guilty or sufficient facts. The judge can order a term of pretrial probation for any amount of time. If you receive pretrial probation on a criminal charge and do not violate the terms of your probation, your criminal charges will be dismissed. If you violate the terms of your pretrial probation, the prosecution could ask the judge to put the criminal charges back on the trial list. Therefore, if you violate the terms of pretrial probation, you could end up facing the criminal charges again. If the judge does decide to place your charges back on the criminal list, it is extremely difficult to resolve your case by way of pretrial probation again.
In order to resolve your case through pretrial probation, the prosecutor needs to agree to the disposition. A judge cannot place you on pretrial probation over the prosecutor’s objection. Pretrial probation is usually a good resolution to your case. Unfortunately, pretrial probation is usually difficult to attain in most cases.