Massachusetts Judge Terminates Pretrial Probation Early for Military Veteran; Criminal Charges Dismissed

Our client is a military veteran who was placed on pretrial probation pursuant to Massachusetts General Laws Chapter 276, Section 87, several months ago. The criminal charges included:

• Trespassing, G.L. c. 266, § 120.
• Resisting arrest, G.L. c. 268, § 32B.
• Being a disorderly person, G.L. c. 272, § 53(b).
• Assault and battery, G.L. c. 265, § 13A.
• Possession of a Class B controlled substance, G.L. c. 94C, § 34.

Pretrial probation is an alternative to proceeding with a criminal prosecution. Under Massachusetts General Laws Chapter 276, Section 87, a judge may place a defendant on probation before trial, subject to specified conditions.

Several months after being placed on pretrial probation, our client became aware of employment opportunities that he wanted to pursue. However, he was concerned that the pending criminal case and his pretrial probation status could create problems during an employment background check. Rather than allow this concern to prevent him from pursuing these opportunities, he contacted our office to determine whether we could seek early termination of his pretrial probation.

Attorney Stephen Neyman filed a motion requesting that the court terminate the pretrial probation before its scheduled expiration. Attorney Neyman presented the request to the assistant district attorney prosecuting the case. After reviewing the circumstances, the prosecutor agreed not to oppose the motion.

The judge agreed with our request and signed the order terminating pretrial probation early. As a result, the criminal case was formally dismissed.

This was an important outcome for our client, a military veteran who wanted to move forward with his employment opportunities without having to wait for the originally scheduled expiration of his pretrial probation.

If you have been placed on pretrial probation in Massachusetts, you may have options for seeking early termination. An experienced Massachusetts criminal defense attorney can evaluate your circumstances and determine whether requesting early termination is appropriate.