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Pre-Trial Probation

Under Massachusetts General Laws Chapter 276 Section 87, the trial court may place a person on pre-trial probation. Pre-trial probation is a court-approved agreement or contract between the prosecutor and defendant before a trial or a plea of guilty. Under such an agreement, a defendant is placed on probation, in the care of a probation officer, for a certain period of time and under certain conditions before he is convicted of any crime. Probation may be supervised or unsupervised. In return, the charges will be dismissed upon the defendant’s successful completion of his probation. If, on the other hand, the defendant violates any condition of his probation, then the charges will not be dismissed and the case will proceed normally.

I Violated My Pretrial Probation in Massachusetts. Can the Judge Send Me to Jail?

Absolutely not. A defendant cannot be imprisoned for violating his pre-trial probation because he has neither been convicted nor pled guilty to any crime. However, a defendant who violates pre-trial probation can be held with or without bail if the court so decides at a bail hearing.

Can the Conditions of My Pretrial Probation be Modified?

Although a pre-trial probation agreement is entered with the defendant’s consent, the court retains the authority to modify the conditions of probation as long as the change is not the equivalent of a new punishment. Probationary conditions signed by the defendant have no force without the court order, and probation derives enforceability from a court order, not from the defendant’s agreement. Common probationary conditions include participation in rehabilitative programs, performance of community service, periodic reporting to probation and seeking and retaining employment. The court may also modify the time period of probation, provided that it does so within the original probationary period or within a reasonable time after that period has ended.

All conditions of probation must be reasonably related to probationary goals in order to survive constitutional scrutiny. Probationary goals are typically rehabilitative, but they may be punitive, retributive or deterrent.

Pretrial Probation may be the Only Way to Avoid Deportation

Sometimes district attorneys offer a continuance without a finding thinking they are being generous to a defendant. Regardless of their intentions a continuance without a finding (CWOF) might result in deportation. CWOFs are considered convictions for immigration purposes. If you are not an American citizen you should ask your lawyer about this. We have been successful getting prosecutors to agree to pretrial probation in cases where our clients face deportation. Non-citizens charged with minor drug offenses represent a large contingent of people we represent with this problem. We get our clients pretrial probation when necessary.

Pre-trial probation is not widely available, and usually less serious offenses are involved when it is available. It is not an option after a plea or admission. The current economic slump will continue to exacerbate the overcrowded conditions in Massachusetts prisons, and that will doubtlessly result in institutional pressure on practitioners to know the probation system inside and out. In his twenty-years of experience defending criminal charges, Stephen Neyman has gained unparalleled knowledge of probation procedures. If you have any questions regarding pre-trial probation or other criminal matters, call the Law Offices of Stephen Neyman, P.C. at 617-263-6800 or contact us online today. Si usted habla español contacte a nuestro asistente legal Maria Rivera en 617-877-6270.

Case Results >> Pre-Trial Probation
  • Charges of Malicious Destruction to a Motor Vehicle to be Dismissed

    Nearly a year and one half ago our client was charged with malicious destruction to a motor vehicle under G.L. c. 266 section 28A. The client suffers from a severe mental illness that has resulted in several criminal complaints spanning four Massachusetts counties. Many of his cases have recently been resolved. None of the cases on which we have represented the defendant resulted in criminal convictions. Nor with this case. It is scheduled to be dismissed following successful treatment for his mental health issues. 

    Read More in Pretrial Probation 

  • Pretrial Probation for Civil Engineer Charged With Domestic Assault and Battery Intimidation of a Witness and Malicious Destruction of Property

    In December of 2020 a woman called 911 about a past domestic assault and battery. A detective went to her house to interview her about the incident. The woman related that nearly eight weeks earlier she and her husband got into a verbal dispute that turned physical. While arguing about the proposal of a divorce our client supposedly struck the woman several times, took her cell phone from her to prevent her from calling the police and smashed it on the ground making it unusable. He was charged with domestic assault and battery under G.L. c. 265 section 13M, intimidation of a witness under G.L. c. 268 section 13B and malicious destruction to property under $1,200 in violation of G.L. c. 266 section 127. The victim was adamant about our client having a conviction. Were that to happen he would be subject to deportation as he is not a United States citizen. Our investigator was able to demonstrate that the woman's claims were grossly exaggerated. As a result the district attorney's office agreed to pretrial probation under G.L. c. 276 section 87 for a six month period. At that time the case will be dismissed. 

    Read More in Malicious Destruction to Property

  • Domestic Assault and Battery Case Previously Dismissed After Completion of Pretrial Probation Sealed

    Over a year ago our client was charged with domestic assault and battery under G.L. c. 265 section 13M. Our office was able to get him pretrial probation under G.L. c. 276 section 87. The man successfully completed the probationary period and the case was dismissed. Fearing that prospective employers would be able to access information he asked us to petition to seal the case under G.L. c. 276 section 100C. Today, over the objection of the assistant district attorney the judge allowed our petition and sealed the case. 

    Read More in Pretrial Probation 

Client Reviews
★★★★★
"We went to trial and won. He saved me fifteen years mandatory in state prison for this case." A.C. Boston, Massachusetts
★★★★★
"I hired him and he got the case dismissed before I had to go into a courtroom. My school never found out and if they had I would have lost my academic scholarships. He really saved my college career." Melissa C. Cold Spring, New York, October 2013
★★★★★
"My union rep told me to call Steve Neyman. From the get go I felt comfortable with him. He took the time to talk to me about my case whenever I needed .... He even gave me his personal cell number and took all my calls. We won the case and I kept my job." Bart L. S.
★★★★★
"The best criminal defense lawyer in Massachusetts. Takes all of his client's calls at any time of the day or night. He was always there for me and my family. Steve saved my life." Jacquille D. Brockton, Massachusetts
★★★★★
"In less than two months Stephen Neyman got my old conviction vacated. I now have no criminal record." Paul W. Boston, Massachusetts