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I got busted for larceny and I got a trial in a few months. I read the post about pre-trial diversion but I'm 24 years old. So could I get pre-trial probation instead? I've never been arrested for anything else except for one minor thing when I was a juvenile. Thanks.

Pre-trial probation

Not a lot of facts in your question, so I'll just give you some general information about pre-trial probation.  Massachusetts General Laws Chapter 276, Section 87 allows a court to place a defendant on probation for a period, often 6 months, without taking any plea from the defendant.  If the defendant can keep his nose clean during the period, and abide by any terms imposed by the court, the case is dismissed pre-arraignment. In that case, as in the case of a pre-trial diversion, the charges should not show up on your probation record.  Obviously, if the defendant does not stay out of trouble or abide by all terms of the probation, the court will place the matter back on the trial list.

This is considered a great resolution because the defendant does not have to admit to committing an offense and never enters a plea.  And, as you noted, unlike with the pre-trial diversion, there is no age limit. However, under Commonwealth v. Cheney, 440 Mass. 568 (December 15, 2003), no court can place a defendant on pre-trial probation unless the commonwealth (through the district attorney or the prosecutor) agrees.  And prosecutors do not give these resolutions away.  Pre-trial probation is usually reserved for relatively minor offenses.  You'll have to talk to your defense attorney to see if she thinks you might qualify. Hope that helps.  Good luck.

 

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