Plea Agreements in Massachusetts That are not Criminal Convictions
In a Massachusetts criminal case, there are many different ways to potentially resolve your case. Some of the ways to resolve a case include dismissal, pretrial probation, a CWOF or a suspended sentence.
- Dismissal of Massachusetts criminal charge
If you face charges that are not particularly serious, and have little or no record, there is a possibility your case could get the case dismissed on the payment of court costs, or some condition such as community service. A dismissal is one of the best ways to resolve a case without going to trial. When a case is dismissed, the district attorney is essentially agreeing either that the case is not particularly serious or that the case is not likely to be proven at trial.
- Pretrial Probation
Another type of disposition is called pre trial probation. With this disposition the Commonwealth agrees to continue the case for a period of time typically six months or one year and if during that period you incur no further criminal charges and abide by any of the conditions of pre trial probation, the case will then be dismissed. A disposition of pretrial probation is not often offered by a district attorney and many district attorneys are not authorized to place a defendant on pre trial probation. However it is still used though on a limited basis. Like a dismissal a pretrial probation will typically be offered for a defendant with little or no record and with a case that is not serious in the scope of things in the court.
- Resolving Massachusetts criminal charge with a CWOF
A disposition of a continuance without a finding, also known as a CWOF, is a very common way that cases are resolved in the district court. The important thing to understand about a continuance without a finding is that you are actually admitting to the criminal charges when you accept a continuance without a finding. Though a continuance without a finding is technically not a conviction, you still are admitting that the government could prove the case against you beyond a reasonable doubt.
To read more about the disposition of a CWOF, you can click here to read about Understanding the implications of a CWOF in Massachusetts.
The three best ways to avoid a criminal conviction in Massachusetts are as follows:
- Attempt to have the case resolved at a clerk Magistrate Hearing
- Negotiate a dismissal with the district attorney
- Convince the district attorney to allow you to be placed on pretrial probation.
If you have any questions about your Boston criminal charge, whether it is OUI , domestic assault and battery or a drug offense, you can call Attorney DelSignore at 781-686-5924 to discuss your case and how you can best prepare a defense to the charge.