There are a number of different ways to
prevent a criminal charge or arrest from every appearing on your
record. One them that I've used successfully a number of times is
called a pre-trial diversion.
What is a Pretrial
Diversion?
Under Massachusetts General Laws, Chapter 276a, there is a
provision for a pretrial diversion. A judge is allowed discretion to
allow a criminal charges to be diverted directly to a community
service or other program.
When you complete the program or service required, the criminal
case is dismissed before it is ever arraigned. Therefore, no record of
your criminal charge, or even the fact that you were arrested will
exist!
We can request a pretrial diversion at an
arraignment date by filing a motion, affidavit, and memorandum to
divert the case to a program or community service.
Who is eligible for a pretrial diversion?
To be eligible for a pretrial diversion in Massachusetts, you must:
- Be between the ages of 17-21
- Be accused of a first offense, misdemeanor charge, such as
minor in possession of alcohol, drug possession, traffic
violation, shoplifting, or anything other than a violent crime.
If you don't meet these criteria, there
are other options to deal with criminal charges, including contesting
the evidentiary grounds for arrest at a
show cause, or clerk's
hearing.
Free consultation on Pretrial
Diversion Programs and other Criminal Defense Strategies
If you are facing a criminal charge in
Massachusetts, and feel that your rights may have been violated and
need a criminal suppression hearing, call me now at my office in
Dedham, MA at (781)326-2700, or my Brockton office to
schedule your free first appointment now.
By calling, you have nothing to lose.
I'll be happy to talk with you and discuss your case before you decide
if you want to hire me. Defending people accused of crimes is what I
do, everyday, in courts across Massachusetts. Call to set up a free consultation now.
Sincerely,
Elliot Savitz, Attorney at Law
30 Eastbrook Road
Suite 201
Dedham, MA 02026
(781)326-2700