Definition of terms

Massachusetts District/Municipal Court Rules for Probation Violation Proceedings

Rule: 2

Jurisdiction: MA

Bluebook Citation: Mass. Dist./Mun. Cts. R. Prob. Violation Proc. 2

As used in these rules, the following terms shall have the following meanings: "Continuance without a finding:" the order of a court, following a formal submission and acceptance of a plea of guilty or an admission to sufficient facts, whereby a criminal case is continued to a date certain without the formal entry of a guilty finding. A continuance without a finding may include conditions imposed in an order of probation (1) the violation of which may result in the revocation of the continuance, entry of a finding of guilty, and imposition of sentence, and (2) compliance with which will result in dismissal of the criminal case. "District attorney:" the criminal prosecuting authority including the Attorney General if the criminal case in which probation was ordered was prosecuted by the Office of the Attorney General. "General conditions of probation:" the conditions of probation that are imposed as a matter of course in every order of probation, as set forth in the official form promulgated for such orders. "Probation order:" the formal, written court order whereby a defendant is placed on probation and which expressly sets forth the conditions of probation. A probation order is not a contract. "Pretrial probation:" the probationary status of a defendant pursuant to a probation order issued prior to a trial or the formal submission and acceptance of a plea of guilty or an admission to sufficient facts, as provided in G.L. c. 276, § 87 . "Revocation of probation:" the revocation by a judge of an order of probation as a consequence of a determination that a condition of that probation order has been violated. "Special conditions of probation:" any condition of probation other than one of the general conditions of probation. "Surrender:" the procedure by which a probation officer requires a probationer to appear before the court for a judicial hearing regarding an allegation of probation violation.

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