Massachusetts General Laws ch. 276A sec. 7 – Expiration of stay or continuance; report of successful completion or recommendation of extension
Section 7. Upon the expiration of the initial ninety-day stay of proceedings or a continuance without a finding, the program director shall submit to the court a report indicating the successful completion of the program by a defendant or recommending an extension of the stay of proceedings or a continuance without a finding for not more than an additional ninety days, so that the defendant may complete the program successfully.
Terms Used In Massachusetts General Laws ch. 276A sec. 7
- Continuance: Putting off of a hearing ot trial until a later time.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
If the report indicates the successful completion of the program by a defendant, the judge may dismiss the original charges pending against the defendant. If the report recommends an extension of the stay of proceedings or a continuance without a finding, the judge may, on the basis of the report and any other relevant evidence, take such action as he deems appropriate, including the dismissal of the charges, the granting of an extension of the stay of proceedings or a continuance without a finding, or the resumption of criminal proceedings. In the event that an extension of the stay of proceedings or a continuance without a finding is granted, the program director shall submit a final report upon the expiration of such stay of proceedings.