Commonwealth v. Tim T.

A judge in the juvenile session of the District Court reported three questions to the Appeals Court:

“1. Pursuant to G. L. c. 276, § 87 and using the procedure described in Commonwealth v. Brandano, 359 *593Mass. 332 (1971), may a court place a criminal defendant on pretrial probation for a period of years, with dismissal at the end of the probationary period, over the Commonwealth’s objection?”

“2. If the answer to question 1 is yes, is pretrial probation, over the Commonwealth’s objection, an available dispositional device for individuals charged with a violation of either [G. L. c. 265, §§ 23 or…