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Articles Posted in prosecutorial discretion

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Massachusetts SJC Says No Pre-Arraignment Diversion Without Prosecutor’s Approval

This week the Supreme Judicial Court (“SJC”) decided Commonwealth v. Newberry, in which it held that judges must arraign defendants prior to assigning them to pretrial diversion if the Commonwealth seeks arraignment. In my opinion the decision is wrong on the law, and eliminates an essential avenue for some defendants…