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COMMONWEALTH v. NEWBERRY

SJC-12575.

483 Mass. 186 (2019)

COMMONWEALTH v. DENEISHA D. NEWBERRY.

Supreme Judicial Court of Massachusetts, Suffolk.

September 18, 2019.

Corrected November 1, 2019.

Attorney(s) appearing for the Case

John P. Zanini, Assistant District Attorney (Cailin M. Campbell, Assistant District Attorney, also present) for the Commonwealth.

Sarah M. Joss, Special Assistant Attorney General (Nickeisha J. Davidson also present) for Massachusetts Probation Service.

Maureen Stanton Flaherty for the respondent.

Dana Alan Curhan, for Committee for Public Counsel Services & another, amici curiae, submitted a brief.

Present: GANTS, C.J., LENK, GAZIANO, LOWY, BUDD, CYPHER, & KAFKER, JJ.

The pretrial diversion statute, G. L. c. 276A, allows certain first-time offenders, who are charged with specified offenses in the District Court or the Boston Municipal Court, to seek pretrial diversion to a treatment program rather than proceed on the trial track. If, after screening, the probation service determines that the individual...

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