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Pre-Arraignment Diversion For Graduate Student Charged With Breaking and Entering With the Intent to Commit a Felony
Our client is a graduate at a top rated university working towards his PhD. On May 31, 2021 he and a friend were in Boston near a construction site. They were celebrating being vaccinated and being able to go out more freely. The men had been drinking. They decided to enter the construction to climb up a newly constructed building to get a view of downtown Boston at night. Someone observed the man scale the construction fence and enter the building. The police were called. Both men were apprehended and charged with Breaking and Entering in the Nighttime With the Intent to Commit a Felony in violation of G.L. c. 266 section 16. We were hired. We moved the arraignment back and met with the district attorney’s office seeking pre-arraignment diversion pursuant to G.L. c. 276A. The prosecutor and the judge agreed with this resolution. The defendant was not arraigned and all charges have been dismissed.
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