Pre-Arraignment Diversion For Investment Analyst Charged With Open and Gross Lewdness

Earlier this year a woman and her daughter were getting coffee in a Dunkin Donuts adjacent to a major highway. When the left the store to enter their car they observed a young man masturbating while seated in his car in broad daylight. The women immediately called 911. The driver quickly left the parking lot. They gave the police the man’s license plate and a description of him. The police located the man and obtained a very detailed confession. They then arrested the man and charged him with open and gross lewdness, a felony under G.L. c. 272 section 16. Attorney Neyman was immediately hired. We moved the arraignment back several months to get an evaluation for our client from a forensic psychologist. The evaluation convinced the district attorney’s office that our client was not a danger to the community, rather he suffered from depression stemming from anxiety during the COVID pandemic. Pre-arraignment diversion under G.L. c. 276A was agreed to. After successfully completing the young adult diversion program all charges against our client were dismissed prior to arraignment.

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