Legal Question in Criminal Law in Massachusetts

Re: Compel Witness

I would propose that you get your criminal matter behind you, and then worry about what to do with the failed appearance. To have a witness at trial, you must serve that witness with a Subpoena. Use a sheriff, or a constable, to effect service. They know the technicalities, and can provide proof that the witness was "served" properly (a return of service). If you have not done your part properly, you run the risk of having to go forward without the witness. If you did follow the correct process the last time, and the Registrar failed to appear without just cause, the registrar can be found in contempt... but that usually does not happen unless it is clear to the judge that the Registrar had the ability to come, was properly summonsed to court, and intentionally did not come. They could have been sick, for all the Judge knows.

If you have done everything properly to get the witness there, and you go next time and the witness is not present, the Judge can issue a Bench Warrant, and literally have a sheriff go and get the person to testify. You will never get this if you have not followed all the right steps first. Good luck!!

Re: Compel Witness

Mr. Shea's response seems more accurate. You can ask also the Court to issue its own summons for in-hand service; you can ask the Court to order a show-cause hearing.

Re: Compel Witness

Go back before a judge and request a "bench warrant" to be issued. Be prepared to show that you actually served the witness the first time and that the individual failed to show. If you don not have a "return of service" you're out of luck.