Legal Question in Criminal Law in Massachusetts

Failed to Summon or Send Notice of Further Hearings

The Comm. of Ma failed to Summon a defendant after charges were filed against her, she did not show up at ''complaint hearing'' , though she sent a ''sworn Statement'' stating the reason for not appearing and requesting that if her presense was further needed she be notified. The Commonwealth went ahead to formulate and file charges, but never sent her a notice for a return date, though they had two good mailing address for her. The defendant lives out of state and did not have the funds to travel to the initial ''complaint hearing''. Is the Comm. of Ma required to send notice of further hearing dates if the matter proceeds?


Asked on 9/05/06, 8:23 am

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Failed to Summon or Send Notice of Further Hearings

A person against whom a request for a complaint is issued is entitled, under some conditions, to a clerk's hearing. Sending a sworn statement is meaningless. If the moving party is present, and themoving party presents enough evidence in the defendant's absence, assuming the minimal legal burden is proved, the clerk will issue a criminal complaint. Thereafter, an arraignment will be scheduled. Usually notice of the arraignment will be mailed.

Now you claim you never received notice. The best place to check if notice was mailed, is to contact the clerk's office and have them check when and how notice was served. Then you will be in a better position to assess if the notice was proper. Even if there is an error in service of the notice, this is not fatal for the Commonwealth. The ultimate problem is still the defendant's to appear at all required court events and proceedings.

If you have more information, or want to consult with me, contact or call me at 978.749.3606.

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Answered on 9/05/06, 8:42 am


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