Legal Question in Criminal Law in Massachusetts

Re: ignoring a summons

Have you told the Commonwealth that you do not wish to testify and that you want the case dismissed? If you do not appear and the Commonwealth can prove that you actually received the summons (usually through in hand service by a constable or police officer), the Commonwealth can ask the court for a bench warrant for your arrest. This is usually done on very serious cases. Many times if you do not wish to go forward and you tell the ADA that then they will have you sign affidavit which states the same and the case will then be dismissed. I would really need to know more about the charges, your involvement, if any, with the prosecutor and the defendant's record to be able to adivse you properly. Hope that this helps. Martha Kovner

Re: ignoring a summons

You are legally obligated to appear on the date specified by the summons. It is a court order. You are also legally obligated to give testimony in the matter. When you appear you can tell the prosecutor that you wish the charges dismissed. The prosecutor will take this into consideration but is not bound by your wishes.

If you do not appear and you have been served w/ the summons, a judge could issue a bench warrant commanding the police to find you and transport you to court. This is pretty rare. In most cases I see where the victim doesn't show, the case is either dismissed or continued. This fact however, in no way legally excuses you from appearing.

Robert Kidd