Legal Question in Criminal Law in Massachusetts

Re: Judge orders default after giving permission to not appear.

Something is confusing in your description. A Massachusetts Court will not waive the appearance of a defendant at the Pretrial Conference. Perhaps at a status conference, or at a motion session, but never at a Pretrial Conference.

If you were wrongfully detained, you may be able to have your attorney use that fact to your advantage, in negotiating a resolution to the case. Your attorney will not appear on your behalf if you have not paid the retainer, and a $500 retainer is not usually enough to secure the attorney's appearance in Court. It certainly will not pay for an attorney to take the matter to trial. Do you have a signed fee agreement?? Did you meet your financial committments?? If so, contact the attorney you hired and ask him or her what they are going to do for you. They work for you, if they are retained. If they are not doing what you want them to do, you can hire another lawyer to represent you.

Re: Judge orders default after giving permission to not appear.

All district court hearings are taped, so there should be a tape of the judge telling you that you don't have to appear. Go down to the clerks office and order that tape if you want. If you are not happy with your lawyer, tell him so and ask for your money back.