Legal Question in Criminal Law in Massachusetts

Municipal criminal law

My friend has criminal charges for municipal law violations, real estate related. She has been to court numerous times all resulting in continuances. Yesterday she was due in court again, the DA admits they are not familiar with municipal law, and they have been using the city solicitor to prosecute, however yesterday he never showed up for court. The judge said one if he's not there and ready next time she'll throw the case out. My question is, if my friend didn't show up they would surely issue a warrant, how many times can the prosecuting attorney ''no-show''? Keep in mind this isn't the first ''no-show'' from the city. Is there a motion she can file to dismiss the case due to an obvious disregard of her right to a speedy trial? They have brought her back 3 times already for the arraignment while trying to figure out who should prosecute the case, due to the da's lack of knowledge on municipal laws. I would guess there's gotta be a time table otherwise they can keep this thing going forever.


Asked on 4/22/09, 12:38 pm

4 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Municipal criminal law

IN such an instance you are correct. There is no timetable. But your attorney should force a dismissal.

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Answered on 4/25/09, 9:24 pm
Gregory Casale Gregory Casale Attorney At Law

Re: Municipal criminal law

It sounds like the judge just told you that there are no more continuances due to lack of prosecution. When the DA makes a motion to continue and you object. It is then up to the judge to rule. He/she has so far been lenient to the prosecution and you are right; if you didn't show the court would issue a warrant for your arrest. There is no set amount of continuances, it is up to the judge and it sounds like he/she has already ruled in your case. Make sure YOU are there next time and ask that the case be dismissed if the prosecution is unavailable or unready. Be prepared to explain to the judge how many times the prosecution has been granted continuances previously.

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Answered on 4/22/09, 12:51 pm
George Davis Law Office of T. George Davis, Jr.

Re: Municipal criminal law

That was a very insightful question you've asked, and I agree with the response Attorney Casale provided you. The prosecution got more leeway than it may have been entitled to, but it sounds like they have just one more chance.

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Answered on 4/22/09, 4:29 pm
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Municipal criminal law

The judge has already expressed frustration with the Comm's prosecution of this case, and will likely dismiss next time if the Comm cannot meaningfully proceed. In other words, your friend doesn't need to do anything; the judge is already on it. Even if the Comm is prepared next date, the judge has already expressed frustration with the case/Comm and his/her desire to get rid of it, so it is likely that will soon occur -- on terms favorable to your friend -- one way or another.

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Answered on 4/22/09, 6:04 pm


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