Legal Question in Criminal Law in Massachusetts

Is Prosecution or Court required to send Notice?
Scenario of case/situation:

1)The defendant lives outside Mass in a another state.

2)He recieves Notice of Complaint Hearing (blue ticket from PD by mail)

3)Defendant mails a Sworn Statement to Court indicating defendants willingness to attend further hearings if needed, but is unable to attend the Complaint hearing before the Clek, the clerk issues the Complaint.

4)Defendant then recieves no return date/time for Arraignment hearing from the Court. The defendant has not recieved any summons or notice from this court since 2002, the court has multiple good mailing address for the defendant,this is evident in the court records.

5) Can the defendant Motion the Court to Dismiss based on ''Lack of Prosecution'' or Speedy trial, any other technical issue?

6) Is this some sort of Threat of prosecution, without the serious intent to prosecute in the interest of justice?

Asked on 11/23/06, 8:02 am

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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Re: Is Prosecution or Court required to send Notice?

The method is to contact the clerk's office directly. Usually, there is no response to a mailed affidavit.

You are probably in default & should get in touch with a lawyer to check with the court.

You can contact me tomorrow.

Answered on 11/23/06, 10:25 am

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