Legal Question in Criminal Law in Massachusetts

Do I have to appear?

I have received a letter from the District Attorney''s office of Boston that ''commands and summons'' me to be in that city on a certain date for an unknown period of time until the trial is over. The trial is concerning a verbal harassment/threatening (but non-physical) fight. I was not the person who committed the crime, but was with him. I did not say anything to the people he threatened. I was 17 at the time and the officers asked me questions outside of the squad car while my parents were not there. I live in Pennsylvania and can think of no way to make it to Boston. I will be starting college and do not have the money to get up there and stay in a hotel for an unknown amount of time. Do I HAVE to go and testify against this person? Would it be possible to give a statement over the phone or in writing instead? The biggest reason I don't want to appear is that I feel unsafe doing so. The person who committed the crime called my cell phone after being arrested, screaming things at me (including profanities) and texted me 5-10 times after that. I feel uncomfortable going there to testify and feel like it would be very unsafe. FYI: The person who committed this crime is not in jail, so I am not protected in that sense.


Asked on 6/25/08, 7:42 pm

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: Do I have to appear?

I'm not sure of Massachusetts rules but I would bet that there are rules that require pre-payment of travel and lodging expenses if a witness is more than a certain distance away from the courthouse.

Read more
Answered on 7/07/08, 2:56 pm


Related Questions & Answers

More Criminal Law questions and answers in Massachusetts