Legal Question in Criminal Law in Massachusetts

Can subpoenas be issued to require the attendance and testimony of witnesses at the 'Show Cause' hearing stage? I filed an Application for Criminal Complaint and am waiting for the Clerk-Magistrate to set a date for the 'Show Cause' hearing. I have a witness who witnessed a crime and she is uncomfortable with going to the hearing with me. Therefore, can a subpoena be issued to require the witness to appear at the Clerk-Magistrate's hearing?


Asked on 7/22/09, 10:11 pm

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Yes, the government prosecutor has the power to issue subpoenas and compel the testimony of witnesses in a criminal case. I know it is strange, but you are not a party to this criminal case. You are a complaining witness, and strategy and decision-making will be in the hands of the prosecutor.

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Answered on 7/28/09, 8:08 am


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