Criminal Summons in Massachusetts:
Do You Have to Appear in Court?
If you receive a criminal summons in the mail or are handed one by a police officer, you are being ordered to appear in court. In nearly every situation, you are legally required to show up on the date and time listed. Ignoring a summons can lead to serious consequences, including a warrant for your arrest.
This article explains what a criminal summons is, the two main reasons you might receive one, what happens if you fail to appear, and a few important related issues such as witness summonses and the limits of the “no face, no case” idea.
What Is a Criminal Summons?
A criminal summons is a formal court order telling you to appear at a specific courthouse on a specific date and time. Unlike an arrest, a summons does not involve handcuffs or being taken into custody on the spot. Instead, the police or the court mail or deliver the paper to you.
There are two main reasons a person receives a criminal summons:
- To appear for arraignment as a defendant (someone who is being charged with a crime)
- To appear as a witness or as the alleged victim of a crime
If the police believe you committed a crime but decide not to arrest you immediately, they will often issue a summons instead. Your first court appearance is called the arraignment. At the arraignment the charges are formally entered, and the case becomes part of your criminal record.
What Happens If You Miss Your Arraignment?
If you do not appear for your arraignment, the court will almost always issue a default. A default means the judge finds that you failed to appear as ordered. Once a default is entered, the judge typically issues a warrant for your arrest. Law enforcement is usually notified within a few hours after the paperwork is processed.
There are very few valid excuses for missing an arraignment. Illness, a true emergency, or a documented inability to appear may sometimes be considered, but the safest course is always to appear as directed or to contact the court and your lawyer in advance if an emergency arises. Once a default warrant is issued, you can be arrested at any time—during a traffic stop, at work, or at home.
If you already have a default warrant, it is important to address it promptly with the help of a lawyer. Our page on default warrants explains more about how these warrants work and how they can be cleared.
What Happens If You Are Summonsed as a Witness and Do Not Appear?
Witnesses and alleged victims can also be ordered to appear by summons. If a witness fails to appear, the prosecutor may ask the judge to issue a bench warrant. These warrants are often active for a limited period (commonly 24 hours in some courts), but the practical effect is the same: the person can be arrested and brought to court.
Even if you believe the case does not involve you directly, a summons is a court order. Ignoring it can lead to your own legal problems.
Can You Get in Trouble for Telling Someone Not to Appear?
Yes. Advising or encouraging a witness not to appear in court can lead to a charge of intimidation of a witness. This is a serious offense. Evidence that someone told a witness not to come to court can come from jail calls, emails, text messages, voicemails, or statements made through third parties. You do not have to threaten harm to be charged; simply instructing a person not to appear can be enough if the prosecutor can prove it.
What Does “No Face, No Case” Really Mean?
You may have heard the street expression “no face, no case.” It suggests that if the alleged victim does not come to court, the charges will automatically be dismissed. That is not always true.
The Sixth Amendment gives every defendant the right to confront the witnesses against them. In many cases the victim’s live testimony is important. However, the Commonwealth can sometimes proceed without the victim by using other evidence, such as independent witnesses, medical records, video footage, excited utterances, or police testimony. Whether a case can go forward without the complaining witness depends on the specific facts and the available evidence.
In short, the absence of the alleged victim may weaken the Commonwealth’s case, but it does not automatically end the prosecution.
When Might a Witness Not Have to Testify?
Even if you receive a summons to appear as a witness, there are limited situations in which you may not be required to give testimony. These include:
- Immunity: The prosecutor may grant a witness immunity from prosecution for certain statements. Immunity is granted at the discretion of the district attorney and must be properly documented.
- Marital privilege: In some circumstances a spouse may not be required to testify about confidential communications made during the marriage.
- Fifth Amendment privilege against self-incrimination: A person cannot be forced to give testimony that would incriminate them in a crime. This protection applies most strongly to the defendant, but it can also protect witnesses who would expose themselves to criminal liability by answering questions.
These protections are technical and fact-specific. If you have been summonsed as a witness and believe one of them may apply, you should consult a lawyer before deciding how to proceed.
What You Should Do If You Receive a Summons
The safest and simplest advice is to appear on the date and time listed on the summons. If you are the person being charged, contact a criminal defense lawyer as soon as possible so that you understand the charges, the potential consequences, and the options available at the arraignment. If you are summonsed only as a witness, it is still wise to speak with a lawyer if you have any concern about your own legal exposure or about a privilege that may apply.
Missing a court date creates new problems that are often more difficult to fix than the original situation. Addressing the summons promptly is the best way to protect yourself.
Protect Your Rights
If you have received a criminal summons in the mail or have been ordered to appear in court, do not ignore it. Early advice from an experienced criminal defense lawyer can help you understand the charges, avoid a default warrant, and protect your rights from the very first court appearance.
Contact Attorney William J. Barabino for a confidential consultation. Call 781-393-5900 to discuss your situation and the available options.
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