A criminal summons can arrive in the mail weeks after an incident, or be handed to you at your door. Either way, it is a court order to appear, and it means a criminal case has started.
This guide walks through what happens, in the order you will experience it, from how the summons was issued to your first court date and beyond.
First, the Basics: What a Criminal Summons Is
A criminal summons is a written order to come to court on a set date to answer a criminal charge, instead of being arrested.
Massachusetts law prefers a summons over an arrest. When a criminal complaint issues, a summons is used instead of an arrest warrant unless there is reason to believe you will not show up (G.L. c. 276, § 24). A warrant is a court order that allows police to arrest you and bring you to court.
Getting a summons does not mean the charge is minor. It means the court trusts you to come in on your own. You stay free until your court date, as long as you appear.
This post is about a summons to appear as a defendant. If you were summonsed as a witness, see Do You Have to Testify?.
Step 1: How the Summons Was Issued
Before a summons is sent, a court official decides there is enough evidence to charge you.
Most cases that begin with a summons start with an application for a criminal complaint. That is a request, usually from a police officer and sometimes from a private person, asking the court to charge you with a crime. A complaint is the formal written charge.
If you were not arrested, you may first get a show-cause hearing, also called a clerk-magistrate hearing. This is an informal, private hearing where a court official called a clerk-magistrate decides whether there is probable cause, meaning enough reliable information to believe you committed the crime (G.L. c. 218, § 35A).
You are generally entitled to that hearing for a misdemeanor, and for a felony when the police officer applying asks for one. For other felonies, the clerk-magistrate decides whether to hold one. A hearing is not required if there is an imminent threat of injury, of another crime, or of flight from Massachusetts.
Whether or not there was a hearing, once the court finds probable cause, the complaint issues and the court sends a summons (or, less often, an arrest warrant). That is why some people receive a summons without ever knowing a hearing was possible. To learn how these hearings work, see What Is a Show-Cause Hearing? and our Clerk Magistrate Hearings page.
If what you received is a notice of a show-cause hearing, not a summons, you are at an earlier stage. No charge has issued yet, and the clerk-magistrate can still decide not to issue one. Get advice before that hearing, because once a complaint issues and you are arraigned, the case appears on your court record even if it is later dismissed.
Step 2: What the Summons Says and What to Do Right Away
The summons tells you where and when to appear, and the most important thing you can do is take that date seriously.
A summons comes with a copy of the complaint, which lists the charges. It gives the court, date, and time of your first appearance, and it tells you to report in person to the court’s probation department before that appearance (Mass. R. Crim. P. 6(a)(1)).
It can be handed to you, left at your home with an adult who lives there, or mailed to your last known address (Rule 6(c)(3)). Mail counts, so check your address with the court if you have moved.
Do not ignore it. If you do not appear, the judge can issue a warrant for your arrest, often called a default warrant. The law allows a warrant even if the summons never reached you (G.L. c. 276, § 26; Rule 6(a)(2)). Police can then arrest you anywhere, including at a traffic stop or at work. If that has already happened, see our Default Warrants page.
Call a lawyer before the court date. A lawyer can explain the charges, tell you what to expect at your courthouse, and start thinking about your defense from day one. Hiring a lawyer does not excuse you from coming. You must still appear for your arraignment.
If the date is a real problem, such as a medical emergency, have a lawyer contact the court before the date. Do not assume a phone call the morning of court will be enough, and do not simply stay home.
Until then, do not discuss the case with the police, the other people involved, or anyone on social media.
Step 3: Arraignment Day: Probation and Booking
When you arrive at court, you will usually check in with probation before you see the judge, and in some courts you may also be fingerprinted.
The probation interview. On the day of your arraignment, the probation department interviews you. It reports to the judge the information needed to decide bail and whether you qualify for a court-appointed lawyer (Rule 7(a)(3)).
If you ask for a court-appointed lawyer, you will answer questions about your income and assets and sign a form under penalty of perjury. Probation will later check that information with state agencies (G.L. c. 211D, § 2A).
Booking. Because you were not arrested, you have not been fingerprinted or photographed. In some courts, people who come in on a summons are directed to be booked, meaning fingerprinted and photographed, at the courthouse or the local police station around arraignment day. Practices vary. Your lawyer or the probation office can tell you what your court requires.
Plan for a long morning. Arrive early, bring the summons and a photo ID, and dress as you would for an important meeting.
Step 4: The Arraignment
The arraignment is your first formal court appearance, where the charges are entered and the judge decides the terms of your release.
At the arraignment, the court will (Rule 7(b)):
- read the charges, which your lawyer can waive;
- enter a plea of not guilty for you;
- give you any warnings the law requires; and
- decide whether any conditions apply to your release.
If you qualify, the judge appoints a lawyer for you. Both sides also receive a copy of your criminal record, if you have one.
The arraignment is not a trial. No one decides guilt, and you should not try to explain your side to the judge. For a detailed walkthrough, see What Happens at an Arraignment?.
Step 5: Release and Conditions
People who come in on a summons usually go home the same day, sometimes with conditions they must follow.
Massachusetts law starts from a presumption of release on your personal recognizance, meaning your promise to come back to court, with no money bail. Bail is set only if that promise is not enough to make sure you return (G.L. c. 276, § 58). Showing up on your own in response to a summons helps show that you will keep coming back.
The judge may also set conditions of release, such as staying away from a person or place, or not contacting a witness. These are court orders. Breaking one can lead to arrest and to losing your release. See Conditions of Release and Bail Basics.
In more serious cases, the prosecutor can ask the court to set bail or to hold a hearing on whether you are dangerous. Your lawyer will be ready to respond.
Step 6: What Happens Next
After the arraignment, the case moves to a schedule of later court dates, and you must attend every one.
The judge will usually order a pretrial conference, a meeting between your lawyer and the prosecutor, and a later pretrial hearing date. Some felony cases are instead scheduled for a probable cause hearing (Rule 7(b)(4)). See What Is a Pre-Trial Conference?.
From here, your lawyer will gather the police reports and other evidence, called discovery, look for weaknesses in the case, and discuss options. Those options can include pretrial probation, dismissal, a plea deal, or trial.
Once you have been released and ordered to return, missing a court date is more serious than missing the original summons date. Failing to appear without a good excuse after release can be charged as a separate crime (G.L. c. 276, § 82A). Keep your address current with the court and your lawyer, because later notices are often mailed.
Frequently Asked Questions
Do I have to go to court if I got a criminal summons?
Yes. A summons is a court order. If you do not appear, the judge can issue a warrant for your arrest.
Is a summons better than being arrested?
In one way, yes: you stay free and can hire a lawyer before your first court date. But the charges are just as real, and the case follows the same path once you are arraigned.
I never got a show-cause hearing. Is that a problem?
Not necessarily. Some charges and situations do not require one. Your lawyer can check how your complaint issued and whether any required notice was given.
Received a Criminal Summons? Talk to a Lawyer Before Your Court Date
The time between the summons and the arraignment is your best chance to prepare. The Law Office of William J. Barabino in Medford has over 23 years of experience in Massachusetts criminal defense and represents clients throughout Greater Boston.
Call 781-393-5900 for a confidential consultation. Have your summons in front of you when you call.
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Disclaimer
This article is for general educational purposes only and is not legal advice. Court procedures, including check-in and booking practices, vary by courthouse, and the governing rules and laws can change. Reading this page does not create an attorney-client relationship. If you or a family member has received a criminal summons, consult a licensed Massachusetts criminal defense attorney about your situation.
