June 25, 2017

Is it normal to recieve a summons for arraignment via regular mail?

Additional Information:

Before any complaint was submitted, I have moved from the state MA to a different state, and this mail has been forwarded to me from MA to my new address via USPS forwarding system. Am I served? In both cases, the clerk hearing notice, and then the arraignment notice, have been sent me to my former MA address and forwarded to new address in different state. I am explaining them that I cannot attend any hearings in MA, as I am a single mom, no income, living with food stamps, and unable to retain attorney back in MA, or purchase flight tickets for me and my child. I asked the court for public defender. They ignore my explanations, and advise that my charges will be added for not going to court, $10,000 and 1 year imprisonment.

Attorney Answer:

Yes that is normal for the Court to send out notice by regular mail for what originally was a show cause hearing and then when you did not appear an arraignment. The Court has likely issued a straight warrant rather than a default warrant since the only notice you had was by mail. Unfortunately this will not go away on its own and could eventually catch up with you in your new state. The registry of motor vehicles could suspend your license or the local police could discover the warrant and take you into custody. If you have no income the Court would likely appoint you counsel when you appeared in Court and if the charges carried the potential of a jail sentence. The Court will not deal with your requests for a public defender or attempts to resolve this over the phone, you will need to make an effort to appear in MA and resolve this. I wish you the best of luck.

Riddle & Associates’ criminal defense lawyers serve the Central Massachusetts region including the areas of Lunenburg, Leominster, Fitchburg, Worcester, Gardner, Clinton, Bolton, Lancaster, Berlin, Acton, Concord, Greenfield, West Boylston, Marlborough, Northborough, Westborough, Groton, Shirley, Pepperell, Townsend, Ashby, Winchendon, Ashburnham, Templeton, Princeton, Ayer, Harvard, Worcester County, Middlesex County, Franklin County and surrounding communities in Massachusetts.

RIDDLE & ASSOCIATES, ATTORNEYS AT LAW
Worcester County Criminal Defense Lawyers
603 Massachusetts Avenue, Suite 2
Lunenburg, Massachusetts