Q: In MA, will I have a warrant if I don’t go to a court date as a VICTIM/WITNESS to a A&B on a household member?
My girlfriend and I got in an argument in January 2022. I was drunk and being mean while she drove us home. She got tired of it, pulled over and unbuckled me and while she pulled the buckle around me to get me out of her car, she accidentally hit me. I got mad she was making me get out and walk and called the police saying she hit me. After an hour of thinking the whole situation over, I realized she didn’t do it intentionally.
I originally went back to court in march and explained everything to the DV witness advocate how it wasn’t deliberate and they said the case would most likely get thrown out. But the DA is pursuing this like a murder case.
Gf lawyer said if I just don’t show up, it gets dismissed. I got a summons to appear in court for a jury trial for the case. If I do not show up, will anything happen to me? It says on the bottom “failure to appear may result in a warrant being issued for your arrrest”.
A:
The operative word in the caution is "may."
In practice, it is rare that a Court issues a warrant for a victim- it tends to discourage people from calling the police when they really need to. Generally speaking, all of us are required to advise you to follow the law. Your question as to consequences might matter what county and what court and what Judge. Usually if a victim doesnt show up, a case can get dismissed. Sometimes the DA will ask for a continuance of trial to try to force it. On a 2d no show the case would be dismissed by most judges. If you are served in hand with a Court Summons, some Judges get prickly about no-shows. In my experience most people in your position don't go and nothing happens.Good luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
