Recently, during an application for a new job my boyfriend's potential employer did a routine background check and found that there was an open warrant for his arrest (misdemeanor larceny under $250). My boyfriend had NO knowledge of the pending charges against him until he applied for this job. My boyfriend surrendered himself at court and is now dealing with the 2 year old charges. Here is my question...the alleged incident occurred back in 2007.
 
At that time (and a couple years prior) and up until November of 2009, he resided at the same address, in Everett, MA. At NO time did a police officer (or any other law enforcement officer) come to his apartment to arrest him, nor did he receive any summons in the mail. My boyfriend does not have a drivers license. He does have a Massachusetts Identification Card, but he obtained it several years ago, back when MA ID's did not have expiration dates. His MA ID listed an old address (in East Boston). However, the complaining witness (he t"victim") knew where my boyfriend lived and had been to his apartment to drop my boyfriend off several times. Also, my boyfriend had his mail forwarded when he moved from East Boston to Everett. He frequently received mail, including several overdue parking ticket notices from tickets he got in East Boston, at his Everett address as well. In other words, at the time of the alleged incident, my boyfriend was available for service, was not intentionally avoiding service and yet it does not appear anyone attempted to execute the warrant for his arrest (or summons him by mail).
 
Is there any requirement in Massachusetts that law enforcement officers make any attempts to execute a warrant once it has been issued? Is there any requirement that they do so without unnecessary delay (my on line research turned up a case in Hawaii where a case was overturned because the police did not execute a warrant without uncessary delay)? Can my boyfriend file a motion to dismiss based on a due process violation?