Submitted by Anonymous on Mon, 03/08/2010 - 12:49
I grew up in Massachusetts however now reside in the Carolinas. At Christmas time I was pulled over and was told my license was suspended. The officer was nice enough even allowed me to have someone pick up my car and he gave me a lift home. Now I received the summons to court for this wedneday (The incident occurred around christmas) however the problem is I'm in SC again...What can I do to get a continuance? Can someone appear on my behalf. If I don't appear I assume a warrant will be issued. Thanks for any and all suggestions!
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Editor's Response
I found this information on the Massachusetts Court System web site (District Court) regarding requests to change hearing dates:
Contact the clerk-magistrate's office as soon as you are aware of the conflict and request a change in date. You may be asked to submit your request in writing and to attach any documents establishing why you cannot be in court on the date scheduled. Because of the large volume of such hearings and the many requests for continuances received, it is within the discretion of a magistrate whether to give you an alternate hearing date. If a magistrate allows an alternate hearing date, be sure you are available on that date and make note of it as you will not receive any additional mailed notice. Except for genuine emergencies (such as serious illness), usually a hearing will not be rescheduled a second time.
Your options are to show up yourself (on the original date or on a continued date granted by the court) or to hire a licensed Massachusetts traffic attorney to represent you.
Rule 7 of the Massachusetts
Rule 7 of the Massachusetts Rules of Criminal Proceedure states that: Upon Summons; Waiver of Initial Appearance. A summonsed defendant who has retained counsel shall be excused from appearing on the return day if such counsel enters an appearance for the defendant prior to the return day, stating thereon that he or she has conferred with the defendant and requests that the case be scheduled for pretrial hearing or other proceeding. Defendant's counsel shall inform the defendant of the date of the next scheduled event which shall require the defendant's presence.
Patrick Donovan
www.pdonovanlaw.com