Legal Question in Criminal Law in Massachusetts

Judge orders default after giving permission to not appear.

I was arrested on a Sunday night and incarcerated until 11am on Monday morning. The same judge who told me I did not have to appear issued a default warrent when I did what he gave me permission to do. The police who arrested and incarcerated me were the same ones who origionally pressed charges against me. Can you say Harassment??? My lawyer did not appear at a pretrial conference after he promised me he would be there.(He went skiing) Legal malpractice?? Also I have paid him $500 for his services to date and we are still months away from going to trial. Do I have any recourse?? The cops were in the court when the judge said I did not have to appear, so they knew what was going on. I lost over $150 in wages for the day, and spent the night in a cold noisy hard cell for nothing.This is the land of the Free???HELP!


Asked on 2/20/00, 10:05 pm

2 Answers from Attorneys
Thomas Workman Law Offices of Thomas Workman

Re: Judge orders default after giving permission to not appear.

Something is confusing in your description. A Massachusetts Court will not waive the appearance of a defendant at the Pretrial Conference. Perhaps at a status conference, or at a motion session, but never at a Pretrial Conference.

If you were wrongfully detained, you may be able to have your attorney use that fact to your advantage, in negotiating a resolution to the case. Your attorney will not appear on your behalf if you have not paid the retainer, and a $500 retainer is not usually enough to secure the attorney's appearance in Court. It certainly will not pay for an attorney to take the matter to trial. Do you have a signed fee agreement?? Did you meet your financial committments?? If so, contact the attorney you hired and ask him or her what they are going to do for you. They work for you, if they are retained. If they are not doing what you want them to do, you can hire another lawyer to represent you.

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Answered on 2/23/00, 7:49 pm
Russell Matson Russell J Matson Attorney at Law

Re: Judge orders default after giving permission to not appear.

All district court hearings are taped, so there should be a tape of the judge telling you that you don't have to appear. Go down to the clerks office and order that tape if you want. If you are not happy with your lawyer, tell him so and ask for your money back.

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Answered on 2/23/00, 7:52 pm


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