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What Is a Continuance in a Criminal Case in Massachusetts?
Continuances are common in criminal cases, but they’re not always harmless. Learn how they work in Massachusetts and when to be cautious.
In Massachusetts, a continuance means the court is postponing your case to a future date. It can happen for all kinds of reasons such as missing discovery, witness availability, ongoing negotiations, or simple court congestion.
But continuances are more than just scheduling changes. They can affect your strategy, your rights, and even your liberty.
Sometimes a continuance benefits the defense: it gives us time to prepare, negotiate, or file motions. Other times, it’s the Commonwealth asking for more time and that’s where I push back. If the prosecution isn’t ready, I may argue for dismissal or to exclude evidence.
These continuances are not to be confused with a continuance without a finding (CWOF), which is a resolution to the case.
I always review the reason for every continuance and whether it’s helping or hurting your case. What sounds like a routine delay can sometimes signal a larger opportunity or a growing risk.
What Is a Criminal Summons in Massachusetts?
A criminal summons means you’re being charged but not arrested. Here’s how it works in Massachusetts and what to do if you get one.
If you receive a criminal summons in Massachusetts, it means you’ve been charged with a crime, but the court is giving you a chance to appear voluntarily instead of being arrested.
Summonses are typically issued for misdemeanors or low-level felonies when the police file an application for complaint. If a clerk magistrate finds probable cause, they’ll issue the summons and schedule an arraignment.
It’s a serious document, even if it doesn’t come with handcuffs. Ignoring it can lead to a default warrant and possible arrest. If you get one, you should treat it exactly like an arrest because that’s what the court will do at your arraignment.
I’ve helped many clients resolve charges before their arraignment after receiving a summons. Acting quickly can make a big difference: you may be able to avoid bail, negotiate terms, or even stop the case from being issued in the first place.
If a summons shows up in your mailbox, don’t wait until your court date. That envelope is the beginning of a criminal case and the sooner you respond, the more control you have.