What Happens If You Miss a Court Date in Massachusetts?

Missing a court date—even by accident—can create serious problems. The judge may enter a default against you and issue a bench warrant.

What should you do?
- Contact a lawyer immediately
- File a motion to remove the default
- Prepare any supporting documents (hospital records, flight delays, etc.)

If you act fast and have a valid reason, judges are often willing to remove the default and reinstate your case. But if you ignore the problem, it gets worse:
- Your license may be suspended
- You could be arrested on a warrant
- Future bail may be denied or increased

I help clients resolve missed court dates all the time. The key is acting fast—and presenting your side professionally.

What Is a Default in Massachusetts?

A default happens when you fail to appear in court for a scheduled hearing. Once defaulted, the court may issue a warrant for your arrest.

Consequences of a default:
- A bench warrant may be issued
- Your driver’s license may be suspended
- Bail may be set higher if you’re arrested
- The judge may be less lenient moving forward

Fortunately, defaults can often be removed. I regularly file motions to remove default, explain the circumstances, and get cases reinstated. Courts are generally more forgiving if:
- This is your first default
- You act quickly to fix it
- You have a legitimate reason (e.g., medical emergency)

If you missed court, don’t wait. The sooner you act, the easier it is to undo the damage.

What Is a Continuance Without a Finding (CWOF) in Massachusetts?

A Continuance Without a Finding (CWOF) is a type of plea deal that avoids a formal conviction—as long as you meet the court’s conditions.

Here’s how it works:
- You admit there’s enough evidence to find you guilty
- The judge “continues” the case without making a finding
- You’re placed on probation, typically for 6 months to 1 year
- If you complete it successfully, the case is dismissed

CWOFs are commonly offered for first-time offenses like shoplifting, DUI, or minor assaults. They can be a good option, but they aren’t invisible:
- They appear on your CORI
- They can affect immigration status
- They count as a prior offense in future cases

I advise clients carefully on whether a CWOF is the best path—and negotiate for better outcomes when it isn’t.

What Is a Motion to Dismiss in Massachusetts?

A motion to dismiss asks the judge to end the case before trial because there’s a legal reason why it shouldn’t proceed.

Some of the most common grounds for dismissal include:
- The criminal complaint or indictment is legally insufficient
- The facts alleged don’t amount to a crime
- The statute of limitations has expired
- The prosecution failed to provide required discovery

Motions to dismiss aren’t about evidence or guilt—they’re about law. I file these motions when the charges don’t hold up legally or when procedural rules are violated.

If the motion is granted, the case ends immediately—without a trial, without probation, and without a record. Even if the motion fails, it forces the prosecution to justify its case early on.

What Is a Motion to Suppress in Massachusetts?

A motion to suppress asks the judge to exclude certain evidence from trial because it was obtained illegally—usually by violating your constitutional rights.

Common reasons to file a motion to suppress include:
- A search without a warrant or valid exception
- An arrest made without probable cause
- A confession obtained without Miranda warnings
- Evidence obtained after an unlawful stop or seizure

In Massachusetts, suppression hearings often determine the outcome of the case. If crucial evidence like drugs, firearms, or statements are excluded, the prosecution may have no case left.

I regularly file motions to suppress when there’s even a hint that my client’s rights were violated. These motions require legal skill, case law support, and thorough cross-examination of police officers.

If your case involves any search, seizure, or confession, contact a defense lawyer immediately. The evidence might be weaker than it looks.