If you fail to appear at one of your criminal hearings in Massachusetts, the judge can (and often will) issue a default warrant for your arrest.
District courts across the state typically open around 9 a.m. If you’re not there when the clerk calls your case, the judge could default you.
However, he’s more likely to simply place your case on for “second call.” This means that your case will be called a second time that day after all other matters are dealt with.
If you’re not there for second call (which usually happens during the late-morning or early-afternoon hours), the judge will have some questions for your attorney.
The judge will want an explanation of your whereabouts. He’ll also ask your lawyer if there’s been “good contact”, meaning that you and your attorney have spoken recently.
Next the judge will ask the prosecutor for his or her input. In some cases the prosecutor will take no position on whether a warrant should issue. But most of the time the prosecutor will ask the judge to order the warrant forthwith.
Lastly, the judge will look over your criminal record to see how often you’ve defaulted in the past.
After considering all of these factors, the judge will determine whether or not a default warrant is justified.
If you can’t make it to court because of some unforeseen problem, it’s essential that you call your attorney and the clerk’s office and them know. If possible, get the zoom meeting ID from the clerk’s office and, at the very least, appear at the hearing via zoom. But it’s no guarantee.