Chief’s Corner
By Chief Steven J. Wojnar Dudley Police Department Criminal court proceedings continue during the pandemic. Crimes are still occurring. To limit personal contact, many offenders are being summoned to appear at court as opposed to being arrested. I was asked to provide some information about the differences, if any, between the two. Criminal charges against a person can be initiated by either an arrest or a summons. Eventually, they will end in the same place. When a person is arrested, they are physically taken into custody and processed (or booked) at the police station. A court official will determine if the subject is eligible for bail (money to assure they will appear at court) or held without bail for an appearance at the next sitting of the court. When at court, the case is reviewed by the Clerk Magistrate and the individual is processed through the Probation Department. They are then arraigned (formally notified of the charges against them) before the judge. He or she will determine if the person is to be held, with or without bail, or released pending their next appearance. In the case of a summons, a criminal application, with the list of offenses, is filed at the Clerk Magistrates Office. If sufficient evidence (more commonly known as “probable cause”) is presented, the Clerk’s office will issue a notice to appearance for the person.In the case of a felony (serious crime that can include a state prison sentence) the person can be either notified of a date to appear for arraignment or a warrant for their arrest can be issued. Whichever occurs, the person will follow the process mentioned above. For misdemeanors (lesser offenses), a notice to appear or an arrest warrant can be issued. In most misdemeanor cases, the defendant is given the opportunity to appear at a hearing before the Clerk Magistrate. If “probable cause” is found at that point, the subject will be scheduled for arraignment before the judge. There is the possibility the matter can be dismissed by the Clerk, based on insufficient evidence, or it may be resolved at that hearing. Regardless of the path, the defendant will likely end up in the same place. Often victims can be frustrated if a person is not physically taken into custody. They could believe the suspect has avoided justice. This is not the case. In some instances, arrests are not authorized by law. Therefore, a summons is the only way for this to proceed. Depending on circumstances, as with the pandemic, a criminal summons may be the most viable option to initiate the process. Certainly, criminal charges or arrests, are always determined on a case-by-case basis. |
Bottom line, whether it is a physical arrest or summons, these matters will end up in court for the appropriate criminal proceeding.
As the pandemic continues, we ask everyone to stay safe and continue to take the necessary precautions to protect yourselves. We continue to serve the people of Dudley and work with the community to improve the quality of life for everyone I thank the men and women from my department for their continued dedicated service to the Town during these trying times. Thanks also go out to the many Police Officers, Fire and Emergency Services members, public works, health care, government officials, and all other “essential” personnel for their continued hard work and service. We greatly appreciate the support we receive from our community. Thanks again for your questions and comments. Please send them to me at the Dudley Police Department 71 West Main St., Dudley, MA. 01571 or email at swojnar@dudleypolice.com. Opinions expressed in this weekly column are those of Chief Wojnar only and unless clearly noted, do not reflect the ideas or opinions of any other organization or citizen. |
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