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What does it mean when a case is quashed?

Salem, MA |
Filed under: Criminal defense

there was an open case on me in was from 1997.i left the state after a time and a district attorney from another case brought it up,but said mass. would not extradite.the problem,i have gotten really sick since then and cannot get disability because of do i take care of this without returning to mas since my health wont allow that. i cannot spend my last dying days in a jail the expense to the state would be astronomical.much more than it would cost to allow me to collect disability.i have not had any trouble with the law since then.

Attorney Answers 1


Based on what you wrote, it appears that there is an open case in Massachusetts and there is probably a warrant out for your arrest. However, it is also probably not a significant enough case that the Massachusettes authorities are willing to pay the money necessary to transport you from where you are back to the jurisdiction.

Without more information, it would appear that you should hire a lawyer near the court in Massachusetts where the original case was filed. That lawyer can go to the courthouse, look at the file and then talk to the prosecutor's office to see if they will voluntarily resolve the case.

If it is not a serious matter and you can document your illness, it is entirely possible that the lawyer will be able to either have the case dismissed or arrive at some sort of resolution acceptable to you that does not involve jail time. Of course, as with any other case, you do not have to agree to any disposition, other than dismissal, and you can insist on a trial.

If you decide to fight the original charge (and the failure to appear charge, if any), the lawyer may be able to arrange for you to appear in court without being arrested. However, as with all said above, you need to consult a lawyer who is able to get all the relevant information for actual legal advice.

If you do not have the funds to hire a lawyer, you can apply for the services of the Public Defender. Most offices will have an Attorney of the Day who you can call to get further information.

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