Commonwealth v. Judd

On appeal, the defendant asserts that the Commonwealth’s delay in bringing him before a court for his initial appearance or arraignment amounted to a violation of both his right to due process of law and his right to counsel. On those grounds, the defendant argues that the charge against him should have been dismissed.

“A defendant who has been arrested shall be brought before a court if then in session, and if not, at its next session.” Mass.R.Crim.P. 7(a)(1), 378 Mass. 855 (1979). The thrust of the policy underlying rule 7(a)(1) goes primarily to preventing the unlawful detention of a…