Commonwealth v. Gomes

The defendant, Kevin Gomes, appeals from a default and an assessment of costs on the default entered against him in the District Court because he failed to pay a fine in a timely manner. The defendant claims error in (1) the assessment of costs on the default; (2) his summary confinement pursuant to the default without a hearing or representation by counsel; and (3) the Commonwealth’s refusal to permit the default costs to be “worked off” pursuant to G. L. c. 127, § 144 (1988 ed.).

The Commonwealth concedes that the defendant was entitled to a hearing at the time of the default and asks that…