Section 26D. A summons may be issued instead of a warrant for arrest upon a complaint for a violation of section 26A or 26B if in the judgment of the court or justice receiving the complaint there is reason to believe that the defendant will appear upon a summons. Nothing in this section shall limit a law enforcement officer’s power to arrest under any other provisions of the General Laws or at common law.

Terms Used In Massachusetts General Laws ch. 90B sec. 26D

  • Arrest: Taking physical custody of a person by lawful authority.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Summons: Another word for subpoena used by the criminal justice system.
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