Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network. To speak to Sam about a criminal matter call (617) 492 3000.

Whether For Assault, OUI or Any Kind Of Criminal Matter, An Outstanding MA Warrant Means Quick Jail Time- How A Lawyer Can Help

It was 6:10pm of December first and Joshua S., 32, (hereinafter, the “Defendant”) may have expected it was dinner-time. It wasn’t. It was arrest-on-outstanding-warrant and meet-your-lawyer-time.

The Defendant, it seems, was found in the basement of a home when the Gloucester police showed up and found him. There was an outstanding warrant for him and so he was immediately taken into custody to be brought into court the next day.

No need for questioning. No need for further explanation.

End of story.

Attorney Sam’s Take:

Yes, it can be that sudden, that quick and that simple.

Simply defaulting, not showing up at court when you are supposed to, can lead to this scene. Similarly, if there is an arrest warrant pending against you for any reason, the same is true. It does not matter where you are at the time authorities find you. They may…in fact, it is their duty to…arrest you and keep you in custody until the court removes the warrant.

Yes, that means if it is late in the afternoon, you will likely be spending the night. That is, unless it is Friday late afternoon. Then, you will be spending the weekend.

No, it does not matter what you are charged with, be it rape, OUI or assault. A warrant for your arrest (which is what a default warrant is) is a warrant for your arrest. Period.

Finally, you will be brought before the court to face whatever it was that was pending, but with a new problem. If you had already posted bail, that money is likely lost and the amount that will have to be posted this time likely to be more.

“So, what am I supposed to do, Sam? Simply walk into court and turn myself in?”

Well, you could. It’s better than hiding and awaiting the inevitable. However, there is a better way.

Contact an experienced criminal defense attorney as soon as possible. What that attorney can do is contact the court and the prosecution and let them know that you made a mistake and simply want to come back in. Setting up a scheduled appointment (quickly) can be done and, perhaps, an agreement can be made that the prosecutor will not ask for higher bail.

“But, Sam, if the attorney simply tells them where I am, they might come right out and get me on their own!”

They attorney, particularly if experienced, knows not to do that. It is privileged information, like anything you discuss with your attorney. Your lawyer is simply the only one who may or may not know where you actually are.

Showing up voluntarily is crucial if you are hoping to go back home after court. When deciding what to do with you, the court will consider that you came in on your own and did not have to be dragged in by the authorities, screaming and kicking.

It shows that you really do not plan to run away and not return, which, of course, is what bail is all about.

Should you find yourself in the position of dealing with an outstanding warrant, or someone you care about is, contact an experienced criminal defense attorney. If you wish to discuss the matter with me, please feel free to call me at (617) 206-1942.

For the full article upon which today’s blog is based, go to http://www.gloucestertimes.com/punews/local_story_336233944.html

NOTE TO READERS: Due to court schedule and weather effecting same, I was unable to post a blog yesterday. We are still a daily blog, Monday Through Friday.

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