Articles Posted in Outstanding Warrants

What is an open warrant?

Open warrants give police officers the authority to arrest a specific individual. Somebody with an open warrant against them may be pulled over. When officers pull you over, they run your name through their system. If there are any open warrants against you, you will likely be arrested on the spot. Open warrants are issued for many reasons. There are two types, default warrants and straight warrants.

Default Warrants

None of us really wants to be on the other side of the  justice system. But when we find ourselves in such a position, it is essential that we face the problem head on, and deal with it immediately. Unfortunately, warrants do not just disappear.  Avoiding or postponing the inevitable will almost certainly result in more severe consequences.

In criminal cases, failure to appear at a scheduled court date may result in the judge issuing a warrant for your arrest. If this happens, you will need to act immediately; police may take you into custody at any time.

Bench Warrants vs. Arrest Warrants

Warrants are issued for a multitude of reasons. In MA, there are two primary types of warrants – bench warrants and arrest warrants. The differences between the two are explained below.

A bench warrant may be issued if you fail to appear for a scheduled court date. Police have the authority to take you into custody if you have an outstanding bench warrant. In addition to failure to appear in court, these warrants are issued for violating probation, and failure to pay child support or complete community service. If police take you into custody on a bench warrant,  you could end up stuck in jail until the court schedules a hearing on your case. You will also likely have to pay court fees.

When a bench warrant is issued against you, police may or may not actively seek you out. For this reason, people often mistakenly assume that the problem has miraculously disappeared. But even a minor traffic stop years later can result in police running your name, seeing the warrant, and placing you under arrest.

An arrest warrant is issued when a police officer provides substantial evidence that you have committed a criminal offense. If a judge issues the warrant, police are authorized to arrest you at any time. One main difference between bench warrants and arrest warrants is that police will actively seek you out when an arrest warrant has been issued. If taken into custody, you could be held in jail without bail until the court schedules a hearing on your case. A Boston criminal defense attorney can help you determine how to proceed if you are facing a bench or arrest warrant.

Failure to Appear in Court

In addition to the issuance of a bench warrant, failure to appear in court may also carry its own penalties. In Massachusetts, the penalties for failing to appear in court may include:

  • Failure to appear on a misdemeanor proceeding: Up to one year in jail and fines up to $10,000
  • Failure to appear on a felony proceeding: Up to two-and-a-half years in jail and fines up to $50,000

You can avoid a warrant and the penalties above by dealing with the problem proactively and arriving on time to all scheduled court dates. If you accidentally miss a court hearing, however, a skilled Boston defense attorney can help you protect your rights. Continue reading

I am an attorney who has fielded this question on many occasions for more than 25 years.  Individuals call our firm from all over the Country and even the world, requesting advice and service to clear up their warrants. Having an outstanding warrant can prevent you from renewing your driver’s license.  It can also provide roadblocks and hassles trying to enter the United States  For many years people would leave Massachusetts, knowingly or unknowingly with an open court case or warrant lodged against them.  More and more, in recent years, due primarily to advances in technology, these warrants have surfaced for them and have unfortunately caught up to them. Many times, this comes as a shock to these persons who never knew about the warrant or forgot all about it.  This comes up very often when people are trying to renew their license out of state, but Massachusetts has put a hold on their license.

The short answer to the question is that very often you do not need to come back to Massachusetts to remove the default and warrant, get the underlying case disposed of, and have Massachusetts remove any hold on your license enabling you to renew your license in your particular  Jurisdiction or State.

This can often be accomplished by way of your signing a well-crafted and thoroughly prepared affidavit and allowing your attorney to use that affidavit in place of your personal appearance.   Your attorney can then speak to the assistant District Attorney and Judge and argue the facts and law on your behalf.  On many occasions, the Assistant District Attorney and/or the Judge will permit the warrant to be vacated, your case dismissed and then consequently, have the RMV release the hold on your license, if applicable.

Before we get into the differences between a bench warrant and an arrest warrant, it’s important to state a crucial similarity between the two – they should never be ignored. Knowing that the police are searching for you can be scary, but warrants don’t just go away on their own. And turning yourself in will result in a better outcome than if you force police to track you down. Further, turning yourself in will prevent the embarrassing scenario of being arrested at home or – even worse – at work. So, now that we’ve covered the importance of not ignoring any type of warrant, let’s discuss the differences between a bench warrant and an arrest warrant.

Bench Warrant

Bench warrants can be issued in civil and criminal cases. In criminal cases, they are typically issued if a defendant fails to appear for a scheduled court date. In civil cases, they are often issued for witnesses who are being subpoenaed, as well as for individuals who fail to show up for their jury duty. Bench warrants may also be used in child support cases for parents who aren’t making their required monthly support payments. Generally, however, this only occurs when other efforts, such as wage garnishment, have been unsuccessful. A MA criminal defense lawyer can help you protect your rights if a warrant has been issued against you.

When it comes to bench warrants, police rarely conduct an active search for the individual. However, if you are stopped for another reason, such as a minor traffic violation, the warrant will appear and you will be taken into custody. At this point, you will not only be defending yourself against the underlying offense or issue, you’ll have the added disadvantage of being viewed as someone who attempted to dodge the justice system. Being proactive and taking care of warrants immediately, whether criminal or civil, is always advisable.

Arrest Warrant

An arrest warrant, on the other hand, is issued when there is probable cause that the individual has committed a crime. If law enforcement convinces the judge that you are responsible for a crime, the judge may issue an arrest warrant against you. A Boston defense attorney can help you determine how to proceed if you have been charged with any type of crime.

The main difference between arrest and bench warrants is that, police will actively search you if an arrest warrant has been issued against you. This is especially true if you are wanted for a violent or serious crime. Law enforcement can show up at your home, place of employment, and anywhere else that you frequent. They will look for you and can arrest you anywhere. Even if you end up being found innocent, getting arrested at work or at home can be an emotionally traumatic and highly-embarrassing situation. Don’t let this type of scenario ruin your reputation; take care of arrest warrants before police come looking for you. Continue reading

Before we get into the differences between a bench warrant and an arrest warrant, it’s important to state a crucial similarity between the two – they should never be ignored. Knowing that the police are searching for you can be scary, but warrants don’t just go away on their own. And turning yourself in will result in a better outcome than if you force police to track you down. Further, turning yourself in will prevent the embarrassing scenario of being arrested at home or – even worse – at work. So, now that we’ve covered the importance of not ignoring any type of warrant, let’s discuss the differences between a bench warrant and an arrest warrant.

Bench Warrant

Bench warrants can be issued in civil and criminal cases. In criminal cases, they are typically issued if a defendant fails to appear for a scheduled court date. In civil cases, they are often issued for witnesses who are being subpoenaed, as well as for individuals who fail to show up for their jury duty. Bench warrants may also be used in child support cases for parents who aren’t making their required monthly support payments. Generally, however, this only occurs when other efforts, such as wage garnishment, have been unsuccessful. A MA criminal defense lawyer can help you protect your rights if a warrant has been issued against you.

When it comes to bench warrants, police rarely conduct an active search for the individual. However, if you are stopped for another reason, such as a minor traffic violation, the warrant will appear and you will be taken into custody. At this point, you will not only be defending yourself against the underlying offense or issue, you’ll have the added disadvantage of being viewed as someone who attempted to dodge the justice system. Being proactive and taking care of warrants immediately, whether criminal or civil, is always advisable.

Arrest Warrant

An arrest warrant, on the other hand, is issued when there is probable cause that the individual has committed a crime. If law enforcement convinces the judge that you are responsible for a crime, the judge may issue an arrest warrant against you. A Boston defense attorney can help you determine how to proceed if you have been charged with any type of crime.

The main difference between arrest and bench warrants is that, police will actively search you if an arrest warrant has been issued against you. This is especially true if you are wanted for a violent or serious crime. Law enforcement can show up at your home, place of employment, and anywhere else that you frequent. They will look for you and can arrest you anywhere. Even if you end up being found innocent, getting arrested at work or at home can be an emotionally traumatic and highly-embarrassing situation. Don’t let this type of scenario ruin your reputation; take care of arrest warrants before police come looking for you. Continue reading

A misdemeanor is a minor criminal offense, but it’s a criminal offense nonetheless. As such, a misdemeanor conviction may result in hefty fines, jail time, and a criminal record. Facing a misdemeanor charge can be scary, especially when it originates somewhere other than your home state. If you were charged in MA but you live in another state, what do you do? Read on for more information about what to do, and what not t to do if you are facing an out of state misdemeanor charge.

Ignorance is Not Bliss

For starters, don’t ignore the charge. The criminal justice system will catch up with you eventually, and ignoring a criminal charge is the best way to ensure a conviction and additional charges. A MA criminal defense attorney can help you determine how to proceed if you’ve been arrested in MA but live out of state.

Penalties for Misdemeanor Offenses

Misdemeanors are not as serious as felonies, but that doesn’t mean you won’t face serious penalties. Misdemeanors includes crimes such as simple assault, petty theft, and some OUI offenses. If you are being charged with a misdemeanor offense, you may be facing the following penalties:

  • Jail You can face up to one year in jail for a misdemeanor offense.
  • Misdemeanor crimes carry fines from $50 all the way to $2,000 or more.
  • If your crime involved property damage or resulted in a loss of money for the victim, you may have to pay restitution to cover those damages.
  • Some misdemeanors include probation as an alternative, or in addition to, jail time.

Learn from Tom’s Mistake

Consider the following scenario, for example: Tom gets arrested for simple assault while on vacation in Boston. He was drunk and got into a bar fight. Tom spends the night in jail, and is released the next day. Tom is scheduled to appear in court in Boston, but he heads home to Oregon and vows never to return to the Bay State.

Not so fast, Tom. If you try to evade out of state charges, you’ll likely face additional penalties in the future. Even if you never return to MA, a simple traffic stop in your home state could reveal an out of state warrant, unleashing a snowball of consequences that generally far outweighs the penalties of your original offense.

You Need a Local Lawyer

But there are legal steps you can take to reduce or eliminate the cost of travel if you live far from the state in which you were arrested. For starters, you should hire a local lawyer. Depending on the circumstances of your case, you may be able to avoid returning to the state where you were arrested. Courts often allow the defense attorney to appear on behalf of the defendant. A skilled Boston defense attorney can help you protect your rights and reduce your travel expenses if you’ve been charged for an out of state misdemeanor in MA. Continue reading

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