Massachusetts Default Warrants
If you fail to appear for a court date in Massachusetts, the court will issue a default warrant. Notably, this is different from the commonly-known arrest warrant. An arrest warrant is a warrant that the police or probation department will request of the judge when you have been charged with a crime and the police do not know your whereabouts or believe that you are a flight risk. Arrest warrants are also known as a straight warrant.
A default warrant is only issued if you do not report to court on the dates you are supposed to. These types of warrants are not uncommon, as most people have numerous court dates while their case is pending. It is not uncommon for someone to forget about a court date and then have to deal with the default warrant being issued. Regardless, a default warrant is equally as serious as an arrest warrant and you will want to get it taken care of as soon as possible.
Whether it be a straight warrant or a default warrant, a warrant is ordered by the judge and requires that you be arrested when and if the police are able to come into contact with you.I HAD A DEFAULT WARRANT ISSUED IN MY NAME. WHAT ARE THE STEPS TO RESOLVING THE WARRANT?
When you appear in court after an arrest warrant is issued, you reduce the chance that the court will set a high bail as your conduct of voluntarily appearing in court demonstrates to the court that you are not trying to run from the criminal charges.
- Any type of warrant can be removed by appearing in court. You should have an experienced lawyer on your side when you appear. It’s generally a quick court date but you will want to have someone whom can make a strong argument on your behalf.
- If you failed to appear in court, in many cases, you should not continue to run from the court but should appear in court with an experienced Massachusetts criminal defense lawyer.
In most cases, the court will remove the warrant and set the case down for a further court date. The court will likely assess a $50.00 default removal fee. If you have defaulted numerous times on the case or the case involved serious Massachusetts criminal charges, such as a 3rd offense OUI, firearms offense or serious domestic assault and battery, the court may have a hearing to decide whether you should be required to post bail as a condition of your release. Bail is money that the court orders you to pay in an effort to ensure that you appear in court.
You do not want to have a pending default warrant for a number of reasons. First, you will have your license suspended immediately once the warrant is issued. Many people do not realize that and eventually find themselves being pulled over, arrested, and additionally charged with driving with a suspended license.
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A Key point to remember: A Massachusetts criminal defense attorney will be able to have any outstanding warrants removed when you appear in court. The sooner you appear in court the better your chance of having the court set a no cash bail or a reduced bail amount. Call Attorney DelSignore now if you have a Massachusetts default or arrest warrant issued against you.
To learn more about the court process, visit our website where you can learn about the different court dates you will have and what you can expect. While on the website, feel free to browse our criminal defense case results, and call if you have any questions at all.