Arrest warrants in Massachusetts come in two main types: straight warrants and default warrants. A straight warrant is issued when you miss your first court date.
A default warrant is issued when you fail to appear in court as required, such as missing a pretrial hearing, motion hearing or probation violation hearing. In this situation, you’ve already been to court have been given another court date while you’re there.
Both types authorize law enforcement to arrest you. After you’re arrested on the warrant, you’re brought to court for arraignment or another scheduled hearing. Arrest warrants remain active until executed (until you’re arrested) or recalled by the court.
Understanding Arrest Warrants in Massachusetts
Arrest warrants in Massachusetts play a critical role in the criminal justice system. Whether you’re dealing with a straight warrant, a default warrant, or another type of warrant, it’s important to understand how these court orders impact your rights and responsibilities. This guide explains the different types of warrants, how they are issued, and the best ways to handle them under Massachusetts criminal law.
What Are the Different Types of Warrants in Massachusetts?
Massachusetts law recognizes several types of warrants, each serving a specific purpose. The most common are arrest warrants, which authorize law enforcement officials to detain an individual. Arrest warrants are further categorized into two primary types: straight warrants and default warrants.
Other warrants, such as bench warrants (a.k.a. a capias), a warrant of apprehension (used in civil commitment cases) and probation warrants (issued at the request of your probation officer). Understanding the type of warrant in your case helps you decide the best course of action.
What Is a Straight Warrant in Massachusetts?
A straight warrant is issued when you don’t show up to court after being told to. It usually happens like this, the court send you a Summons to appear in court and you don’t show up. A lot of times what happens is you don’t get the Summons because the court doesn’t have your correct address or it gets lost in the mail. When someone gets picked up on a straight warrant, it usually comes as a surprise.
Straight warrants authorize law enforcement officers to arrest you on the warrant. Once arrested, you’ll be brought to court to address the criminal charges. Ignoring a straight warrant can lead to additional charges, such as resisting arrest, and can negatively impact your criminal records.
What Is a Default Warrant in Massachusetts?
A default warrant is issued when you fail to appear for a scheduled court date. Defaults happen after you’ve already been to court on your case. On that day, you’re told to come back on another date. When you don’t show up then, a default warrant issues. Default warrants are taken more seriously, because it looks like you’re not following court orders.
Once a default warrant is active, it can result in serious consequences. First of all, you could be arrested any time. If it’s a non-bailable warrant, you’ll be held in custody until the court is open. If you get picked up on a Friday night, you’ll spend the whole weekend in jail. Further, the Massachusetts Registry of Motor Vehicles may suspend your driver’s license, or not renew it. If your job requires a background check, it will show up and could cause you problems there. Resolving a default warrant quickly minimizes the risk of unintended consequences and additional penalties.
What to Do If You Have an Outstanding Warrant for Missing Court
Call us immediately, if you suspect you have an outstanding warrant. We’ll check with the court to confirm it. We’ll then schedule a time to bring you to court to get the warrant withdrawn. You must show up to get a warrant removed. You shouldn’t go alone.
If there’s a good reason why you weren’t in court on the scheduled date, we’ll explain that to the judge. We’ll bring in any supporting evidence such as documentation or witnesses that can verify your situation.
How Do Cops Know About Warrants in Massachusetts?
Police in Massachusetts have access to databases that show active warrants. When a warrant is issued, it is entered into a statewide system called the Massachusetts Warrant Management System (WMS). Officers can check this system during traffic stops, routine encounters, or when they receive information about someone who might have a warrant.
Warrants can also appear in national databases like the National Crime Information Center (NCIC), which allows police outside Massachusetts to see them. If you have a warrant, police may be notified through routine checks or targeted investigations. This is why it’s important to resolve any outstanding warrants quickly to avoid unexpected arrests.
Can You Be Pulled Over for a Warrant in Massachusetts?
Yes, law enforcement officers can arrest you during a routine traffic stop if you have an outstanding warrant. Police access warrant information through systems like the Massachusetts Warrant Management System or by running your license plate.
Being arrested during a traffic stop can escalate the situation, especially if it leads to additional charges. Addressing the warrant before such encounters occur is the best option to avoid complications. Proactively resolving warrants helps keep you out of jail.
How Do Police Serve Warrants in Massachusetts?
Police serve warrants in different ways, depending on the type of warrant and the underlying offense. In many cases, law enforcement agencies will come to your:
- home,
- workplace, or
- other known locations
to serve the warrant. For less severe matters, they may use a phone call or text message to encourage voluntary compliance.
For more serious offenses, such as sexual assault or drunk driving, law enforcement officials may take immediate action to locate and arrest the individual. Resolving warrants promptly reduces the likelihood of police officers visiting your home or disrupting the rest of your family.
Can Police Come to Work and Arrest Me on a Warrant in Massachusetts?
Yes, police can come to your workplace and arrest you if there is an active warrant for your arrest in Massachusetts. Warrants authorize law enforcement to detain you wherever they locate you, including your job. While it may seem extreme, officers may choose to act on a warrant at your workplace if they believe it’s the best opportunity to apprehend you, particularly if other attempts to reach you have been unsuccessful.
An arrest at work can be embarrassing and disruptive, but there are steps you can take to avoid this situation. If you’re aware of a warrant, it’s essential to address it proactively by contacting us immediately. Taking action can help you manage the situation privately and minimize the impact on your employment and reputation.
How to Clear a Warrant in Massachusetts
Clearing a warrant in Massachusetts involves appearing in court to address the reason the warrant was issued. Whether it’s a straight warrant for new criminal charges or a default warrant for missing a court date, the process starts with contacting us. We’ll schedule a time to appear before a judge, where we’ll explain your situation and work toward resolving the underlying issue.
When we appear in court, the judge will review your case and decide whether to lift the warrant. It’s important to be prepared. We’ll explain why the warrant was issued and show that you’re ready to address the matter responsibly. Once the warrant is lifted, you won’t face the immediate risk of arrest, but you’ll still need to handle any pending charges or legal obligations connected to the case.
Will My Probation Officer Tell Me if I Have a Warrant in Massachusetts?
Your probation officer may tell you if a warrant has been issued for you, but this is not guaranteed. Probation officers are responsible for supervising your compliance with court orders, and they might inform you about a warrant if it relates to your probation. However, in some cases, they may not inform you directly, especially if they believe you are intentionally avoiding your obligations.
If you suspect there is a warrant for your arrest, it’s important to take action right away. You can contact your probation officer or the court to confirm if a warrant exists and what steps you need to take to address it. Ignoring a warrant can lead to an unexpected arrest, so resolving it as soon as possible is the best way to protect yourself and stay on track with your probation.
How to Clear a Probation Warrant in Massachusetts
Clearing a probation warrant in Massachusetts starts with taking responsibility and addressing the issue quickly. Probation warrants are usually issued when someone violates the terms of their probation, such as missing a meeting or not completing required programs. The first step is to contact your probation officer or hire an attorney to help you understand the specific reason for the warrant and how to resolve it.
To clear the warrant, you’ll likely need to appear in court for a hearing. At the hearing, you can explain the situation to the judge, and your attorney can advocate for you to avoid harsh penalties. Taking action quickly shows the court that you are serious about fixing the problem, which can increase the chances of a positive outcome and help you stay on track with your probation.
Do Warrants Show Up on My Criminal Records?
Yes, warrants appear on your criminal records and may be visible in public records. This includes:
- outstanding arrest warrants,
- bench warrants, and
- warrants related to probation violations.
Such information can affect your:
- employment opportunities,
- ability to travel, and
- interactions with law enforcement officials.
Clearing a warrant updates your criminal records, but the underlying case may still appear. Regularly checking your records and resolving old warrants ensures your legal status is accurate and avoids unintended consequences in the future
How Quickly Are Warrants Issued in Massachusetts?
Warrants in Massachusetts can be issued very quickly, often within hours or days, depending on the situation. If you fail to appear in court for a scheduled hearing, a judge can issue a warrant for your arrest immediately. For criminal charges or serious offenses, arrest warrants may also be issued quickly after the police gather enough evidence to justify the warrant.
The speed of issuing a warrant depends on factors like the type of offense and the urgency of the case. For minor issues, such as unpaid fines, a warrant might take longer to be issued, but it will still remain active until resolved. To avoid complications, it’s important to address any legal obligations or missed court appearances as soon as possible to prevent a warrant from being issued.
Can a Warrant Be Dropped in Massachusetts?
Yes, a warrant can be dropped, or “recalled,” in Massachusetts, but it requires taking the proper steps to resolve the issue. Warrants are typically issued for missing a court date, unpaid fines, or probation violations. To have the warrant dropped, you usually need to appear in court and address the underlying reason it was issued. An attorney can help you arrange a hearing and guide you through the process.
At the court hearing, the judge will decide whether to cancel the warrant based on your explanation and any actions you’ve taken to fix the problem. For example, paying fines, completing missed probation requirements, or showing valid reasons for missing court can help. Taking care of a warrant quickly is important to avoid being arrested or facing additional penalties.
How Does a Warrant Get Cancelled in Massachusetts?
A warrant in Massachusetts can be cancelled, or “recalled,” by addressing the reason it was issued in the first place. This usually requires appearing in court to resolve the underlying issue, such as missing a court date or failing to pay a fine. We can help you schedule a court hearing and may even be able to resolve the matter without you being arrested.
Once you appear in court, the judge will decide whether to cancel the warrant based on your actions to address the issue. It’s important to show the court that you are taking the matter seriously, which can help minimize additional penalties. Acting quickly to resolve a warrant is the best way to avoid further complications, such as being arrested unexpectedly.
What Does “Case Status Warrant” Mean?
The term “case status warrant” indicates that an active warrant is associated with an open criminal case. This status means the warrant remains unresolved until you address it in court. Courts use this designation to track cases requiring further action.
Resolving a case status warrant is essential to prevent further complications, such as additional charges or penalties. You should contact us immediately to schedule a court date and take appropriate steps to resolve the matter.
Conclusion
Understanding arrest warrants in Massachusetts is crucial for protecting your rights and avoiding unnecessary complications. Whether it’s a straight warrant, default warrant, or another type, it’s important to address the situation promptly by appearing in court and resolving the issue. Ignoring a warrant only increases the risk of unexpected arrests and potential penalties.
Taking proactive steps to handle a warrant demonstrates responsibility and can help reduce the impact on your case. Remember, warrants don’t expire, and law enforcement has the authority to act on them at any time. By addressing the matter directly, you can move forward and work toward resolving the underlying legal issues.
I have been practicing law in Massachusetts since 1995. My focus is in the areas of criminal and family law. I’m dedicated to providing high-quality legal help at an affordable price. I practice throughout Massachusetts. I earned my MBA from the University of Rhode Island in 2023. I earned my JD from New England School of Law in 1994. I earned my BA from Rhode Island College in 1990.