Discovering that you have an active warrant for your arrest can be frightening and overwhelming. Whether you missed a court date, failed to comply with a court order, or are facing new criminal charges, a warrant means that law enforcement has the authority to arrest you at any time. Understanding your options and taking immediate action is crucial to protecting your rights and minimizing the potential consequences.
In Massachusetts, warrants don’t simply disappear on their own. Ignoring a warrant only makes the situation worse, potentially leading to arrest at the most inconvenient times—during a traffic stop, at your workplace, or even at your home. The good news is that you have options, and taking proactive steps can make a significant difference in how your case proceeds.
If you’re facing a warrant, consulting with an experienced Boston criminal defense lawyer should be your first priority. An attorney can help you navigate the legal system, potentially arrange for a safe surrender, and work to protect your freedom and future.
Bench Warrant vs Arrest Warrant
Understanding the type of warrant issued against you is an important first step. In Massachusetts, there are two primary types of warrants: bench warrants and arrest warrants, though both ultimately give law enforcement the authority to take you into custody.
Bench Warrants are issued directly by a judge, typically from “the bench” during a court proceeding. These warrants are most commonly issued when someone fails to appear for a scheduled court date or violates the terms of their probation or bail conditions.
A bench warrant for failure to appear is one of the most common types of warrants in Massachusetts. When you miss a court appearance, the judge may issue a capias warrant (another term for a bench warrant) that authorizes your immediate arrest. Bench warrants can also be issued for contempt of court when someone willfully disobeys a court order or disrupts court proceedings.
Arrest Warrants, on the other hand, are typically issued at the beginning of a criminal case. Law enforcement presents evidence to a clerk magistrate or judge demonstrating probable cause that a crime has been committed and that you committed it. If the magistrate or judge agrees, they’ll issue an arrest warrant authorizing police to take you into custody. These warrants are based on alleged criminal conduct rather than failure to comply with court procedures.
Regardless of which type of warrant has been issued, both carry serious consequences. Both a bench warrant and an arrest warrant authorize law enforcement to arrest you, book you into jail, and bring you before a judge. You could be arrested at any time, in any place, without warning. This is why addressing a warrant immediately is so critical—voluntary surrender on your own terms is almost always preferable to an unexpected arrest.
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Turning Yourself In For a Warrant
If you have an active warrant, voluntarily surrendering to law enforcement, often called “turning yourself in“, is generally the best course of action. This demonstrates to the court that you’re taking responsibility and are willing to address the situation, which can work in your favor when a judge considers bail and other conditions of release.
Before turning yourself in, you should consult with a criminal defense attorney who can coordinate the surrender process. Your lawyer can contact the court or the district attorney’s office to arrange a specific time and date for you to appear, which is far better than simply walking into a police station. In many cases, your attorney can arrange for you to surrender directly at the courthouse rather than at a police station, potentially avoiding the booking process altogether.
When you turn yourself in, you’ll typically be brought before a judge for an arraignment (if it’s a new arrest warrant) or a hearing (if it’s a bench warrant for failure to appear or violation of probation). The judge will address the warrant and determine what happens next.
Bail and Release Considerations
One of the most pressing concerns when facing a warrant is whether you’ll be released or held in custody. In Massachusetts, bail decisions are governed by Massachusetts General Laws Chapter 276, which requires judges to consider several factors when determining conditions of release.
If you’re arrested on a warrant, the judge will consider the nature and circumstances of the offense, your ties to the community, your criminal record (if any), your history of court appearances, and any risk you may pose to public safety. The judge has several options: releasing you on personal recognizance (a promise to appear), setting bail (cash or surety), imposing conditions such as GPS monitoring or stay-away orders, or in serious cases, ordering you held without bail.
When the warrant stems from a failure to appear, judges tend to take the matter seriously because it suggests you may not reliably appear for future court dates. However, if your attorney can demonstrate that the failure to appear was due to circumstances beyond your control—a medical emergency, miscommunication, or honest mistake—the judge may be more lenient. Having an attorney present at your surrender can significantly improve your chances of a favorable bail determination.
For bench warrants issued due to probation violations or contempt of court, the analysis can be more complex. The judge will want to understand why you violated the terms of your probation or failed to comply with a court order. Your attorney can present mitigating evidence and argue for your release while the underlying violation is addressed.
It’s also worth noting that in some cases, particularly for minor offenses or first-time failures to appear, your attorney may be able to have the warrant recalled without you ever being arrested. This typically involves filing a motion to recall the warrant and having a hearing where your attorney explains the circumstances to the judge.
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The Importance of Legal Representation: Take Action Now
If you have a warrant for your arrest in Massachusetts, time is of the essence. Every day that passes with an active warrant is another day you risk unexpected arrest, and delays only make it harder to resolve the situation favorably. The single most important step you can take is to retain an experienced criminal defense attorney who understands Massachusetts warrant procedures and can protect your rights throughout the process.
At Nate Amendola Defense, we have extensive experience helping clients navigate warrant issues in Massachusetts courts. We understand how stressful and uncertain this situation can be, and we’re committed to achieving the best possible outcome for your case. Our team can coordinate a safe surrender, argue for reasonable bail conditions, and develop a comprehensive defense strategy to address the underlying charges or violations.
Don’t wait for law enforcement to come to you. Taking proactive steps now can make all the difference in protecting your freedom, your reputation, and your future. Contact Nate Amendola Defense today for a confidential consultation. We’re here to help you through this difficult time and to fight for the best possible resolution to your case.
The consequences of a warrant are too serious to face alone. Let our experience work for you. Call us now for a free initial consultation, we’ll help you resolve your warrant and move forward with your life.
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