Boston Warrant Removal Lawyer
If you miss a required court appearance within the Commonwealth of Massachusetts, and such court appearance is pursuant to a summons, court order, or criminal offense, then you will be held in contempt of court, and warrant will issue for your arrest.
When you are absent from court appearances and a warrant issues for your arrest, it is in your best interest to rectify this matter immediately. Outstanding warrants remain in police databases and will show up if the police run your license. This means that if you are pulled over for having a blown taillight, which is a civil infraction, then you can still get arrested for the outstanding warrant.
How Do I Know If I Have a Warrant Out for my Arrest?
Many times, people do not know that they have an outstanding warrant for their arrest until they are actually arrested. Frequently, people miss a court date because they lose a summons, their notice to appear for jury duty, or simply forget.
Then, on the day they are required to appear, the judge will call the person’s name. When they do not answer, the judge will typically issue a default warrant. Frequently, those people that default do not receive notice that a warrant has issued. Therefore, if you know that you have missed a court appearance, or you are unsure if you have missed your court appearance, you should consult with an attorney immediately in order to resolve the issue.
What are the Types of Court Appearances that Require my Attendance?
There are several types of court appearances that require attendance. The following is a short list:
- Criminal Charge: If you are charged with a criminal offense, you must attend every scheduled court appearance, unless a judge specifically waives your presence. Not appearing at a criminal hearing can have adverse affects on your record, especially if you pick up new offenses. If you have a history of defaults, a judge may be less likely to release you on personal recognizance, and may instead, hold you on bail.
- Jury Duty: The ability to serve as a juror in a legal proceeding is a privilege in the Untied States. Many Countries do not have legal proceedings that implement a jury of peers. It is also, however, a legal obligation. If a court issues you a summons to appear for jury duty, you must appear, with a few exceptions. When you do appear, you may argue that it is an undue hardship, and a judge may excuse you. However, if you do not appear, an arrest warrant will issue.
- Supplemental Process Hearings: If you have been found liable in a civil proceeding, and the other party has filed a Supplemental Process action to assess how much you can pay, then you must appear for these Supplemental Process Hearings. If you are absent for a Supplemental Process Hearing, then a Capias will issue, which will permit a law enforcement officer to physically bring you before the court.
- Summons to Appear as a Witness: Failure to appear as a witness in a criminal or civil proceeding is grounds to issue a Capias. If you are issued a summons to appear as a witness, you must appear. When you appear, you may assert a privilege excusing you from testifying, but you cannot simply skirt your responsibility to testify.
As you can see, there are many circumstances where a warrant may issue for a person’s arrest. Although not all circumstances involve criminal charges, they all have the capability of causing you to be treated as a criminal. If you suspect that you have missed a court appearance, call Kelly & Soto Law and speak with one of our attorneys about removing a default warrant or capius. Often, our attorneys can resolve the issue and put you in a more favorable light in front of the court. Furthermore, we will more than likely be able to assist you in the underlying matter that required you to appear in the first place.