A bench warrant in Massachusetts is a serious legal matter that arises when an individual fails to comply with a court order, such as not appearing for a scheduled court date or failing to fulfill conditions set by the court. Unlike arrest warrants, which are issued based on probable cause for committing a crime, bench warrants are issued directly by a judge from the bench, hence the name. At DeGiacomo & Mikhlin, P.C., we emphasize the importance of addressing bench warrants promptly and responsibly. Here’s how to handle a bench warrant in Massachusetts.
Understanding Bench Warrants
A bench warrant authorizes law enforcement to arrest the individual named in the warrant and bring them before the court. The reasons for issuing a bench warrant can vary, including:
- Failure to appear in court
- Failure to pay fines or restitution
- Violating probation conditions
- Failing to comply with a court order, such as attending a mandated program
Once issued, a bench warrant remains active until the person named in the warrant is arrested or voluntarily appears in court.
Steps to Take If You Have a Bench Warrant
- Confirm the Warrant: If you suspect there is a bench warrant for your arrest, confirm its existence. You can do this by contacting the court clerk's office where the warrant may have been issued, consulting with a lawyer, or checking online databases if available.
- Contact an Attorney: It’s crucial to consult with an experienced attorney as soon as possible. An attorney can provide legal advice, explain your options, and represent you in court. They can also negotiate with the authorities to potentially reduce penalties or facilitate your surrender under more favorable conditions.
- Voluntary Surrender: In many cases, voluntarily surrendering to the court is advisable. This shows the court that you are taking responsibility for the situation, which can sometimes lead to more lenient treatment. Your attorney can help coordinate the surrender and prepare you for the hearing.
- Attend the Court Hearing: After surrendering, you will typically have a hearing before the judge who issued the bench warrant. The judge will address the reasons for the warrant and determine the next steps. It's essential to be prepared for this hearing, as the judge may decide to impose additional conditions, modify bail, or detain you.
- Resolve the Underlying Issue: Addressing the reason the bench warrant was issued is critical. This may involve paying overdue fines, completing community service, attending required programs, or any other court-ordered action. Resolving the underlying issue can help avoid future legal complications.
Consequences of Ignoring a Bench Warrant
Ignoring a bench warrant can lead to serious consequences, including:
- Arrest at Inconvenient Times: Law enforcement can arrest you at any time, including at home, work, or during a routine traffic stop.
- Additional Charges: You may face additional charges, such as "failure to appear," which can complicate your legal situation.
- Increased Bail or No Bail: The court may impose higher bail amounts or deny bail altogether, making it more difficult to secure your release.
Conclusion
Handling a bench warrant in Massachusetts requires prompt and careful action to minimize legal consequences and demonstrate your willingness to comply with the court's orders. At DeGiacomo & Mikhlin, P.C., we are here to assist you in navigating this challenging situation. If you have a bench warrant or believe one may have been issued, contact us today for a consultation. We will work diligently to protect your rights and help you resolve the matter efficiently and effectively.