Massachusetts Legal Developments Blog

Understanding Massachusetts Bench Warrants

A man in Massachusetts who mailed envelopes containing a mysterious white power along with a threatening note to five powerful individuals including President Trump recently entered a guilty plea for 13 counts of a threat to injure an individual as well as six counts of false information. After being arrested and charged, the man now faces up to 10 years in prison.

There are two types of “body” warrants in Massachusetts that attached to a person including arrest warrants and bench warrants. Both of these warrants grant law enforcement with certain powers. It is important for people who are subject to bench warrants to understand how these warrants are made. It also helps to understand some important details about the nature of bench warrants in Massachusetts.

The Nature of Massachusetts Bench Warrants

Arising from some type of court-related defect by an individual, bench warrants in Massachusetts are executed by the judge presiding over the case. Once the warrant is executed, it might be entered into a database that notifies law enforcement if they come into any type of contact with you that they have the ability to arrest you for the violation. Because bench warrants are not connected to an active or serious crime, these warrants do not cause law enforcement to actively search for a person. Ignoring the warrant, however, is still risky and will likely result in you being arrested eventually.

Bench warrants can have numerous serious consequences, which is why it is often in your best interest to resolve the issue properly as soon as you can. Obtain the assistance of an experienced attorney who can make certain that your case resolves in the best possible manner. An experienced criminal defense attorney might even be able to remove your bench warrant by filing the appropriate motions with the court.

The Difference Between Bench and Arrest Warrants

Arrest warrants are often requested by law enforcement officers or the district attorney’s office when probable cause exists to believe that the offense in question was committed by the named person. A judge will review the complaint as well as the policet report when a request for the warrant is made. With an eye toward whether probable cause exists, the judge will determine whether a warrant should be granted. Arrest warrants are sometimes issued in addition to a criminal summons resulting from a Grand Jury indictment. Because arrest warrants are committed to an active offense, law enforcement officers almost always aggressively pursue individuals for whom arrest warrants are issued.

Speak with an Experienced Criminal Defense Lawyer Today

If you have questions about the criminal defense process in Massachusetts, you should not hesitate to speak with an experienced attorney who can make certain that your case resolves in the best possible manner. Contact attorney Edward Molari today to schedule an initial free consultation.