Arrest Warrant Guide

Massachusetts Arrest Warrants

In a majority of cases warrants of arrest are issued by judges of the court. If the district attorney or a law enforcement officer provides a testimony for a plausible criminal offense, a warrant can be issued. Unlike search warrants that require a statement of place, law enforcement officers are permissible to search any residency for an individual.

If there is reason to believe an individual will destroy evidence, will injury him or herself, or will injury an officer, the assigned officers are not required to announce their presence at a residence through knocking and voice.

Section sixteen of the Massachusetts state statute says that the governor has the right to issue an arrest warrant with the state seal if he or she finds the case to be plausible. After signing the warrant of arrest the governor will then choose a law enforcement officer to execute the warrant. A governor's issuance of an arrest warrant is to be treated the same as a judge's issuance of an arrest warrant.

Section seventeen of Massachusetts' statute states that a warrant of arrest allows the individual to be arrested at any place at any time of the day. This statute also requires other law enforcement officers, not assigned to the specific case, to assist the assigned officers whenever necessary.

Massachusetts' statute section twenty B allows an officer of the law to take an individual into custody without a warrant if he or she is believed to have charges in another state of at least one year of imprisonment or a crime to be punished by execution.

After an arrest the individual is to automatically be taken to the court to issue a legalizing warrant and a testimony under oath to justify the arrest. This process allows the arrest without a warrant to be legal, though all sections of the process must be carefully followed.

If the individual brought before the court has broken his or her bail terms or other parole or probation agreements, he or she can be submitted into jail custody for no more than thirty days. The individual may, however, be released if bail is paid.

Unknown Warrants
In each state, including Massachusetts, it is possible to have a warrant of arrest without knowledge. Because arrest warrants are serious and can lead to several years in prison, it is important to act accordingly. The Internet provides may state central websites and databases for search outstanding warrants. Massachusetts has specific sections in each website that allow specific searches via city and county. If an individual has a warrant of arrest, he or she may have lesser charges if he or she surrenders to the court.

Bench Warrants
Bench warrants are also a possible type of warrant that a judge can issue. This type of warrant is only issued when an individual on bail declines to appear at his or her assigned court date. Through an assumption of bail jumping, a judge can then issue a warrant of arrest and for the individual to be brought to the court.