Outstanding Warrants

Dealing With an Outstanding Warrant?

Contact Warrant Attorney Steven J. Topazio

An outstanding warrant can be serious business. Outstanding warrants do not just disappear into the record archives because they get old or many years have gone by. The last thing you want is to disrupt your career or your personal life because you failed to resolve this matter.

An outstanding warrant in your name gives law enforcement officers permission to arrest you immediately. A minor speeding violation — even if the incident occurs outside Massachusetts — could land you in handcuffs and send you to jail if the police officer who stops you discovers that there is an outstanding warrant with your name on it. The best time to deal with an outstanding warrant is now.

Advantages of Hiring an Experienced Criminal Defense Attorney

A skilled criminal defense lawyer, who has handled these types of cases, knows exactly what documents and information the court requires to achieve a swift resolution.

An experienced attorney will be able to cancel your warrant and, in many cases, avoid having you held in custody.

A good criminal defense attorney knows how to explain to the judge and prosecutor the reason for the warrant.

A knowledgeable criminal defense attorney may convince the court to release you on your own recognizance (O.R. Release, which is your promise to return to court), without posting bail.

Your attorney may also argue for a reasonable bail if bail is required.

Outstanding Warrants

If you failed to appear in court and defaulted on a case and the court issued a default warrant against you or there is a straight warrant for your arrest, contact Boston Criminal Defense Attorney Steven J. Topazio.

Attorney Steven J. Topazio knows that if you act alone when you address the warrant, you will face a complex criminal justice system that may cause you to lose your freedom. You could be held on bail when you appear in court to recall your warrant.

Before a court can hold you on bail however, the judge will inform you that you have a right to a criminal defense lawyer and that if you cannot afford a lawyer, one will be appointed to you. You have to decide whether you are going to hire a private criminal defense attorney of your choice or whether you are going to get an appointed lawyer who may only has seconds to prepare him or herself before being asked to argue bail on your behalf.

Contact an Experienced Boston Lawyer

The good news is you do not have to appear in court unprepared. Boston Criminal Defense Attorney Steven J. Topazio will fight for you, help you assess your case, explain to you all your options and rights and navigate you through the system. Call 617-422-5803 or email me for a free consultation.

RECENT CASE DECISIONS

November 15, 2011
Fitchburg District Court
Docket # 1116CR1998; 1116CR1723

Attempted Murder M.G.L. c. 265 § 16
A&B M.G.L. c. 265 § 13A(a)
Violate Abuse Prevention Order M.G.L. c. 209A § 7
Aggravated A&B c. 265 § 13A(b)
Witness Intimidation M.G.L. c. 268 § 13B
Malicious Damage to Motor Vehicle M.G.L. c. 266 § 28(a)
Arrest Warrant

The client, an 18 year old High School student, was initially arrested on domestic violence charges involving his girlfriend with whom he lived, hired Attorney Topazio to represent him. Prior to the next scheduled court date, the client got into another altercation with his girlfriend after which she applied for a restraining order. Attorney Topazio immediately obtained a witness statement indicating that the girlfriend was the aggressor and shared this information with investigating police. So as to prevent a warrant from being issued by police against his client, Attorney Topazio negotiated a situation whereby he allowed his client to provide a statement to police and to accept service to the temporary restraining order, in exchange for the police agreeing not to issue warrant for the client’s arrest but rather agreeing to issue summons to both parties as mutual combatants. After this event, the girlfriend alleged yet again that there was a third incident between the parties wherein she alleged that the client violated the restraining order by trying to strangle her the day before his scheduled court appearance, and as a result the client was arrested on attempted murder charges. In preparation of the bail argument, Attorney Topazio obtained cell phone records between the parties suggesting no attack occurred and that the girlfriend was making false allegations. Attorney Topazio also presented alibi witnesses at his client’s arraignment which called into question the veracity of the girlfriend’s allegations that she was attacked. Despite the Commonwealth’s request to revoke his client’s bail and to hold him on $50,000.00 bail on the Attempted Murder case, Attorney Topazio was successful in getting the Court to deny the Commonwealth’s Motion to Revoke Bail and further to get his client released from custody on the condition of electronic monitoring through the Massachusetts Probation Electronic Monitoring Program, and the Court agreed.

Result: Warrant withdrawn and client released from custody on electronic monitoring “ELMO Program.” Case pending.

November 04, 2011
East Boston District Court
Docket # 1005CR1113

Possession Class B Substance M.G.L. c. 94C § 34
Default Warrant

The client, a 27 year old High School graduate, was initially arrested for possession of a class B substance and released on personal recognizance but failed to return to court when required and as a result was defaulted. The court issued a warrant for the client’s arrest, being that this was the client’s third time defaulting. In fear of being held in custody as a result of the default warrant, the client chose not to go to court on his own but rather in the company of an experienced criminal defense attorney and hired Attorney Topazio. Attorney Topazio realized that his new client had suffered a substance abuse relapse in his fight against addiction and felt that it would be better to help his new client learn the skills to fight his addiction rather than risking that he be held in custody on bail, where he would suffer an involuntary detox. Attorney Topazio provided the names and addresses of both outpatient and inpatient substance programs to his client and helped him enroll in a substance abuse program prior to appearing in court. Today, Attorney Topazio accompanied his client to court to remove the default warrant and to argue for bail. Despite the Commonwealth’s request for detention, Attorney Topazio convinced the court to release his client to a substance abuse program in lieu of holding him on bail.

Result: Warrant withdrawn and client released on personal recognizance to a substance treatment program pending his next court date. Case pending.

November 22, 2010

Boston Municipal Court
Magistrate Hearing

Application for Criminal Complaint Violation of 209A Restraining Order
Default Warrant

The defendant, who received an application from the court for issuance of a complaint for violating a 209A restraining order, hired Attorney Topazio. The application alleged that the defendant was accused of telephoning his ex-girlfriend from a blocked telephone number in violation of the order. Attorney Topazio met with the prosecuting detective and learned that in addition to the allegations that there was an outstanding default warrant for his client’s arrest on a second case involving the same victim. Today during the Magistrate’s Hearing, Attorney Topazio requested that the hearing be continued so as to give his client time to appear and recall the outstanding default warrant instead of being taken into custody, and the Magistrate and Detective agreed. Attorney Topazio thereafter appeared with his client and recalled the default warrant and requested that the Court release his client on personal recognizance despite the District Attorney’s request for cash bail. The Court agreed.

Result: Warrant recalled and client released on own recognizance in lieu of being held on bail. Hearing on application for issuance of complaint continued for further hearing.

June 21, 2010
Brookline District Court
9809CR0221

Warrant
Probation Violation

The defendant, who was living in Hawaii, could not renew her license when she found out there was an outstanding warrant for her arrest in the Brookline District Court, hired Attorney Topazio to represent her. Attorney Topazio went to the Brookline Court and discovered the warrant was for defaulting on a probation case. Attorney Topazio met with the Probation Officer assigned to his client’s case to see if the case could be resolved without his client having to appear because she was stuck in Hawaii and could not travel without identification. Today, Attorney Topazio appeared in the Brookline District Court and caused the Court to recall the outstanding warrant against his client in her absence, and caused fines to be paid so as to allow the court to close the case against his client.

Result: After hearing client’s appearance waived, default warrant withdrawn and case closed.

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Steven J. Topazio - Attorney At Law

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Outstanding Warrants