Outstanding Warrants in Boston – Massachusetts Criminal Defense Attorney
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.
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 or email me for a free consultation.
RECENT CASE DECISIONS
Default Warrant; Possession of Firearm without ID card MGL c 269 § 10(h): Defendant’s appearance waived in court, Default Warrant canceled and probation terminated.
- Steven Topazio wrote this August 10, 2016 at 8:58 pm
The client, who resides in New Jersey, was notified by the Department of Motor Vehicles in New Jersey that his driving privileges were suspended in New Jersey as a result of his driving privileges being suspended indefinitely in Massachusetts due to being in default on a criminal case in Massachusetts. When the client contacted the RMV in Massachusetts he was informed that his driving privileges were suspended indefinitely in Massachusetts due to a default warrant. A default warrant issued against the client in 1991 when he ceased reporting to his probation officer in Massachusetts; hired Attorney Steven J. Topazio to fix the matter. Attorney Topazio investigated the case and learned that his client had not offended since defaulting in Massachusetts. Attorney Topazio met with the Chief Probation officer from the court that defaulted his client and pointed out that his client cleared up the outstanding warrant in New Jersey; had served in the US Army from 1976-1986; and was a 100% disabled veteran and was supported by the Veterans Administration. Today, Attorney Topazio argued to the court that his client was without sufficient funds to return to court to deal with the default warrant, and persuaded the court to waive his client’s appearance, cancel the outstanding warrant, and waive all outstanding fees and costs, as well as terminating his client’s probation. With the default warrant canceled, the Massachusetts RMV will lift the indefinite suspension on the client’s driving privileges which will allow him to renew his New Jersey driving license.
September 18, 2013
Chelsea District Court
Docket # 1314CR1719
Marked Lanes Violation c. 89 § 4A
Operating with Suspended License c. 90 § 23
Crosswalk violation c. 89 § 11
The client, a 25 year real estate agent, received a motor vehicle citation for driving after her driver’s license was suspended hired Boston Criminal Lawyer Steven J. Topazio to defend her. Attorney Topazio instructed his client to appeal the citation within four (4) days so as to obtain a Clerk Magistrate’s hearing, otherwise a criminal complaint would issue for operating with a suspended license. The client did as instructed but failed to attend the scheduled Clerk’s hearing and a criminal complaint issued. The client was summonsed to court for an arraignment but when she failed to appear she was defaulted and a warrant issued for her arrest. The client learned of the default warrant when she called the court inquiring about the Clerk’s hearing she had requested and when she learned there was a warrant for her arrest claimed she was never notified of the Magistrate Hearing or subsequent arraignment. Attorney Topazio went to the court and learned that the court sent notice of the hearing to the wrong address which explained his client’s failure to appear for both the Clerk’s hearing and for the subsequent criminal arraignment. Attorney Topazio instructed his client to accompany him to court so as to recall the default warrant. Today, Attorney Topazio refused to allow his client to be arraigned on her case and convinced the court that the complaint against his client was issued without probable cause as she was denied her due process rights and the court agreed. The case was dismissed prior to arraignment. Having the criminal charge dismissed prior to arraignment prevents that charge from appearing on his client’s CORI.
Result: Warrant recalled and case dismissed prior to arraignment.
July 25, 2013
Roxbury Division of Boston Municipal Court
Docket # 1202CR3523
Carry Firearm Without License M.G.L c.269 § 10
Possess Ammo M.G.L c.269 § 10(H)
Threats M.G.L c.275 § 2
Loaded Weapon M.G.L c.269 § 10
The client, a 33 year old professional and father of two, was arrested for illegally possessing a firearm, hired Boston Weapons Attorney Steven J. Topazio to defend him. The client was released on conditions of bail which included GPS monitoring and a stay away order. Immediately after Attorney Topazio was retained, the client received a probation warrant for a strap tamper to his GPS monitoring device and the prosecutor on the case filed a motion to revoke the client’s bail. Attorney Topazio filed a motion to remove the GPS monitoring device and stay away order due to changed circumstances and contested the bail revocation. Today, although Attorney Topazio acknowledged that there was a violation of a condition of his client’s release, he objected to any argument that his new client should be subject to a revocation of release and an order of detention. Despite the prosecutor’s argument that no condition or combination of conditions will assure that the client will not pose a danger to the safety of any other person or the community, Attorney Topazio persuaded the court to deny the prosecutor’s motion to revoke his client’s bail and to release his client on bail.
Result: Motion to Revoke bail denied and client released from custody. Case pending.
November 07, 2012
BMC Dorchester District Court
Docket # 9307CR0526
Larceny over $250 M.G.L. c. 266 § 30
The client, a 38 year old School Teacher residing in the state of Florida, hired Boston Massachusetts Defense Lawyer Steven J. Topazio to represent her when she learned that there was an outstanding default warrant for her arrest. Attorney Topazio investigated the matter and met with the Assistant District Attorney to first seek the district attorney’s consent to allow him to file a motion seeking court permission to waive his client’s appearance at the next court proceeding so he could recall the default warrant in his client’s absence. Attorney next provided the Assistant District Attorney with a copy of the police report prior to scheduling the case in court so as to give the district attorney an opportunity to determine if the case was still viable after all this time. Today, Boston Defense Lawyer Topazio convinced the court to waive his client’s presence and to recall the default warrant in her absence. After listening to both sides, Boston Criminal Attorney Topazio persuaded the court to dismiss the charge against his client for want of prosecution.
Result: Warrant Canceled and Case dismissed.
June 01, 2012
East Boston District Court
Docket # 0805CR1236
Larceny From the Person
The Client, a 25 year old telemarketer, who was on probation for four years after serving a two year committed sentence for ABDW, received a Notice of Probation Violation and Hearing from his probation officer when he was thrown out of his drug rehabilitation program for allegedly dealing heroin. When the Client failed to appear at the initial final hearing, a warrant issued for his arrest. After several months of being on the lam (or on the run), the Client was held without bail on a probation detainer after being arrested on a new drug related offence, hired Boston Criminal Defense Attorney Steven J. Topazio to represent him. Attorney Topazio met with his Client at the Nashua Street Jail and discussed his options with him. Attorney Topazio next met with his Client’s supervising probation officer who was adamant that at the final surrender she would recommend to the court that the Client receive a two year committed sentence due to his lengthy criminal record. Today, Attorney Topazio appeared at the final surrender hearing with his Client and instead of having a final hearing, stipulated to a violation and despite probation’s recommendation that his client serve a two year committed sentence, Attorney Topazio convinced the court to commit his client for nine months, remit over $1200.00 in fees the client owed the court, and to give his Client credit for time held in custody.
Result Client avoids a two year commitment as recommended by probation and receives a nine month sentence.
May 23, 2012
BMC Charlestown District Court
Docket # 9004CR1390
Operating without a license M.G.L. c. 90 § 10
Operating Negligently M.G.L. c. 90 § 24
Attaching Plates M.G.L. c. 90 § 23
The client, a 41 year old PGA golf instructor, hired Attorney Topazio to represent him after he was notified by the Department of Motor Vehicles in Washington State that his right to operate a motor vehicle was suspended in that state due a default warrant in Massachusetts. Attorney Topazio investigated the matter and discovered that the client had failed to appear on a straight warrant out of the Charlestown District Court. The Client tried to resolve the matter on his own without traveling to Massachusetts but was unsuccessful. The Court responded to the Client after it reviewed the matter with the probation department and the Assistant District Attorney assigned to the Court, and informed the Client that it refused to resolve the criminal matter without the Client’s presence. Attorney Topazio acquired documentation of the client’s whereabouts and provided same to the court. Attorney Topazio filed a motion requesting that the court waive his client’s presence and to recall the warrant and to continue the case for arraignment. As a result of this initial court ruling, Attorney Topazio was provided with a Notice of Warrant Cancellation for his client. Attorney Topazio next met with the Assistant District Attorney and pointed out that the police department involved with the case was the Metropolitan District Commission, or MDC, which no longer existed. Today, Attorney Topazio argued that the case was not viable and persuaded the court to dismiss the case prior to arraignment on court costs, so as to avoid the costs his client would have to incur in returning to Massachusetts, and the court agreed. The case was continued pending payment of the court costs in lieu of the client having to return to Massachusetts and trial on this old case.
Result: Warrant recalled and case to be dismissed upon payment of court costs in lieu of client having to return to Massachusetts and facing trial.
May 01, 2012
Roxbury Division of Boston Municipal Court&
Docket # 1102CR3549
Larceny Under $250 M.G.L. c. 266 § 30(1)
Burglarious Instrument M.G.L. c. 266 § 49
The client, a 27 year old musician with a Bachelors of Arts in music and resident of California, defaulted when he failed to appear on a summons and a warrant issued for his arrest, hired Attorney Steven J. Topazio to defend him. According to the police report, the Client was observed by Northeastern University Police, removing parts from a bicycle that the Client claimed he had permission to do. When the owner of the bicycle was contacted the bike owner denied knowledge of the Client and of giving him permission to remove any parts. Attorney Topazio obtained a letter from the bike owner which contradicted the original denial of permission and provided it to the District Attorney. Today, Attorney Topazio convinced the District Attorney to dismiss all charges against his client prior to arraignment despite this contradiction. Dismissing charges prior to arraignment means that these offenses will not appear on the Client’s CORI.
Result: Complaint Dismissed prior to arraignment.
April 13, 2012
BMC Charlestown District Court
Docket # 9004CR1390
Motor Vehicle Crime
Operating MV without a License M.G.L. c. 90 § 10
Operating MV Negligently M.G.L. c. 90 § 24
Attaching Plates M.G.L. c. 90 § 23
Unregistered MV M.G.L. c. 90 § 9
Inspection Sticker M.G.L. c. 90 § 20
The client, an out of state 41 year old PGA golf teaching professional, hired Attorney Topazio to represent him after he was notified by the Department of Motor Vehicles in Washington State that his right to operate a motor vehicle was suspended in that state due to a default warrant in Massachusetts. Attorney Topazio investigated the matter and discovered that the client was issued a summons to appear in court but failed to do so and a straight warrant was issued for his arrest. Attorney Topazio was unable to obtain a police report for the incident after learning the officer involved worked for the MDC which is no longer in existence. The MDC or Metropolitan District Commission Police merged with the State Police in 1992 and no longer exist. The Massachusetts Metro Police was created in 1893. The Metro Police had the primary jurisdiction of law enforcement on all MDC controlled properties, roadways and all Massachusetts Water Resources Authority (MWRA) facilities, Reservoirs and Watersheds. Today, Attorney Topazio filed a motion requesting that the court waive his client’s presence and to recall the warrant and to restore the case to the court’s calendar, which was granted. As a result of this initial court ruling, Attorney Topazio was provided with a Notice of Warrant Cancellation for his client. Attorney Topazio next caused the court to continue his client’s case for arraignment with the intention to have the case dismissed if the Commonwealth reports that the case is not viable.
Result: Warrant recalled and case to be dismissed prior to arraignment if Commonwealth reports that case is not viable in lieu of client having to return to Massachusetts and being arraigned on the charges.
March 21, 2012
Somerville District Court
Docket # 9410CR0403
White Collar Crime
Credit Card Fraud under $250 M.G.L. c. 266 § 37(b)
The client, an out of state 41 year old PGA golf teaching professional, hired Attorney Topazio to represent him after he was notified by the Department of Motor Vehicles in Washington State that his right to operate a motor vehicle was suspended in that state due a default warrant in Massachusetts. Attorney Topazio investigated the matter and discovered that the client had pled guilty in 1994 and received a 6 month suspended sentence with an order of restitution which his client was now in default on with a warrant for his arrest. Attorney Topazio acquired documentation of the client’s whereabouts and provided same to the court. Today, Attorney Topazio filed a motion requesting that the court waive his client’s presence and to recall the warrant and to restore the case to the court’s calendar, which was granted. As a result of this initial court ruling, Attorney Topazio was provided with a Notice of Warrant Cancellation for his client. Attorney Topazio next pointed out to the court that the restitution order triggered the default warrant because it was never paid but that if restitution was to be made now it would be to a bankrupt corporation. Attorney Topazio argued to convert the restitution order to court costs so as to avoid a probation surrender hearing, and the court agreed. The case was continued pending payment of the court costs in lieu of the client having to return to Massachusetts and face a probation surrender hearing where he could have received a 6 month House of Corrections sentence for violating the terms of his probation.
Result: Warrant recalled and case to be dismissed upon payment of court costs in lieu of client having to return to Massachusetts and facing a probation surrender hearing.
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)
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
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
Application for Criminal Complaint Violation of 209A Restraining Order
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
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.