Defaults lead to bail


The holidays are time for family.  The last thing you want to do is to spend your holiday in jail.  One of the most important factors in determining if the judge will set a bail on you is how often you default.  The purpose of bail is to encourage a person to show up in court.  Therefore, if you have a lot of defaults or fail to show up to court when you are supposed to, it is more likely that you will be held on bail. 

Just because you have a warrant on a case doesn’t mean that the judge will automatically set bail.  As not all warrants are created equal or viewed in the same way.  There are two types of warrants on cases.  First, there are default warrants.  A default is entered when a person fails to show up to court when they have notice of court date.  When a person defaults the court will send out a default warrant. 

The second type of warrant is known as a straight warrant.  In the situation of a straight warrant, the defendant has not gotten notice of the court date.  This usually happens because the court was unable to reach the defendant with a letter regarding his or her court date.  

Most if not all judges view straight warrants in a more favorable way than default warrants.  It really makes sense if you think about the differences.  The court assumes that you didn’t know your court date when it issues a straight warrant and assumes you did get notice when it issues a default warrant. 

Essentially, the court views that it is your fault for defaulting on a case and that will increase the likelihood of bail being set.  Verses in the situation where you have a straight warrant, the court assumes you didn’t know therefore it isn’t your fault for not showing up.  In the situation of a straight warrant, the court is less likely to place a bail on you just because you have a warrant. 

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

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Don’t turn yourself in


You get a letter in the mail; it states that you won free Red Sox tickets.  The letter gives you a place, date and time to redeem your tickets.  You show up and you are arrested because of an outstanding warrant.  You learn a very important lesson, don’t turn yourself in.  If you have an active warrant, a lucky day of winning tickets can get you into handcuffs.

Law enforcement has gotten better at tracking down people with warrants over the years.  If a person has an active warrant, the police are allowed to arrest the person when the see them.  During raids, car stops and searches police will look to see if a person has an active warrant that would require the person to be arrested.

In recent years, many police stations have decided to make their lives easier by getting people with warrants to turn themselves in.  The police departments will usually come up with a fake contest telling the person with the warrant to redeem their prize at a certain location.  When the person with the warrant shows up to redeem their prize, they are taking into custody. 

It is amazing the amount of people the police end up taking into custody through these fake contests.  If you have an active warrant and get a letter in the mail about winning a contest it is important not to try to redeem the prize.  If you do follow the instructions of the contests, the only prize you’ll get is a night in a jail cell.  

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

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My girlfriend is not looking to press charges


 A person is charged with domestic assault and battery. In a domestic assault and battery, the defendant has an existing relationship with the alleged victim. Domestic assault and batteries most commonly happen between people in married or dating relationships. A person can also be charged with domestic assault and battery on their family member. Whether the assault and battery is characterized as domestic or not the maximum penalty is the same.

When most people get charged with domestic assault and battery they believe that the alleged victim is pressing the charges. As a result, they also believe that if the alleged victim isn’t pursuing the charges, the charges will be dismissed. In actuality, the charges usually came about because the police file application for criminal complaint. The clerk issued the complaint. And now the district attorney’s office is prosecuting the charges. The district attorney office is the entity that is prosecuting the charges and not the alleged victim.

Though the district attorney’s office may take the alleged victim’s wishes into consideration, the prosecution have to do what an allege victim wants. District attorneys around the country are increasing their pursuit in these types of cases. It is becoming much more difficult to resolve these cases even if the alleged victims want them dismissed.

Assault and battery charges are serious and many defendants are being wrongfully accused of these crimes. If you are charged with an assault and battery case, expect it to take at least a few cases even if the alleged victim wants the case dismissed.

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For more information regarding domestic violence and help MA laws about domestic violence

http://www.lawlib.state.ma.us/subject/about/domviolence.html

Help for domestic violence victims http://www.janedoe.org/ Executive Office for Sexual and Domestic Violence http://www.mass.gov/?pageID=eopssubtopic&L=4&sid=Eeops&L0=Home&L1=Crime+Prevention+%26+Personal+Safety&L2=Personal+Safety&L3=Sexual+and+Domestic+Violence

Resources for Domestic Violence and Abuse

http://www.mass.gov/?pageID=mg2subtopic&L=4&L0=Home&L1=Resident&L2=Family&L3=Domestic+Violence+%26+Abuse&sid=massgov2

Women’s Law

http://www.womenslaw.org/gethelp_state.php?state_code=MA

Counseling and Education to Stop Domestic Violence

http://www.emergedv.com/

Domestic Violence Unit

http://aspe.hhs.gov/hsp/cyp/dv/pt4.htm

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

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Arraignment: What is it and What Happens during it?


The arraignment is usually the first court date that people are before the court to face their charges. The arraignment is the day in which people know officially the charges that are before them. In Massachusetts, if people are being charged in court it will be by way of a criminal complaint. A complaint is an official court document that states the charges against the person.

There are two ways in which a person is brought to an arraignment. A person can be brought in custody or be summoned to court. In custody, just means that the person is brought to court in handcuffs. Conversely, when a person is summoned to court they are sent a piece of paper stating when and where he or she needs to show up at court. If a summoned person fails to show up voluntarily before the court, a warrant could be issued and that person could end up being brought in handcuffs.

At the arraignment, there are usually a lot of other cases scheduled so it can be awhile before a person’s case is called. When the case is finally called, the court will usually read the charges against the person and enter a not guilty plea. The court will then address bail and terms of release. Finally, the court will ask if the person wants to represent themselves or want an attorney to represent them.

For the most part, unless there are some issues, the arraignment happens pretty quickly. A person can try to resolve a simple case during the arraignment, but more complicated matters will usually be put on for another court date. At the arraignment, try to be patient while waiting for your case, be respectful to the judge and court personnel and try to get as much paperwork from the court and district attorney as possible.

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

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