Legal Question in DUI Law in Massachusetts

Old Bench Warrant

I was arrested in Massachusetts circa 1998 for a DUI and was never formally booked ie: no fingerprinting or photo taken. I was released on a $15 bail and failed to appear the next morning for court. Subsequently, a warrant has been issued for my arrest. I currently live in Florida and was told that in order to clear the warrant, I would have to travel back too massachusetts and appear at the court that issued the warrant. Is there another way to go about remedying this situation? This warrant is the only thing currently holding up my getting my drivers license back, as I have cleared up everything else (other states) with attended classes and paid fines..


Asked on 10/30/06, 5:23 pm

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Semi-Old Bench Warrant

You are stuck.

There is no other way. In the age of computers, your trail cannot completely vanish.

You must come up here to clear up this matter. You may be able to do this in one visit, or it may require more, depending on the facts, your prior record, the DA, and the ability to retrieve your records.

Moreover, because of the 8 year default, the DA may ask for bail. You should be ready for all of the foregoing. I would suggest that you retain an attorney, who can advocate in your behalf and check with the court, and the DA before you get up here.

There is also a question if this is a case to which you should plead or take to trial. This remains unanswered.

You can contact me, and discuss this matter. I can represent you in this case.

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Answered on 10/30/06, 5:37 pm
Martha Kovner Law Offices of Martha J. Kovner

Re: Old Bench Warrant

You need to return to MA to deal with the warrant. The court will not clear it up without your appearance. There is always the chance that if and when you return the Commonwealth could seek cash bail so I would advise speaking with a MA attorney who can go to court with you, if you decide to come here and clear it up. Hope that this helps--please feel free to contact me further. Martha Kovner

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Answered on 10/31/06, 9:49 pm


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