Legal Question in Criminal Law in Massachusetts
Hello.
I am not sure but I might have an old, forgotten warrant
on a probation case. I have not used drugs for years.
As I recall, though, here is what might be the problem...
I was placed on probation (this is 4-5 years ago, I think). This
was in Lowell, MA. But at the time, I was living and working in
Cambridge taking care of a severely autistic man and his elderly
mother. I worked from 7am to 7pm, exhausting job and I explained
to the Probation Officer in Lowell that it was impossible for me to
get in to Lowell for reporting in. He was understanding enough to
say he would have my probation transferred to the Cambridge system.
This took a while to arrange (paperwork, etc.) and by the time it
had been arranged, I had lost my job in Cambridge and had to
come back here to Lowell. I recall I told him this but he seemed
to think it was all one, big nuisance or that I was playing games
(which I wasn't). I honestly forgot about the whole thing in my
panic and rush to find a new job, etc.
I also think the police wonder why I have two addresses
but one is the old family homestead which I use as my mailing
address because at my other address, (a really rundown, awful
rooming house), mail is left for tenants on a table in plain sight
out in the hall. So..........because of the type of people who
live there........lots of theft!
I see a mental health counselor once a week and a
nurse-prescriber for medication for depression, anxiety
and panic attacks.
Sometimes, on paper, I feel it might look like I am
a reprobate but I just very foolishly let a friend get me
hooked on drugs. It is not in my character or personality
to have done such a thing. I hold a B.A. (magna cum
laude) in Education, taught French and Latin for years,
worked in college and public libraries, I was halfway
through completing my Master's degree when all this
awful stuff happened to me. I am also a published
writer, have worked over the years with special needs
individuals and groups and lead a quiet life of reading,
watching movies, taking long walks and hikes.
How should I proceed to clear up these matters?
Do I have to turn myself in? If I do, will I be put in
jail? My sister is very sick. We are the only family
each other has. Her partner of 30 years just left her
to live in Florida and of course she is upset and
will be lost and alone without support if I have to
go to jail. Please, can someone help me?
1 Answer from Attorneys
The first thing you have to do is turn yourself in or "surrender" yourself on the warrant. Assuming that the court does not ask for bail, they will then set a pre-trial conference date, or in your case, a Violation of Probation (VOP) date, for you to return to have a hearing on your probation violation. The court will determine if you violated your probation and what punishment they are to impose. If you can afford it you should definately hire an attorney. The court will be far more inclined to take you serious about wanting to clean up your charge with evidence of a private attorney there to represent you. People do not hire attorneys and then run. The attorney should also be able to negotiate a far better disposition for you than you would get on your own. The other advantage of hiring an attorney is that if you retain the lawyer before you come up here, he/she may be able to negotiate a disposition before you even get here. In that case the disposition would be handled the day that you appear, taking the whole issue of bail off the table and providing you with a fairly reliable preview of what the court will impose for punishement.
We handle these cases for people from all over the country regularly. Many times, if the charges are minor, we can negotiate some dispositions without the client returning to Massachusetts at all.
If you can not afford a private attorney, you will have to appear and ask the court to appoint an attorney for you. If you qualify, they will do so and he or she can represent your interests to the court.
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