Legal Question in Criminal Law in Massachusetts
What does this mean: "WARRANT is requested because prosecutor represente that accused may not appear unless arrested" on a notice to appear for a criminal case hearing?
The accused has not been arrested, and the form clearly states that too!
2 Answers from Attorneys
this seems overkill, and should not be issued unless there is clear evidence that the person has either failed to appear or will not appear.
I am not sure exactly what you are saying. Has the person already been charged and been in court on the charge? If not, the warrant may be for his arrest to face the charges. This would be a straight warrant and his has a right to be bailed at the police station. He should turn himself in. If there are already pending charges and the defendant has previously shown up in court, it would seem strange for the prosecutor to issue a warrant.