The short answer is that likely a warrant has been issued for your arrest.  That may, however, sound scarier than it is.  Usually, your mistake is correctable if handled correctly and thoroughly.   There are many factors which will ultimately determine what consequence, if any, there will be for you missing your court date.  Ultimately, a District Attorney and/or Judge will consider an unlimited amount of factors when deciding upon how to handle your missed court date.  Factors include but are not limited to: the reason(s) why you missed the court date and proof t ..read more

What is an arraignment?  An arraignment is usually how a criminal case commences against you.  There are exceptions to this general rule, which I shall talk about later.  At an arraignment, typically a plea of NOT GUILTY is entered against you and a Pre-Trial Conference date set.  Arraignments can be as uneventful as that or incredibly impactful and quite eventful. The more eventful and impactful arraignments involve setting bail and even potentially holding you in jail during some of the pendency of the case.  It could also involve you being ordered away from a person ..read more

Three decades after the death of a 17-year-old Malden girl, a Middlesex jury found a Georgia man guilty of her murder. Rodney Daniels, 50, was convicted of first-degree murder this month for shooting Patricia Moreno on the fire escape of her apartment on July 20, 1991. Moreno had been staying at the home with her foster mother, the woman’s two teenage daughters, and Daniels, who was the older daughter’s boyfriend. Daniels admitted being home at the time of the killing, according to a press release by the Middlesex District Attorney, but said he had been sleeping. No weapon or cartridge casing ..read more

What Constitutes Disorderly Conduct in Massachusetts? Over 2,000 people a year find themselves under arrest for disorderly conduct in Massachusetts. But what exactly is disorderly conduct? Often used as a catch-all offense when someone acts in a way that is likely to upset others, disorderly conduct actually applies to a range of activities. So if you engage in any number of behaviors that annoy the public at large, you may face a charge of disorderly conduct in Massachusetts. While each state has its own laws about what constitutes disorderly conduct, Massachusetts defines it as “behavior tha ..read more

We often get the question here at Altman and Altman LLP, if I have lost my Massachusetts drivers license due to a criminal or motor vehicle infraction, am I eligible to apply for a hardship license? In general (though with some exceptions) the answer is yes. There are two instances where the hardship license is unlikely to be granted are as follows:  If someone is serving a license suspension for refusing a breathalyzer test it is an uphill battle and very unlikely, In addition if someone had their license suspended for negligent or reckless homicide the answer is generally not likely as ..read more

What is a show cause hearing? A show cause hearing is held before a Massachusetts district court magistrate to establish whether or not there is probable cause that you committed the crime you are accused of. In other words, the prosecution must demonstrate that the evidence shows reasonable grounds for you to be charged with the crime. It is generally available to you if you are accused of committing a misdemeanor crime that you were not arrested for. You may request one within four days of receiving a motor vehicle citation that details misdemeanor charges. At this hearing you, the accused ..read more

Foreign extradition is the process by which a criminal found within the United States, is handed over to another country for the sake of criminal proceedings in that country. This process is regulated by treaty and is handled by the federal government. The United States has agreements with over 100 countries. Often these treaties cover all acts that are considered crimes in both countries; however, some only apply to specific crimes. There are times when extradition is allowed without the presence of a treaty, but this will often only occur if the country offers reciprocity. In other words, th ..read more

What is an open warrant? Open warrants give police officers the authority to arrest a specific individual. Somebody with an open warrant against them may be pulled over. When officers pull you over, they run your name through their system. If there are any open warrants against you, you will likely be arrested on the spot. Open warrants are issued for many reasons. There are two types, default warrants and straight warrants. Default Warrants ..read more

Who is a clerk’s hearing available to? A Clerk’s Magistrate Hearing, also known as a Show Cause Hearing, is an incredible opportunity for you to prevent a criminal case from appearing on your criminal record (CORI). You will receive a notice to appear for a clerk’s hearing if you were not arrested and brought in for arraignment. This is common for misdemeanor charges and for felonies for which the officer chooses not to arrest you on-site, or for crimes in which an officer was not actually present. The most common clerk’s hearing occurs in response to a Motor Vehicle Citation, or speeding tick ..read more

Criminal records have a way of following people, making it more difficult to secure employment or many other public benefits such as public housing. The fact is: most employers do not hire people with criminal records. Parents may face issues participating in parental involvement at their children’s schools as a result of an unsealed record. Sealing your criminal record essentially makes it less accessible. Most employers and landlords will not be able to access it when the do a run-of-the-mill CORI check. You can legally tell employers that you have no record. You can get your record sealed e ..read more