A Danvers, Massachusetts police officer was stabbed early in the morning after coming across a man who was under surveillance for outstanding warrants. The man, Roy Limbaugh is fifty eight years old and a registered sex offender. He was apprehended in Randolph, Massachusetts. Apparently, once the officer encountered Limbaugh he was stabbed repeatedly in the neck and arm. Charges will initially issue in the Salem District Court, likely for Assault and Battery by Means of a Dangerous Weapon and Assault With Intent to Murder or Kill.
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So what does it mean when someone has outstanding warrants in Massachusetts. In the context of this case it means that Limbaugh had skipped out on court obligations. Whenever someone is supposed to be in court and fails to appear he or she is defaulted. Usually the judge issues a warrant for that person’s arrest. Most of the time, even though the warrant is active the police make little effort to find and apprehend the person. If the person gets arrested for another crime or pulled over for a routine traffic stop, the warrant will surface and the individual will forcefully be brought back to the court that issued the warrant. So what happens then? At that point the defendant’s Massachusetts Criminal Defense Attorney will offer an explanation to the judge explaining the reason for the default. The default is then removed and the underlying case is rescheduled for its next event. Sometimes a higher bail is set to ensure the person’s attendance in court. Other times the same conditions of release are re-imposed, particularly if the reason for the default is understandable.
Our office gets calls from people with outstanding warrants every day. There are a couple of typical scenarios. The defendant lives out of state and is trying to get a new driver’s license. The default is recognized by the registry of the new state and they will not issue a license. Realizing the need to close out the Massachusetts we get retained. Many times these cases are old and can be resolved without the need for the defendant to come back into court. Here is another typical scenario. Someone is applying for citizenship. The warrant is recognized, usually by the immigration lawyer. We get called to vacate the warrant and resolve the underlying case. Not all warrants are the defendant’s fault. As a matter of fact a large percentage are inadvertent. When someone is called to court through a summons he is notified about his court obligation through the mail. The summons might not be received. This is the case repeatedly for local college students who move back home after the school year and the summons goes to their apartment and is never forwarded to them. These warrants surface through the job application process.
The Law Offices of Stephen Neyman is committed to defending the accused. If you have been arrested, summonsed or are in default you need a criminal lawyer. Call us at 617-263-6800 or contact us online. We want to help you defend your case and we want to start right now.