how to deal with an arrest warrant in mass..when im in fl

What is the name of your state? commonwealth of massachusettes
my wife and i got into a heated argument the police were called and i went to jail.I got released the next day on pr. Then my wife an i reconciled. we left the state. got letter in the mail saying that there iis an arrest warrant out for me on assault and battery...how can we fix this..any and all advice would be appreciated and very helpful....this is my third arrest for cdv..my first i was found not guilty..the second i pled no contest..was sentenced to anger mannagement....please help!

I am NOT an attorney.

#1 Go back to MA and surrender.
#2 If you were released on bail wait
until the bonding company comes
after your directly or they do a
"pick up" in south FL and you are
a freebie on the way back.
#4 MA may ask for your extradition,
probably unlikely.
#5 Get tired of being detained after
field stops or traffic stops while
FL or someplace else waits for
the word that MA doesn't want
to spend the money to bring you
back.
#6 Be tired of being denied credit,
employment, insurance, the right
to have a firearm, denied security
clearances, etc, etc.

Is #1 beginning to look better? Find another & better anger management
class, the one you were attending (?) didn't seem to work.

i dont understand why a bonds mman is looking for me...i didnt need one to get out and never talked to one.....the court must have hired one to catch me huh?

I am NOT an attorney.

Writing my response I missed the part about pr. Although I did see the pr it is in my experience uncommon for someone to be released on pr for the same crime previously committed twice before without surety.

It is improbable that the court hired a bondsman or bounty hunter to find you and bring you back.

Since your received a letter MA knows where you are.

Without knowing the exact "level" by details of the assault and battery it is impossible to say if your alledged crime is a felony or a misdemeanor.

The fact that your wife and you reconciled has nothing to do with the original charges.

If you were released pr and did not come to trial then you probably are also charged with failure to appear. If the crime is a felony then you may have also gained a federal charge of UFTAP (unlawful flight to avoid prosecution).

The sooner you do something on a voluntary basis the better you look in the eyes of the court. The later or what happens by someone else's actions the worse you appear in the eyes of the court.

What are you going to do?

well i dont know wether or not i am right but...she called the police if she writes a letter or tells them she retracts her statement.....then wont that help?

she thinks since it is the commonwelth vs me then basically the bloody nose was the evidence..she says her saying that she didnt mean it or she wont press charges wont help..that the fact that our 2 yr old was awake.(when the police got there..he was not awake during the fight) then over hearing talk.when the officer asked him what happened to mommy...he said daddy bom in the face. that and the bloody nose is what she says is the evidence ..not what she told them.

i think im right

she thinks she is right

well hi this is the wife!

WELL LOOK YALL I HAVE BEEN WITH THIS "MAN" FOR NINE YRS..ALMOST A DECADE. WE HAVE 2 CHILDREN TOGETHER.
ONE IS 3 ONE IS 5 BOTH ARE BOYS. HE HAS BEEN VIOLENT EVER SINCE 1 YR AFTER WE GOT TOGETHER. WELL NOW

LET ME EXPLAIN PLEASE...I HAVE NEVER IN MY LIFE EXPERIENCED A MAN WETHER IT WAS A RELATIVE BOYFRIEND OR FRIEND...I WAS NIEVE TO THAT. ON THE CONTRARY I HAVE GOT ALONG RATHER WELL WITH EVERY MALE I CAME IN CONTACT WITH SO WHEN THE FIRST TIME HAPPENED I THOUGHT WELL OK HE JUST LOST HIS TEMPER.....IT'LL GET BETTER.AND SLOWLY BY SURELY IT KEPT HAPPENING. HE IS RIGHT ABOUT ONE THING THE KIDS HAVE NEVER SAW THE VIOLENCE. THEY HAVE THIER DADDY UP ON A PEDISTOOL. I GUESS THAT I FIGURE THAT A PARENT SHOULD DO WHATEVER IS IN THE CHILDS BEST INTEREST NO MATTER WHAT THE COST TO THE PARENT. AS LONG AS THE CHILD IS HAPPY ,HEALTHY, AND WELL TAKEN CARE OF. NOT SAYING THAT THEY ARE HAPPY WHEN WE ARGUE...BUT I HAVE GIVEN UP! NO MATTER WHAT HAPPENS ,I WILL NOT FIGHT I'M TIRED OF FIGHTING.SO THE CHILDREN ARE HAPPY WITH A DADDY THAT IN THIER EYES DOES NO WRONG AND WELL IM'M AS LOVING TO THEM AS I CAN BE. UNTIL THEY GET TO AN AGE TO UNDERSTAND. WHAT IS OR HAS BEEN GOING ON AND UDERSTAND THAT WE BOTH LOVE THEM VERY MUCH.( BUT NO MATTER HOW MUCH LOVE TWO PEOPLE HAVE FOR EACH OTHER,IF THEY CANT GET ALONG THEN IT NWON'T WORK)THEN I CAN START TO LIVE AGAIN. WE DONT FIGHT ANYMORE I NO LONGER HAVE AN OPINION THAT IS MY OWN. BUT I HAVE ABOUT A DECADE MORE LEFT THEN I WILL BE OK

SORRY I THINK I GOT EMOTIONAL. HE JUST SHOWED ME HIS POSTS AND THIS SITE. I TOLD HIM THIS AND I WILL TELL YOU..PART OF ME HOPES VERRY MUCH THAT HE GETS CAUGHT

I DUNNO.. I JUST WANTED TO SPEAK MY PEACE

I am NOT an attorney.

Chapter 265 Section 13a of the MA code states as relates to punishment for assault and battery: up to 2 1/2 years imprisonment and up to $500 fine.

Chapter 276 Section 82A states as relates to punishment for failure to appear: up to 5 years imprisonment and up to $50,000 fine.

Chapter 276 Section 82A states that the FTA penalty is to run consecutively with the penalty for whatever crime was committed.

So you are looking at a max of 71/2 years and fines of up to $50,500.

You have a temper and a wife that says " part of me hopes very much that he gets caught".

Did your wife sign anything the night you went to jail? If she did then she is most likely the complaintant. If she did not then it is most likely the police were the complaintants.

In most jurisdictions now if there is any evidence of physical violence, and yes a bloody nose qualifies, then the other party goes to jail, it doesn't matter if the person with the injuries wants the other party to go or not, they go. It is also becoming the practice in most jurisdictions that the police are the complaintants. Police are tired of being the referees in marital disputes, over and over, just to have the person who called for the help have them change their mind the next morning. Most of all the police don't like to work homicides at the same house they've been called to 5-10 times before for domestic violence when it could have been avoided.

So I would like to add one more point to my responses to your question "how can we fix this":

#7 Wait until someone calls 911 again and your wife turns you in for the MA bit. More likely the NCIC check will reveal you. And someone will call.

So if you want to know what FL thinks about domestic violence go to the top of this page and click on State Resources, hit FL on the map, and run a search on domestic violence or assault and battery. When FL is done, you will be returned to MA.

[stephenk]

I hope he doesnt punch you out for speaking your piece.

Mikey, you are wrong. The evidence is the bloody nose, your two year old saying you hit mommy and the police call to your house.

She can recant her statement that you hit her and claim she ran into the door. It wont make any difference regarding prosecution of the case. See, you are a two time loser/wife beater. Any prosecutor would love to take your case to trial.

im not going to punch her out for speaking her mind

she just sees things differently than i do. the way she tells it i am the worst human being on the face of the planet.

so i did look up the charges as suggested.....this is a misdemeinor(?) is it not?

I am NOT an attorney.

Both of the crimes, assault and battery and failure to appear are both felonies in the state of MA.

A person who has 3 times resorted to physical violence with their partner is not likely to change without some outside action.

Maybe you have an especially bad temper, or a mild one who knows. Maybe she has learned how to push your buttons, again who knows. The fact is you are a convicted batterer and the chance this will occur again in the future is almost certain.

Responders have pointed out that you will eventually have to deal with the warrants, the choice on how to possibly lessen the impact of that is on you right now. Later on it will not be as pleasant.

even something as simple as giving a bloody nose to a person is a felony?**************.is it because mass is a new england state....

could you please give me the statutes or the web address that i could see that info for myself?**************where i can find it at?


but if she comes with me to surrender..and tell the court that...well she ran into the door or something and she only called the police cause she was mad at me...wont that help me out?

and ohh.....the letter came to me out of state via change of address from the post office.

I am NOT an attorney.

#1 Your original post said the warrant was for assault and battery. An assault
can occur just simply by the mere touching of another person against their wishes. The battery occurs when you use force to the extent you cause visible injury to another party, like the bloody nose. There are further types of like crimes which depending on where you are and what you do determines the crime charges. Like mayhem is a particular type of assault and battery where the injuries make the other party less able to defend themselves, like breaking out their front teeth (can't bite as good), blinding in one eye or both (can't see as well), cutting off an arm, etc. Aggravated assault and battery is the severity is between the crime of assault and battery and mayhem, for example you break a persons leg(s) with a baseball bat. Normally ag battery requires use of a weapon but not always.

Assault and battery is a felony in the state of MA. Most, if not all states, classify assault and battery as a felony. The region (" is it because mass is a new england state") has nothing to do with it. IMO, the laws of New England and the "north" in general are less severe than those of the "south" if that is what you were trying to imply. When you get thru looking up the MA sttutes, try the same with FL (which will be most applicable to you for future reference) and check out some other states as well.

#2 As for the statutes, from my earlier response;

Chapter 265 Section 13a of the MA code states as relates to punishment for assault and battery: up to 2 1/2 years imprisonment and up to $500 fine.

Chapter 276 Section 82A states as relates to punishment for failure to appear: up to 5 years imprisonment and up to $50,000 fine.

To find these on your own go to the top of the page where is says State Resources, click on your state, you will be taken to your states page, follow the general categories and prompts and input the references above or scroll down to the appropriate chapter.


#3 Re read my previous responses and the responses of others. It does not matter if your wife recants or not.
Plus you are putting your wife in jeopardy for perjury to save yourself?
Or on the other hand, reread her post. What happens if she shows up with you in court and she takes the opportunity to expand on the incident, not lessen the battering? Remember she half wants you to get caught and I would expect fully wants the violence to stop.

#4 The letter. If the letter was forwarded to you then the police allready have or can easily acquire your new address. Did the envelope have anything like "Return Address Requested" or "Address Change Requested" anywhere on the face.
If so, when the post office forwarded the letter to you they also transmitted a form back to the sender giving your new address. If not, then the police only have to show up at the po and request your new address. Whether or not the MA authorities come after you depends pretty much on how much they have "to do" in the real world of things. The other opportunities that can trip you up have allready been posted.

hello all

ok i dont know if the other post went through

Well so far he isn't mad about what I said. but these are the (or rather this is the charge)..he was talking about wether this was a felony. well this is what it says:
1.265/13A/B - A&B c265 ss 134(a)
the two ses I couldn't fint a symbol for I assume it means sub section. I dunno.....wich I believe you quoted that already or rather dictated what the law said. please tell me where i stand as far as being the wife ...because the bailbondsman (that he never needed or contacted) is now looking to speak to me. Isay I dont have nothing to hide so I don't care if I talk to him or not. Ipretty much know that he prob. wants to know where my husband is.

I'm either to the point that I will turn him in (wich you said that if they dont extradite him then he will be out in days)..or let someone else....I have two small boys and believe it or not a life of my own(for what it is)I think I should move on...Dont worry I have told him how I feel..so when he reads this it won't be a surprise.

I am NOT an attorney.

Your husband said he was release on pr, meaning personal recognizance. As such
he would not have needed a bondsman, he would have just signed that he would return for trial.

If a bondsman is asking for him, then he was skipped bail.

If you want him gone, telling the bondsman where your husband can be located is the best choice. Extradition doesn't enter into it, the bondsman just takes him back. The bondsman will find him with or without your help.

You stand where you want to stand on this. You have your 2 kids and yourself on one side and your husband on the other. You have to do what you feel is best for you.

The § is made by holding down the Alt key and at the same time typing in 21 on the numeric keypad on the right side of the keyboard (not the 21 keys on the lower case key of @ and !).