Massachusetts active warrants are issued on the basis of probable cause. In fact, even when arrests are made without warrants, the police have to send case related information to the judiciary, so that the magistrate may decide if the law enforcement agency has enough proof to hold the accused guilty of a criminal act and hence commit him to custodial detention.
Arrest warrants are issued by magistrates of district courts within the commonwealth; however their execution is left to the police. In order to place the request for an active warrant, representatives of the sheriff’s department have to approach the court with an affidavit that offers an explanation of the crime that has occurred and the evidence which points to the role of the accused in it.
The release and execution of MA active warrants
Rule 6-a of the criminal code of MA states that a district tribunal can issue an arrest warrant against any accused who has significant reasonable cause linking him to a criminal transgression except for juveniles who are less than 12 years of age. These directives can also be issued once a grand jury returns an indictment upholding the veracity of the evidence against the accused.
It is also mentioned that the decision to issue an arrest warrant will usually be taken upon the representation of the prosecutor proving to the magistrate that the defendant will not appear in court unless detained by the police. Active warrants are also released when a criminal summons is disobeyed.
MA outstanding warrants are free from restrictions of time or geography; straight warrants which are directives for arrests issued in response to a criminal infraction are valid perpetually. So, they can even be used years after their actual issue to apprehend the accused. Also, these decrees can be served in any part of the country and the commonwealth.
The form of arrest warrants from MA
Arrest warrants are to have the name of the issuing authority clearly stated on them along with the date and the place in which the order was released. These directives are only considered to be in effect if they bear the signature of the magistrate who has sanctioned the order. The name of the defendant will also be clearly given on the warrant.
If this is unavailable, aliases or any name or description can be mentioned which can be used to identify the suspect with reasonable certainty. The warrant shall also have a clear recitation of the offense that the suspect is being accused of. Furthermore, the directive will have a pertinently stated command that authorizes police officers to detain the defendant on sight.
Where can you find information on arrest records and outstanding warrants from MA?
There are two ways to find details on MA outstanding warrants; you can approach the Executive Office of Public Safety and Security and use their CORI background report system to access information on MA arrest warrants and records. To avail their online service, go to http://icori.chs.state.ma.us/.
Alternatively, you can use the most wanted list posted on the sheriffs’ websites to find information on the more dangerous criminals in your area. However, not all offenders are included in this list and you will only find details on warrants and charges under which the detention is sought through these web pages. No mention of arrest records can be found in such lists.
- State’s most wanted: http://www.massmostwanted.org/index.cfm?ac=cases
- DOC: http://www.mass.gov/eopss/law-enforce-and-cj/prisons/doc-most-wanted/
- State Police: http://www.mass.gov/eopss/law-enforce-and-cj/law-enforce/missing-and-wanted/most-wanted.html
- Orleans Town, Barnstable County: http://orleansma.virtualtownhall.net/Pages/OrleansMA_Police/wanted/index
- Norton Town, Bristol County: http://www.nortonma.org/Pages/NortonMA_Police/wanted
- Swansea Town, Bristol County: http://www.town.swansea.ma.us/swansea-police-department
- City of Fall River: http://www.frpd.org/topten_fugitives.html
- Hampden County: http://www.hcsdmass.org/mostwanted.htm
- Middlesex County: https://www.middlesexsheriff.org/