Types of Warrants in Massachusetts: Arrest, Bench, and Search Warrants Explained
If you’ve just learned there’s a warrant out for you, or police have shown up at your door, don’t panic. Call an attorney right now at 978-718-4454.
The type of warrant you’re facing determines what happens next. This guide explains straight warrants, default warrants, capias orders, and search warrants — what your rights are and what to do immediately.
Key Information: What You Need to Know
What to Do Right Now: Do not ignore a warrant. Contact an experienced criminal defense attorney immediately. Your attorney can sometimes arrange a voluntary surrender that avoids a surprise arrest and leads to better outcomes.
Three Types of Warrants: Massachusetts courts issue straight warrants(authorizing police to arrest you for a suspected crime), default warrants(issued when you fail to appear in court or violate a court order), and search warrants (authorizing police to search specific locations for evidence).
Warrants Don’t Expire: Outstanding straight warrants and default warrants remain active indefinitely in the Massachusetts Warrant Management System until resolved. Only search warrants have a time limit — they must be executed within seven days.
Your Rights Still Apply: Every warrant must meet constitutional requirements under the Fourth Amendment and Article 14 of the Massachusetts Declaration of Rights. Defective warrants can be challenged, and evidence obtained through invalid warrants may be suppressed.
What Is an Arrest Warrant (Straight Warrant) in Massachusetts?
An arrest warrant — known in Massachusetts as a straight warrant — is a court order directing law enforcement to take a specific person into custody. A judge or clerk magistrate issues a straight warrant when there is probable cause to believe someone has committed a crime.
There are two main ways these warrants are issued. A police officer can present a sworn affidavit to a judge or clerk magistrate describing the alleged crime and the evidence supporting probable cause. If the judge finds the evidence sufficient, the court issues the warrant.
For serious felonies, a grand jury may return an indictment, and an arrest warrant is then issued based on that indictment.
Under Massachusetts law (G.L. c. 276, §23A), all warrants must be entered into the Warrant Management System. This system is accessible to law enforcement agencies and the Registry of Motor Vehicles statewide.
This means an outstanding warrant can surface during a routine traffic stop, a license renewal, or any encounter with police anywhere in the state.
A valid arrest warrant must include the defendant’s name or description, the offense charged, the date of issuance, the issuing judge’s signature, and the issuing court. If any element is missing, your attorney may be able to challenge the warrant’s validity.
What Happens When There’s a Straight Warrant for Your Arrest?
If an active straight warrant exists, police may actively seek you out. They can take you into custody at home, at work, or during a traffic stop.
Under Payton v. New York, police generally need an arrest warrant to enter your home. But once they have one, your home is no longer a safe haven.
After arrest, you will typically be held until your arraignment, which usually takes place on the next court business day. The sooner you have an attorney involved, the better positioned you are for that first court appearance.
What Is a Default Warrant (Bench Warrant) in Massachusetts?
A default warrant — also called a bench warrant because it is issued directly by a judge from the “bench” — is the most common type of outstanding warrant in Massachusetts. Unlike a straight warrant, a default warrant is not based on new criminal allegations. Instead, it’s a response to a failure to comply with existing court requirements.
The most common reasons Massachusetts courts issue default warrants include failing to appear for a scheduled court date, violating probation conditions, failing to pay court-ordered fines or restitution, and ignoring a court summons or subpoena.
Important: Under G.L. c. 276, §23A, the court must notify you within 30 days of issuing a default warrant. However, if you’ve moved and the court doesn’t have your current address, you may not receive notice.
The warrant remains active regardless of whether you were notified.
When a default warrant is issued, the police generally do not seek you out. People often learn of a default warrant only during a traffic stop, or when they go to renew a license. However, if the police learn of a default warrant during an interaction with you, they will take you into custody and you will be transported, eventually, to the court that issued the warrant. Sometimes that can take a number of days, depending where the court is located and where you were arrested.
What Are the Consequences of an Outstanding Default Warrant?
An unresolved default warrant creates problems that compound over time. You can be arrested without warning and held until a judge is available.
The RMV cross-references the Warrant Management System, which means your driver’s license may be suspended automatically. You won’t be able to renew your license or registration until the warrant is cleared. If you hold an out-of-state license, Massachusetts can flag your record through the Interstate Compact, preventing renewal in your home state.
Under G.L. c.276, §23B, licensing authorities cross-reference their records with the Warrant Management System annually. An outstanding warrant can result in suspension of professional licenses, certificates, or permits. Certain government benefits may also be withheld.
The good news is that default warrants are often resolvable. An experienced defense attorney can arrange to have the warrant recalled, negotiate a voluntary surrender, or prepare a compelling explanation for the court.
Courts respond much more favorably when you take proactive steps rather than waiting to be arrested.
What Is a Capias in Massachusetts?
A capias is a civil arrest warrant issued when a defendant fails to appear in court or disobeys a court order in a civil matter — most commonly in debt collection cases. While criminal warrants are issued by criminal court judges, a capias is issued by a civil court judge.
A capias authorizes constables or sheriffs to arrest the individual and bring them directly before the court. If you are taken into custody on a capias, you are generally held until you appear before the judge who issued it.
Because a capias involves civil proceedings, the process for resolving it differs from criminal warrants. An attorney can help you address the underlying civil matter and petition the court to recall the capias, often without the need for arrest.
What Is a Search Warrant?
A search warrant authorizes law enforcement to search a specific location and seize particular items as evidence of a crime. Both the Fourth Amendment and Article14 of the Massachusetts Declaration of Rights impose strict requirements on how search warrants are obtained and executed.
For a search warrant to be valid in Massachusetts, it must be supported by probable cause, based on a sworn affidavit, specific about the place to be searched, specific about the items to be seized, issued by a neutral magistrate, and executed within seven days of issuance.
What Can Police Do With a Search Warrant — and What Can’t They Do?
Police operating under a valid search warrant can search the specific location named, seize items described in the warrant, seize other evidence of criminal activity discovered in plain view, and detain people present at the scene. They may also use reasonable force to execute the warrant.
However, police cannot search locations not specified, seize items not listed unless in plain view, or conduct the search after the warrant expires. They also cannot use excessive force.
In Massachusetts, nighttime searches (between 10 p.m. and 6 a.m.) require additional justification, such as a showing that evidence may be destroyed if delayed.
If police exceeded the scope of the warrant during a search of your property, your attorney can file a motion to suppress the illegally obtained evidence. Successful suppression motions can significantly weaken the prosecution’s case or result in dismissal of charges entirely.
What Are Your Rights And What Should You Do When Police Have a Warrant?
During an arrest: Remain calm and do not physically resist —resisting can result in additional criminal charges. You may ask to see the warrant. Exercise your right to remain silent, and request an attorney before answering any questions.
During a search: Ask to see the warrant and review what locations and items it covers. You may observe the search but should not interfere. Do not consent to searches of areas not covered by the warrant. If police ask you if they can search somewhere, the correct answer is, always, "No".
Note what items police seize — you should receive an inventory receipt. Do not answer any questions, and contact a criminal defense attorney as soon as possible.
How Should You Handle an Outstanding Warrant?
If you discover there’s an active warrant for your arrest, the worst thing you can do is ignore it. Outstanding warrants remain in the Warrant Management System indefinitely, and every encounter with law enforcement puts you at risk.
The best approach is voluntary surrender with an attorney. Your attorney can often arrange a controlled surrender that avoids a public arrest at work or home.
In many cases, release can be arranged or bail can be set in advance so you spend minimal time in custody. Courts view voluntary surrender favorably. It demonstrates respect for the legal process.
Waiting to be arrested means losing control. You could be taken into custody at the worst possible moment, spend more time in jail awaiting a bail hearing, and face a judge who views your delay negatively.
Can Warrants Be Challenged in Court?
Yes, and a defense attorney should always evaluate whether a warrant was properly issued and executed. There are several grounds for challenging warrants in Massachusetts.
Lack of probable cause: If the warrant was not supported by sufficient evidence, any resulting arrest or search may be deemed invalid. Your attorney can examine the underlying affidavit to assess whether probable cause actually existed.
"Particularity" problems: Search warrants must describe the place to be searched and the items to be seized with specificity. Overly broad or vague warrants violate constitutional requirements.
"Staleness": Probable cause can become “stale” if too much time passes between the supporting evidence and execution. Massachusetts courts evaluate staleness on a case-by-case basis.
False statements: If the sworn affidavit contains materially false statements, the warrant may be invalidated under the Franks v. Delaware doctrine.
Execution problems: Violations during execution — such as searching beyond the warrant’s scope, failing to provide an inventory of seized items, or conducting an unauthorized nighttime search — can make evidence inadmissible.
Successfully challenging a warrant can result in suppression of key evidence, reduction or dismissal of charges, or other outcomes that significantly strengthen your defense.
Frequently Asked Questions
Q: What should I do right now if I have an outstanding warrant?
A: Contact a criminal defense attorney immediately. Do not try to handle it on your own, and do not ignore it. An attorney can determine what type of warrant you’re facing, arrange a voluntary surrender if appropriate, and prepare your case before you appear in court. Call 978-718-4454 for a free consultation.
Q: How do I find out if there’s a warrant for me in Massachusetts?
A: The safest approach is to have an attorney check for you. An attorney can search court records and the Warrant Management System without triggering your arrest. Checking directly with police departments is possible but risks immediate arrest if a warrant is active.
Q: Do warrants expire in Massachusetts?
A: Straight warrants and default warrants do not expire — they remain active indefinitely until resolved. Search warrants are different: they must be executed within seven days of issuance or they become invalid.
Q: Can police enter my home without a warrant?
A: Generally, no. Police need an arrest warrant to enter your home for a non-emergency arrest. Exceptions include consent, hot pursuit of a fleeing suspect, and emergency circumstances. If police knock and ask to enter, you have the right to decline and ask whether they have a warrant.
Q: What should I do if police show up with a search warrant?
A: Do not physically resist or obstruct the search. Ask to see the warrant and note what it covers. Observe silently, do not answer questions, and do not consent to searches of areas not specified. Contact an attorney immediately — your attorney can challenge the warrant or its scope later in court.
Contact Ernest Stone Today
If you have an outstanding warrant or believe your rights were violated during an arrest or search, don’t wait — the decisions you make in the next few hours matter. An experienced defense attorney can help you take control of the situation and protect your future.
Call 978-718-4454 for a free consultation with an experienced Massachusetts criminal defense attorney who will fight for your rights and protect your future.
We represent good people who had a really bad day.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA01915
Phone: (978)969-2890
Email:es@herneststone.com
We’ll Get You Through the Storm
Criminal charges can feel overwhelming, but you don’t have to face them alone. With 30years of experience defending clients throughout Massachusetts, we know how to navigate the system and protect your rights. Every case is different, and we’ll develop a defense strategy tailored specifically to your situation.
Don’t wait. Call 978-718-4454 today.
