Capias And Widespread Cases When Constables Apply It Effectively
The police have a scary way of ushering an individual into the criminal justice system: "You are under arrest!" Because of the shock of these words you understand that you better go with their guidelines or you may experience the sting of the taser, the bite of the law enforcement dog or the might of the night stick. Terror, madness and confusion fill the moment. You are on your way to the gaol, the primary appearance investigation, the bondsman's interview, the lawyer's office, the trial court proceedings and the jury trial. You are currently inside the arrest justice system until the entire process is finished.
Mass constables can give explanation that an arrest could be based on a capias. But this comprises barely a small proportion of arrest cases. A warrant (or capias) is a document given by the trial court. It is a command that the police takes you into arrest straight away wherever they may find you. Since these formerly issued court orders were established upon circumstances that you recognized were in the works (like violations of probation, failure to show up for a court hearing, and so on), they shouldn't be a total surprise. You might blow a stop sign and get pulled over. The police run your driver's license and a capias occurs on the screen. In a very brief time you will be under arrest.
You can be arrested without a capias by Massachusetts constables. The immense majority of arrests are made by police officials and constables working without a capias if you violate the law. Never attempt to fight the law enforcement. You will receive additional charges. Don't try running away. You will get more charges and rough treatment. This is not a battle between you and the law enforcement. This is the law enforcement doing what the government has employed them to perform. They are under a duty and they will not back off.
Go along appropriately. This will aid you now and in a while it may support your case. As in all of life, humility conquers arrogance. Don't make an attempt to talk your way out of it. You should barely tell the law enforcement your name, age, address, and other private basic information. If you don't give them this identifying information you could get a further charge known as resisting an police officer. But that is where you have to stop speaking.
Do not talk about the facts or state of affairs of the case to any person. Tell the officers that you refuse to talk until you have an attorney. That is a key phrase in the law. Under the 5th Amendment to the U.S. Constitution you have equally the right to silence and the privilege to counsel. If you begin speaking about anything at all, the trial court may decide that you waived your right to silence. Merely you can waive your rights, so don't speak. Turn to the positive Constable service.
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