Legal Question in Criminal Law in Massachusetts

Arrest without anyone knowing why

I work as a letter carrier for the Post Office, I completed my route one day, arrived back at the Post Office, and was arrested by the city police at my job. They had no clue why they were arresting me, I had no clue why I was being arrested. After an uncomfortable night in the slammer, I was transported to court the next day, the judge had no clue why I was arrested, the only thing they could tell me was that there was a warrant. I found out later it was for a restraining order violation from a different city, and I was accused of ''going through a mailbox'', I would guess an attempt to make trouble with my job (which backfired by the way, we all had a good laugh, it was so outrageous, the charge was dropped.) I'm still kind of po'd though. Can someone be arrested without being told why? Can a warrant be issued for such a lame reason WITHOUT anyone checking to see if there is any type of validity to the accusation? I think even the Nazis had to have more than that to pick somebody up. Were my rights violated, or is this the way it is now? Attention lawyers, I wouldn't mind filing suit against that person who signed the warrant for my arrest, and those who arrested me, if I'm within my rights to do so.


Asked on 1/22/07, 2:00 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Arrest without anyone knowing why

The police officer should have advised you that you were being arrested for a warrant. You should have been allowed to appear before a clerk for the question of bail. This is unless the warrant said your cannot be bailed.

You may have some relief against the person who filed the complaint against you for abuse of process. I guess that you can ask the police to issue a complaint against the person for filing a false police report.

If you have any more questions, or need assistance, contact me.

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Answered on 1/22/07, 2:05 pm
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Arrest without anyone knowing why

Unfortunately, justice has gone awry.

Even though there is a "space" on a warrant for it to be signed, a warrant -- according to some case law -- does NOT NOT NOT have to be signed.

Outrageous as this is, it is the truth.

I had a case recently where the warrant was NOT signed and the federal court did not care. The Boston FBI had LIED. But they got off the hook. They used the Westfall Act to do it. That means the U.S. Attorney General says essentially that the FBI did things properly. No evidence is needed to support their lie.

And the State cops (Haverhill PD) did not file an affidavit, even though they are required to do so.

Justice is NOT NOT NOT what you think it is. It is NOT what it used to be in the old days.

You'll need a damn good civil rights attorney and unfortunately there are none around. Best of luck.

Any questions, give me a call.

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Answered on 1/22/07, 2:35 pm


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