Posted by Cape Cod Daily News via Hyannis News
Saturday September 28, 2024 (2 weeks, 2 days ago)


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HYANNIS, MASSACHUSETTS – [HN VIDEO NOTES & A MULLING, OR TWO…] –  At around 1:45 a.m. this morning, HN had been driving toward the Mid-Cape Highway for a vehicle that had failed to stop for Bourne Police. State police were also en route when the vehicle finally pulled over and stopped near Exit 59 eastbound in Sandwich. The vehicle initially did not pull over because it was on its way to Cape Cod Hospital with a sick passenger. From the sound of radio transmissions, the driver must have explained themselves well and finally cooperated, as the vehicle was allowed to continue on to the hospital. HN was in the process of spinning around and heading back toward Hyannis when a Barnstable Police patrolman radioed that he was on a traffic stop near what turned out to be the intersection of High School Road and Stevens Street. He then requested another unit for backup. Minutes later, Barnstable Police dispatch confirmed that the adult female driver was wanted on a default warrant. The default warrant was issued out of Brockton Courts for the arrest of Robin Phillips, age 33, for the initial charges of Uttering a False Document and Identity Fraud, according to radio transmissions. Both are serious felonies. Default warrants are issued when someone allegedly did not report to court on the date they were supposed to. A default warrant is ordered by the judge and requires the person to be arrested when and if the police are able to come into contact with them. The following is part of the Massachusetts General Law regarding default warrants (Chapter 276 Section 29): “A person arrested on a default warrant for a felony or a misdemeanor punishable by imprisonment for more than one hundred days may be released on bail or recognizance only by a justice of the court having jurisdiction over the place where the person was arrested or is being held, or by a justice of the court that issued the warrant. No person authorized to admit to bail, including but not limited to judges or court personnel, and no sheriff or police officer shall release a person from custody before he determines by checking the warrant management system whether any warrant is outstanding in the commonwealth against said person; provided, however, that no person authorized to admit to bail, including but not limited to judges or court personnel, and no sheriff or police officer, who in the performance of his duties acts in good faith, shall be liable in any criminal prosecution or civil action where a person is released from custody before determining by checking the warrant management system whether a warrant is outstanding against said person in the commonwealth. If a warrant is outstanding for a felony charge, or a misdemeanor punishable by imprisonment for more than one hundred days, the person being held shall be brought before the court having jurisdiction over the place where the person is held, or to the court that issued the warrant, and a justice, clerk or assistant clerk of said court shall make a determination of bail as provided in the first and second paragraphs of this section. If a warrant is outstanding for a misdemeanor punishable by imprisonment for one hundred days or less, the person may be released on bail or recognizance by a person authorized to admit to bail. Such person authorized to admit to bail shall, without unnecessary delay, provide the clerk of the court that issued the warrant with notice of the fact that the person was admitted to bail. If the person held on such misdemeanor warrant is not released, the person shall be brought before the next session of the court having jurisdiction over the place where the person is held, or to the court that issued the warrant, and such court shall make a determination of bail as provided in the first and second paragraphs of this section.” In other words  –  and to make a long story short  –  if you are arrested on a default warrant on a Friday overnight, you are most likely going to sit in jail for the entire weekend until a police officer or sheriff can bring you to the court that has jurisdiction over the warrant (in this case Brockton Courts)… and you will remain in custody until whenever the court reopens for business… typically on a Monday… or it might be a Tuesday, if it’s a holiday weekend, for example.  While sitting in jail over the weekend, officers will occasionally buy you a hamburger from a local fast-food restaurant, like Wendy’s… … you don’t get customize your order… and generally have to take whatever they give you (at least that was the way it was when I worked for “the fuzz” in the 1980s). Anyway, when I rolled up on this morning’s traffic stop, the driver had her window rolled up, with a number of cops standing around looking at her through the glass. It appeared to be some sort of standoff, so HN pulled over and began documenting the scene on video. Speaking only through her rolled up window, the driver was apparently refusing orders to get out of her vehicle. She had been told she was under arrest and wasn’t budging. It’s uncertain how long the standoff had been going on, but the following HN Video highlights parts of it. The good news is that officers did not have to smash the woman’s car window because she finally made the sane decision to step out, while taking a final drag on her cigarette, but ultimately surrendering peacefully. It’s unknown what all the initial drama was about. Also, about halfway through the standoff, she recognized HN and tried to get police officers to tell me to leave. That, of course, did not work out… and it’s still very baffling as to why she was giving everyone such a hard time in the first place… (we were all simply just trying to do our jobs…) but I will say, I’m glad she finally came to her senses… … and I sincerely hope she at least gets American cheese and maybe some fresh pickles on her next hamburger. [HN VIDEO – PRESS PLAY] P.S. – Today’s Hytown Vignette is a brought to you by Dr. Lonnie Smith (Featuring vocal by Iggy Pop)…  [CLICK IT/CRANK IT! HEADPHONES ABSOLUTELY OBLIGATORY!]   * The initial details contained in the above report are based on police radio transmissions and information on scene. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Full Story at Hyannis News

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