NYC Arrest Bench Warrant Lawyers
When you miss a court date, it is likely that a bench warrant will be issued for you. A bench warrant is basically an order by the court that allows an officer to arrest you. Upon arrest, you will be held in jurisdiction’s jail until your next court date. The best way to avoid a bench warrant is to go to your original court date. However, life happens, and sometimes attending a court date is just not possible. In such a scenario, you’ll need to get the warrant vacated to avoid an arrest. The most convenient and efficient way of doing so is to hire a NYC bench warrant lawyer.
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Why Bench Warrants Are Issued
A bench warrant can be imposed for a variety of reasons. The most common way the average citizen gets a warrant is for failing to appear in a traffic violation case. However, you can also get a bench warrant for not appearing in any type of criminal matter. Furthermore, the court routinely issues warrants for failing to appear at jury duty, or not responding to a civil subpoena.
The Law Behind Bench Warrants
According to the New York Penal Code Section 530.70, you can be arrested for a bench warrant in any part of the state. Warrants issued by municipal courts can have you subject to arrest in the issuing jurisdiction, or surrounding towns. This means that you can’t get away from a bench warrant by spending time out of town. Warrants follow you wherever you go. Your best choice is to deal with the bench warrant head-on by having it vacated immediately.
How Warrants Are Vacated
In most cases, a bench warrant can be vacated by re-setting the court date. This requires going down to the issuing court and having the file pulled from the clerk’s office. Once the file is located, it can be added to court’s docket for the day. This means that you, or your lawyer, will have an opportunity to explain the request to a judge. When the judge calls the case, he or she will need to hear a reasonable excuse as to why the court date was missed. The judge has a few options in deciding what to do with the warrant. The court can vacate the warrant, enter a stay or remand the defendant right away.
If the situation involves an arrest warrant, it is best to get a lawyer involved right away. A criminal lawyer can make arrangements on your behalf with the police and prosecutors. In most cases you’ll need to do a voluntary surrender. An experienced attorney can help facilitate this process to keep you out of jail for as long as possible.
Is a Bench Warrant The Same as an Arrest Warrant?
Arrest warrants and bench warrants are similar, but differ in a few aspects. First, an arrest warrant is usually issued in more serious cases where an investigation has determined a suspect. In most cases an arrest warrant will follow from the indictment process. With an arrest warrant, you are required to deal with the applicable criminal charges. You can also expect that police officers will come looking for you. Unlike with bench warrants, police departments dedicate resources to executing arrest warrants. The police have the right to carry out the warrant at any time, and can use physical force to detain you.
In contrast, a bench warrant may be issued in criminal or civil matters. Typically, they are issued for a failure to follow procedure rather than for an underlying crime. Police don’t typically hunt down people with bench warrants because they are less serious matters. Yet, if you happen to have a police encounter, and they learn of the warrant, it is possible they will arrest you.
Do Warrants Ever Expire?
In general, the answer is no. A warrant will remain valid until it is cleared through a motion to vacate, or the defendant’s appearance. In rare situations, the court system may throw out a substantial number of bench warrants for legal reasons, or judicial efficiency. This was the case in 2017 when four of NYC’s boroughs erased over 600,000 bench warrants. Nonetheless, this incident was an exception to the rule. Bench warrants can follow you forever if they are not dealt with in a timely manner.
Other Issues With Warrants
The constant fear of arrest is not the only problem associated with warrants. This type of court order can also show up on a criminal background check. This means that potential employers or volunteer organizations will likely see that you have an active warrant. This information may be used against you in the hiring process. If you are expecting to have a background check done while a warrant is in effect, take the time to vacate it beforehand. A New York arrest bench warrant lawyer can help you clear your record as soon as possible!
NYC Arrest Lawyers
In case you or your beloved is arrested or facing an arrest, the experience can be bewildering and frightening. The arrest may have happened unexpectedly (wrong time and wrong place), perhaps you were stopped by the police for a traffic ticket or violent felony, or it was due to a bench warrant. After you have been arrested, the next step is determining the course of action you should take legally to ensure you protect your rights. Note that, as far as the court is concerned, you are innocent until you are declared guilty. The first step towards winning your case is contacting our arrest lawyers at Spodek Law Group for advice and consultation.
Probably you are dealing with a criminal court problem for a small theft crime, assault, a DWI, or other misdemeanors. You could have been arrested due to a felony sex crime (for instance child pornography and rape) or a white collar crime (security fraud and bank fraud) and end up in federal court.
Although being arrested is never a pleasant experience, getting arrested due to police mistake or misconduct is worse. Such errors are often committed by law enforcement and police who believe that they have acquired enough evidence to make the arrest. In other cases, people can be arrested with no notification. This is known as false arrests and it happens only when there is a mistake or misconduct. False arrests also happen when:
• A bounty hunter pursues and detains you illegally
• A person makes a false accusation against you causing the police to arrest you
• You are held by a security guard against your will. For instance, you could be accused of shoplifting and the store security detains you illegally
What to expect
Once arrested, the law enforcers will handcuff you and take you to a local precinct. You will then be asked to offer your identification information like your name and address. The next step will be photographing and fingerprinting. Unless a desk appearance ticket was issued, the police will hold you in custody and await the arraignment date. Most people think that desk appearance tickets are not serious like formal arrests. However, this isn’t the case and it’s essential to take the issue seriously. You must appear in court at the exact time and date that’s specified on the ticket. Failure to do this often results in the judge handing out a bench warrant to prompt your arrest.
The arraignment hearing
The charges filed against you will be stated at your arraignment including your legal rights. It is essential to have an arrest lawyer present at this time since you will need to enter a plea of guilty/not guilty. However, you won’t have the chance to inform the judge about the case details.
The essential aspect of your hearing will likely revolve around setting bail. Depending on the kind of charges brought against you, the district attorney may argue that you shouldn’t be released from custody or even recommend a high bail amount. It is the responsibility of your attorney to convince the judge to release you on your recognizance, without bail. The judge will then look at the charges and check if you pose any threat. He or she will also check your ties to the community, your family ties or if you are employed.
In case you are arrested, be sure to contact Spodek Law Group and you will get all the support you require from our team. Our arrest lawyers will offer undivided attention and sound legal guidance to help you win your case.