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.

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?