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Travel Restrictions and Out-of-State Warrants in Queens Criminal Cases

March 21, 2024 Uncategorized

Travel Restrictions and Out-of-State Warrants in Queens Criminal Cases

Individuals facing criminal charges in Queens often wonder if they can travel outside of New York while their case is pending. The answer depends on a few key factors.

Active Warrants

If you have an active warrant for your arrest in Queens or anywhere else in New York, you should not attempt to travel outside of the state. Law enforcement regularly shares warrant information across jurisdictions, and you risk being detained and extradited back to New York if you are stopped in another state.

For example, if you miss a court date in Queens and a bench warrant is issued, that warrant could be entered into databases like the National Crime Information Center. If police run your license in another state, they would see the active New York warrant and arrest you.

Bail and Bond Conditions

If you have been released on bail or on your own recognizance in a Queens case, your release paperwork likely contains certain conditions. Two common examples are:

  • A requirement to attend all court dates
  • A prohibition on traveling outside New York without advance court permission

Violating those conditions can result in bail revocation or additional charges for bail jumping. So before leaving the state, you need to confirm with your lawyer that it is allowed.

Interstate Compacts

New York has entered into interstate compacts with most other states for extradition and supervision of people on probation/parole. For example, the Interstate Compact for Adult Offender Supervision allows probationers and parolees to transfer their supervision to other states:

The compact enables sentenced offenders who meet certain requirements to transfer from one state to another while the offender serves his/her sentence. For example, an offender sentenced in New York may seek a transfer of his/her supervision to Florida. His/her family may live in Florida, and transferring supervision enables the offender to receive support from family members.

So if you are sentenced to probation in Queens, you may be allowed to complete probation in another state. But you can’t simply travel or move away without first getting approved through your probation officer and the interstate process.

Practical Considerations

As a practical matter, even if you have permission to leave New York or transfer your supervision, there are risks to consider. According to defense lawyers:

Traveling while your criminal case is pending can be extremely risky and is rarely a good idea…There may be court dates or other obligations that come up with little notice while traveling, putting you at risk of bench warrants, bail revocation, or arrest upon returning home.

The best approach is to speak with your criminal defense attorney in Queens and get their advice before traveling or relocating outside of New York. They can review the specific details of your case and release conditions to determine what options you may have.

Out-of-State Warrants

If you have outstanding warrants from another state, that also complicates travel due to widespread data sharing among law enforcement agencies. However, having an out-of-state warrant generally does not prevent you from fighting your criminal case in New York.

Your defense lawyer can still appear and contest the charges on your behalf. There may also be options for resolving the other state’s warrant without you having to travel there personally, such as retaining counsel locally to quash the warrant or negotiate a resolution of that case.

That said, in some circumstances the judge may require your appearance in New York despite an out-of-state warrant. So while active warrants don’t necessarily stop you from defending your case, they will limit your travel options until they are cleared.

Getting Legal Advice

The Queens criminal defense lawyers at My Firm have experience guiding clients on travel and out-of-state legal matters connected to their New York charges. We understand this can be a confusing area of law. If you need advice regarding an upcoming trip or resolving warrants in other states, contact us for a free consultation.

Whether you are facing felony or misdemeanor charges, our attorneys will thoroughly evaluate your case and provide honest guidance on all of your options. Reach out today to discuss your situation and next steps.

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Todd Spodek

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JEREMY FEIGENBAUM

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CLAIRE BANKS

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RAJESH BARUA

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CHAD LEWIN

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