Get In Touch With Your Lawyer Or Retain A New One
If your warrant were issued after the case began, you must have been represented by someone. Perhaps it was the Legal Aid Society or one of the other Public Defender Organizations, or perhaps it was an Assigned Counsel lawyer. Few people are permitted to represent themselves, so you were almost certainly represented by someone. Presumably, if you had retained a lawyer, you would want to contact that lawyer.
If you can’t locate the lawyer who represented you on your case, you can and should hire a lawyer to return you on the warrant.
Once you have retained a lawyer, discuss the logistics of returning to Court. The lawyer will likely advise you that your obligation is to return as soon as possible and will tell you to go to meet him or her in the courtroom as soon as possible.
Arrest Warrants Vs Bench Warrants
One of the most fundamental differences between a bench and an arrest warrant is the degree to which police will pursue your arrest. If a bench warrant was issued because of nonpayment of traffic tickets or some minor violation of court rules, law enforcement is unlikely to devote resources to actively searching for you. However, if an arrest warrant is issued because of an indictment or if there is probable cause of a crime, police typically will conduct an investigation to find and arrest you.
Arrest warrants also mean you will need to respond to underlying criminal charges, while this is not always the case with a bench warrant. If you simply did not pay a traffic ticket, a NY bench warrant lawyer may be able to help you negotiate to resolve the bench warrant by paying the fine and any additional associated costs. An arrest warrant, however, almost always means your case will proceed to a full criminal trial where you could be found guilty, be left with a criminal record, and face penalties including possible jail time.
How a New York City Warrant Lawyer Can Help
The right approach to take when a warrant is issued for your arrest is going to vary depending upon whether you face an arrest warrant or a bench warrant.
A New York City criminal defense lawyer will review the circumstances of your particular case carefully and help you to make informed choices about resolving your legal problems in the most advantageous way possible under the circumstances.
Vacating Bench Warrants Nyc
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Vacating Bench Warrants in New York City
Warrants are recorded in New York States computer databases which informs all law enforcement that a warrant is outstanding.
If you believe that you might have a warrant out for your NY criminal defense attorney can call the NYPDs warrant squad and see if you obtain any information about an open warrant. You will need to provide your NYSID number to them and additional pedigree information so that they can pull up your records.
To vacate the warrant, you need to appear in the Court that issued the warrant. You can appear in one of the boroughs warrant squads, your local Police precinct or a Police agency if your are outside of New York State and the Police will bring you in on the warrant. Regardless of where you go only the Court of issuance can set aside the warrant. It is always a better choice for an individual to appear in the Court Clerks office him or herself and voluntary surrender then to have the Police bring them in to Court.
The two types of arrest warrants:
To vacate the warrant the defendant must go to the Central Clerks Office in the County where the case is being heard. The Defendant should have his/her full name, date of birth and either the Docket or Arrest number. The Clerk will then retrieve the file and send it up to Part that is dealing with warrants.
What do I do if there is a warrant out for my arrest?
The Basics Of Arrest Warrants
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What Is A Search Warrant
A US search warrant is a legal document issued by a judge or magistrate allowing law enforcement officials to execute searches on persons or private properties to obtain proof of unlawful activity. Search warrants permit law enforcement to enter properties such as homes, vehicles, or business premises to confiscate evidence upon discovery. A court can issue a search warrant for crime evidence, property intended for committing a crime, or products of a crime. Officers can also arrest subjects of a warrant or install and use tracking devices when executing the warrant. Federal law enforcement can issue an affidavit or other information requesting a search warrant from a judge or magistrate. If there is probable cause, the judge must issue the search warrant as authorized by Rule 41 of the Federal Rules of Criminal Procedure.
Title 18, Section 3105 of the United States Code stipulates the laws surrounding issuing federal warrants in the country. Rule 41 of the Federal Rules of Criminal Procedure restates the provisions of 18 US Code §3105 and extends it further. The amendments provided in Rule 41 allow law enforcement to successfully execute remote searches on properties concealed by technology in virtual locations . Only an authorized person can serve a search warrant in the United States. Some of the reasons why judges or magistrates issue search warrants are:
Can The Police Search Your Home Without A Warrant In New York
Imagine that you are sitting at home on a Saturday night with your family and the doorbell rings. You look outside and see several police officers on your front door step. When you open the door and speak to them they tell you they wish to search your home. No explanation is given for why they wish to conduct a search and no warrant is produced. What do you do? Can the police search your home without a warrant in New York? ” While this scenario may seem unlikely to you, it could occur. Only an experienced New York criminal defense attorney can provide you with specific advice as it relates to your unique situation however, it may be beneficial to have at least a general understanding of your Fourth Amendment rights.
The Fourth Amendment to the United States Constitution states as follows:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
If you have been charged with a criminal offense in the State of New York it is important that you consult with an experienced New York criminal defense attorney right away to evaluate your case and get started on your defense. Contact the Law Offices of Adam Thompson today by calling to schedule your appointment.
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How To Perform Your Own New York Warrants Search
States and counties throughout the US have online warrant search tools to find out if you have a bench warrant for free. Often, these are a helpful resource to search for active warrants issued for yourself and your loved ones. These tools may provide incomplete or outdated data, as there is no standard for every county and state. It is also impossible to search every state and county if you travel frequently. You can perform searches by:
How do you find out if you have a warrant for free? If the options above have you frustrated, you have a better option. DoNotPay is the fast and convenient way to perform a warrant search anonymously.
Failure To Respond To An Appearance Ticket
When police arrest a person for a non-felony offense in New York, the officer can serve the person with an appearance ticket directing the person to appear for court. The officer can require the person to post pre-arraignment bail. If the person fails to appear for court as directed, the court can issue an bench warrant and charge the person with the offense of failing to respond to an appearance ticket. This offense is considered a “violation” in New York. A violation is similar to a misdemeanor. It is a non-felony crime other than a traffic infraction, punishable by up to fifteen days in jail.
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Bail Jumping And Statute Of Limitations Issues
One issue that frequently occurs in long-term warrant situations is statute of limitations problems with the bail jumping charge. Bail jumping is a crime, and like nearly every other crime, there are statute of limitation rules that limit how long the Government has to begin a case once it is aware of the crime.
Felony Bail Jumping charges, for example, carry a five year statute of limitations. Since the Government is obviously aware of the warrant, and indeed it is likely on the record requesting that a warrant be issued, the statute of limitations clock begins ticking the moment the crime is completed. Bail jumping is completed 30 days after the warrant is issued. Therefore, the Government has 5 years to begin the bail jumping case beginning 30 days after the warrant is issued. The defendant need not be present for the Government to begin its case. The Government is free to present the matter to a Grand Jury and seek an indictment for bail jumping at any time . Nevertheless, if the Government is ever going to do this, it must do it within 5 years.
Arrest Warrant Vs Bench Warrant
Before we go further into the details of arrest warrants and how theyre given, its important to establish the difference between an outstanding arrest warrant and an outstanding bench warrant, as bench warrants are issued for different reasons often unrelated to committing a crime.
An arrest warrant is an order that allows a police officer to bring a suspect into custody if, for example, an empaneled grand jury through a felony indictment finds probable cause to believe that the suspect committed a crime. Not all arrests require a warrant if you are stopped for a speeding ticket, for instance, the officer does not require a warrant to arrest you but arrest warrants are often used to initiate a criminal case by the New York City Police Department.
On the other hand, bench warrants are given specifically if someone violates the rules of the New York City Criminal Court. A bench warrant may be given if you dont turn up to a court date, or if you fail to follow a court order such as obeying a restraining order or paying a fine.
Additionally, there are other kinds of warrants like search warrants, which are given when police have probable cause to think that criminal evidence may be on someones property, and extradition warrants, which are given if someone is charged with or convicted of a crime and flees the state.
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Could You Have A Warrant
Depending on the kind of lifestyle you live you may or may not have a warrant. If you suspect you have a warrant, the best thing you can do is do an online warrant search. Although you could always make a personal appearance to the police station and ask them face to face, it is probably better to find out first so you can be prepared. If you know, you can make preparations to handle the situation on your terms.
Just What Is An New York Bench Warrant
A judge grants a bench warrant if a defendant has broken a rule of the court. Ordinarily, a bench warrant will result from somebody not appearing to the court when they were supposed to but also may be issued for any other infractions of the courts rules. As soon as a bench warrant in New York is sanctioned, its treated like any other warrant and authorizes law enforcement to arrest or detain the named person.
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What Can Make A New York Search Warrant Invalid
New York search warrants may become invalid if they do not comply with the Fourth Amendment to the US Constitution, which prevents the issuance of warrants without probable cause. Hence, a search warrant may be rendered invalid if its issuance was unnecessary or unlawful.
When proven that the search warrant was improperly authorized, the court may dismiss any evidence obtained from the search. Eventually, this may lead to the dismissal of the criminal case.
The Nyc Warrant Search
Since having a warrant out for your arrest is stressful enough, the Big Apple makes the arrest warrant search in NY a pretty painless process all it takes is a phone call. If you can handle calling customer support, you can handle searching for an arrest warrant in NYC.
To find out about any arrest warrants issued by the boys and girls in blue at the New York City Police, just call the New York City Criminal Court Information line at 386-4500. This helpline covers all five boroughs, walking you through a series of simple prompts. In the case that there is a warrant out for your arrest, the City of New York recommends turning yourself in at any local police precinct.
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What Is An Arrest Warrant In The United States
An arrest warrant in the United States is a legal document issued by a competent authority permitting the arrest of someone by a bearer . The Fourth Amendment protects individuals against unlawful arrests arising from unreasonable searches. According to Rule 4 of the Federal Rules of Criminal Procedure, a judge or magistrate can issue an arrest warrant when probable cause has been established . Per Rule 4, an arrest warrant must contain the following information:
- The defendant’s name or a description of the defendant for easy identification
- A description of the alleged offense
- City where the warrant was issued
- An order for the defendant’s arrest and immediate arraignment before a magistrate judge or local judicial officer
- The issuing magistrate or judge’s signature
An arrest warrant will be invalid if these details are not contained in the writ. Also, the officer must present the arrestee before a magistrate judge without unnecessary delay unless otherwise permitted by a court. Rule 4 also requires an executing officer to return the arrest warrant to the judge after executing the arrest. If an officer does not execute a warrant, they must return it to the judge for cancellation.
A United States arrest warrant authorizes an executing officer to arrest and detain defendants at any location. Generally, misdemeanor arrests are executed during the day unless otherwise stated by a judge. Conversely, felony arrests are executable at any time.
Schedule A Free Consultation Today
Our experienced legal team has dealt with countless bench warrant matters. Our top priority will be to minimize the damage to you as much as possible, so that you can move on with your life.
Contact our attorneys 24 hours a day, seven days a week for a free initial consultation and aggressive intervention in your case. We have offices in Hauppauge, Hempstead, East Hampton and Manhattan.
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Defenses To Bail Jumping And Failure To Appear
A person charged with bail jumping or failure to respond to an appearance ticket in New York has a defense if the failure to appear was “unavoidable and due to circumstances beyond the his control.” But the person must show that his failure to appear on the specified date and during the thirty days after that date was unavoidable, and that after thirty days expired, he either appeared before the court voluntarily as soon as he was able, or was unable to appear. A reasonable defense for failure to appear would include a motor vehicle accident, hospitalization, illness, a death in the family, the defendant’s car breaking down on the way to court, being in jail in another location, or the court failing to give notice or accurate notice of the court date.
Attorney For Arrest Warrants In New York City
If you have a warrant, contact Rochelle Berliner who understands the best way to resolve an outstanding arrest or bench warrant within the New York City Criminal Courts.
Rochelle Berliner represents clients in the New York City Criminal Courts in New York County, Bronx County, Kings County, and Queens County. She can help resolve a beach warrant, arrest warrant or extradition warrant on the best terms.
Rochelle Berliner’s office is conveniently located on Queens Boulevard in Forest Hills in the borough of Queens.
Having the right attorney might save you time, money, stress and aggravation.
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How To File A Civil Warrant In Ny State
Arrest warrants may be brought to any law enforcement officer in the state of New York that has authority to execute the warrant. The Sheriff’s Office in each county has authority to enforce most arrest warrants that relate to compliance with a court order.
In most cases there is no fee for filing. However, arrest warrants may be filed with the Sheriff’s Office for a $95.00 fee. This fee is subject to change based on counties and filling process. Warrants are usually filed with the local Sheriff and County Office where the person lives or works, or is likely to be found.
The following information and files are needed to expedite a Civil Warrant.
1. An original or certified copy of the warrant, plus two photocopies issued by the court.
2. A completed or court document stating compliance.
3. In most cases civilians usually have a family attorney conduct due process for civil warrants.
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