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.
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(212) 300-5196How 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.
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You missed your court date for a misdemeanor assault charge in Manhattan because you were hospitalized after a car accident, and now you've learned there's a bench warrant out for your arrest. You're terrified that police could show up at your workplace or home at any moment to take you into custody.
Can my lawyer get the bench warrant lifted without me having to turn myself in and sit in jail?
Yes, an experienced attorney can often file a motion to vacate the bench warrant and schedule a voluntary surrender or a new court appearance on your behalf. Under New York Criminal Procedure Law § 530.70, the court has discretion to recall a warrant when there is a legitimate reason for the missed appearance, such as a documented medical emergency. Your lawyer can present hospital records and other evidence to demonstrate that your failure to appear was not willful, which significantly increases the chances the judge will reinstate your case without imposing bail. Acting quickly is critical — the longer a bench warrant remains active, the greater the risk of an unexpected arrest and the harder it becomes to argue for favorable terms.
This is general information only. Contact us for advice specific to your situation.
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.
