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Arrest Warrants in Queens – What You Need to Know
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Arrest Warrants in Queens – What You Need to Know
An arrest warrant is a court order that authorizes police to arrest someone and bring them before the court. Arrest warrants are issued when a person fails to appear for a court date or violates the terms of their probation or parole. In Queens, there are thousands of open arrest warrants at any given time.
Types of Arrest Warrants
There are a few common types of arrest warrants issued in Queens:
- Bench Warrants – Issued when a defendant fails to appear for a scheduled court date
- Violation of Probation Warrants – Issued when someone on probation violates the terms, like failing a drug test
- Parole Violation Warrants – Issued when a parolee violates their parole, like not checking in with their parole officer
Finding Out If You Have a Warrant
If you think you may have an open arrest warrant in Queens, you can check online or call the Queens County Criminal Court clerk’s office. You’ll need to provide your name and date of birth. The clerk can look up any warrants associated with your identity in their system.
You can also have an attorney do a warrant check for you. Criminal defense lawyers have access to warrant databases and can discreetly find out if you have any outstanding warrants.
What Happens After a Queens Arrest Warrant is Issued?
Once a warrant is issued by a Queens judge, it goes into a database accessible by law enforcement. This means any police officer can arrest you if they discover you have an open warrant during a routine traffic stop or other encounter.
After arrest, you will be photographed, fingerprinted and held until you can appear before a judge. At your court appearance, the judge will make a decision about releasing you until your next court date. The judge will consider factors like:
- Severity of the charges
- Your criminal history
- Likelihood you’ll return to court
If released, you’ll be given strict instructions to appear at upcoming court dates. If not released, you’ll be held in jail until your case makes its way through the system.
Turning Yourself In on a Warrant
Rather than waiting for police to arrest you on a warrant, many people choose to proactively turn themselves in. This can be advantageous because it allows you to surrender at a time convenient for you to arrange childcare, pet care, time off work, etc.
To turn yourself in, call or go to the nearest NYPD precinct and tell them you wish to turn yourself in on an outstanding warrant. Be aware that you’ll still need to go through processing and appear before a judge, who will decide whether to release you or hold you in jail.
Getting an Arrest Warrant Lifted
To get a bench warrant lifted after missing a court date, you’ll need to file a motion with the court. An experienced Queens criminal lawyer can handle this process for you. They’ll put together a legal argument on why your warrant should be withdrawn.
If the motion is successful and your warrant is recalled, the judge will schedule a new court date for you. Be sure to appear on time, or you may end up right back in warrant status.
Contesting the Warrant
If you believe an arrest warrant was issued wrongly or without justification, you can fight the warrant itself. For example, if there are errors or inaccuracies in the warrant application, or if police violated procedure in obtaining it.
An attorney can help gather facts and evidence to challenge the legitimacy of your warrant. If a judge agrees the warrant was improper, they can rescind it so you don’t get arrested.
Other Defenses Against Warrants
There are other creative legal defenses criminal lawyers may use to protect clients from outstanding warrants:
- Invalid service of process – Say you never received proper notice of a court date
- Statute of limitations expired – The time window for prosecution passed
- Double jeopardy – Trying to punish you twice for the same offense
An experienced Queens warrant defense lawyer will know which arguments give you the best chance at dismissing your case.
Finding a Queens Criminal Lawyer
If you have an open arrest warrant in Queens, speaking with a criminal defense lawyer should be your first call. They can walk you through your options – from warrant checks to recall motions to turning yourself in strategically.
Choose an attorney who focuses specifically on warrants and fugitive defense in Queens. Look for someone experienced with the judges and prosecutors you’ll be dealing with. This Avvo guide has tips on finding the best lawyer for your situation.
Don’t ignore an outstanding warrant and hope it goes away. Take proactive steps to address it with help from a professional. This can help you avoid being arrested at an embarrassing or harmful time down the road.