How to Recall a Warrant in New York City: What You Need to Know

How to Recall a Warrant in New York City: What You Need to Know

Dealing with an active warrant can be scary and overwhelming. You may be worried about getting arrested or having your life disrupted. Fortunately, in New York City, there are options for recalling certain types of warrants. Recalling a warrant means having it vacated or cancelled before an arrest. This article provides information on warrant types, recall eligibility, the recall process, and finding legal help.

Types of Warrants in New York City

There are a few common types of warrants issued in New York City:

• Bench warrants – Issued by a judge when you miss a court date or violate a court order. These are common for traffic tickets, misdemeanors, violations, or low-level felonies.
• Arrest warrants – Issued by a judge when you’ve been charged with a crime but not yet arrested. This allows police to take you into custody.
• Parole violation warrants – Issued when you violate parole conditions. This sends you back to jail to await a revocation hearing.

Bench warrants and some arrest warrants can potentially be recalled under certain conditions. Parole violation warrants usually cannot be recalled.

Checking for Active NYC Warrants

Before taking recall steps, confirm that you actually have an active warrant. This can be done through the New York State Unified Court System’s online warrant search. You’ll need your name, date of birth, driver’s license number, or NYSID number.

You can also call the NYPD Warrant Section at 646-610-5906 or the sheriff’s office for the borough where the warrant originated. Provide your identifying details to check for warrants.

Finally, you can go to your local precinct and ask at the desk. They can check the statewide database for any warrants issued against you.

Eligibility for Warrant Recall in New York City

If you have a bench warrant for missing a court appearance, you can request recall in NYC. However, it depends on the court, judge, and case specifics. Arrest warrants may also potentially be recalled depending on the charges and other factors.

Those ineligible for warrant recall typically include:

• Defendants with a history of missed court dates
• Those charged with serious, violent felonies
• Parole violators (although surrender may be arranged)
• Defendants who are likely to flee prosecution

Judges have discretion when approving warrant recalls. They consider things like criminal history, flight risk, case severity, and extenuating circumstances for missing court.

How to Get a Warrant Recalled in New York City

If eligible, take these steps to recall an NYC warrant:

1. Contact the issuing court – Call the court part listed on paperwork or reach out to the court clerk. Ask about recall eligibility and procedures.
2. Submit a written recall request – Draft a letter to the judge explaining why you missed court, any extenuating circumstances, and request that the warrant be recalled. Include contact info and your identifying case details.
3. Attend the recall hearing – If approved, the judge will schedule a short hearing. Explain why you missed court and ask that the warrant be recalled. Bring any evidence to support your case.
4. Get the recall order – If approved at the hearing, the judge will vacate the warrant. Get a copy of the recall order from the clerk, it will list any new court dates or conditions.
5. Follow up and confirm – Verify with the court clerk, NYPD, and online systems that the warrant no longer shows as active. Keep the recall paperwork in case proof is needed.

The warrant recall process takes coordination, preparation, and patience. Having an attorney can be extremely helpful, especially for complex or serious cases.

Finding a Lawyer to Assist with Warrant Recall

Connecting with a criminal defense lawyer is advisable to navigate the warrant recall process in New York City courts. Here are some options to find representation:

• Search lawyer directories through Avvo, Lawyers.com, or AttorneyPages.
• Check New York City Bar Legal Referral Service. They match with attorneys based on location and legal issue.
• Search for criminal lawyers on Reddit or Quora to find recommendations for local representation.
• Ask defense attorney groups like the New York State Association of Criminal Defense Lawyers (NYSACDL) to refer an experienced member in warrant recalls.
• Look for lawyers with proven experience handling warrant recalls and reinstatements in New York City on FindLaw or LawInfo.

When researching lawyers, look for experience with warrant recalls specifically in NYC courts, not just general criminal defense. Confirm if they handle cases in the borough where your warrant originated.

What to Expect During the Warrant Recall Process

If your recall request gets approved, here is what you can expect at the recall hearing:

• You’ll appear briefly before the judge who issued the warrant. They’ll likely ask why you missed court and your excuse. Answer honestly with evidence.
• The district attorney may argue against the recall request, especially for serious charges. Your lawyer can counter their points.
• If approved, the judge will order the warrant vacated. Get the recall order paperwork from the court clerk after.
• New conditions may be imposed like weekly check-ins or bail. Make sure to follow any such conditions.
• Get proof from authorities that the warrant no longer shows as active in their systems.

Through the process, be patient yet persistent when dealing with clerks and officers. Confirm they process the recall order and update their systems accordingly. Don’t just take their word for it.

Consequences of an Active Warrant in New York City

Until a warrant gets recalled, here are some consequences you may face:

• Getting arrested at home, work, traffic stops, or in public
• Having to post bail money or bond even if charges are minor
• Missed work, school, family responsibilities due to jail time
• Other legal cases delayed while the warrant gets handled
• Long-term impacts like deportation, lost custody, or parole violations

These provide urgency to act fast if you have an active warrant. Yet also demonstrate the importance of getting bench warrants recalled properly through the courts. Work with a lawyer for best results.

When to Take Further Legal Action

If you are arrested on an active warrant in New York City, here are some steps to take:

• Remain silent – Don’t answer police questions or make statements until your lawyer arrives. Simply provide your name if asked.
• Hire an attorney – Contact a defense lawyer immediately after getting arrested. Ask about bail, release, and next steps.
• Request a hearing – For bench warrants, ask your lawyer to file for a recall or reinstatement hearing. Provide excuses, evidence, and arguments.
• Get released – Depending on charges, you may be released after booking or able to post bail through a bonds agent. Your lawyer can assist with the release process.
• Attend court hearings – If jailed, you’ll be given a court date to face the warrant charges. Hire a lawyer to represent you through the case.

Acting quickly to address an active warrant is critical for the best outcome. In serious cases, experienced legal help makes all the difference.

Finding Legal Help for Active Warrants in New York City

If arrested on an outstanding warrant in NYC, here are some options to find an attorney:

• Ask friends or family for lawyer referrals. Those with experience in New York courts are best.
• Search reputable legal directories like Avvo, AttorneyPages, or Lawyers.com.
• Hire a criminal defense lawyer who regularly practices in the borough and courthouse of your case.
• Search for client reviews of NYC defense lawyers on Google, Facebook, Reddit, Quora, and other sites.
• Ask the New York City Bar Association or New York County Lawyer’s Association to refer experienced local members.
• Consider hiring a former Manhattan prosecutor from firms like Lipsky Criminal Defense who has insight into warrant cases.

Vet any lawyer thoroughly, read reviews, ask for case examples, and clarify pricing before hiring. A skilled NYC defense attorney can get charges reduced or dismissed.

What Happens After a Warrant Gets Recalled?

If successful in getting your New York City warrant recalled, here is what to expect:

• Your case will resume with the original charges. For bench warrants, this may require appearing before the initial judge.
• For missed court, provide evidence why you didn’t appear. Further excuses may not be tolerated.
• Any plea deal or sentencing discussions will restart from scratch.
• Expect more stringent release conditions like weekly check-ins or counseling.
• Additional bench warrants will be seen less favorably if missed court becomes a habit.

Getting a warrant recalled is a second chance to resolve your case. Be sure to follow all conditions and handle matters promptly going forward. Otherwise, your warrant may be re-issued or get arrested.