Criminal Defense Lawyers

New York Bench Warrants and Bail Modification or Revocation

If you have been charged with a crime in New York, you may be released prior to the trial in your case subject to conditions of your bail bond. If you violate the terms and conditions of your bail bond, your bond may be revoked, and you could be sent to jail to await trial. Prior to a bond revocation, the court must hold a hearing. An alternative to revocation is modification of your bond conditions.

New changes in the law have made it easier for defendants to explain a missed court date prior to the issuance of a bench warrant. If you have recently missed a court date, contact our office right away to speak to a defense lawyer.

Recent Changes in New York Bail Bond Laws

If you miss court, a bench warrant could be issued for your arrest, even if you are only charged with a minor offense. A bench warrant is signed by a judge and directs police to arrest you, which means that you could be sent to jail unexpectedly on your way to work. For example, if you are pulled over for an unrelated offense, you could end up in jail for a night or longer because of the missed court date.

Luckily, bail bond laws have changed in New York which make it easier to explain your absence as long as you act in a timely manner and notify your attorney as soon as possible regarding the circumstances that caused you to miss court. Now courts must provide 48 hours for you turn yourself in to avoid the issuance of a bench warrant.

There is an important exception to this new rule. If there is credible evidence that you willfully refused to appear for court, a warrant may still immediately be issued for your arrest. For example, if you made statements to a witness such as a court clerk that you did not intend to appear for court intentionally, the court may issue a bench warrant without the 48-hour waiting period.

If you expect you will miss court, contact your lawyer immediately. Many judges will not be sympathetic if you must miss court to work or have planned a vacation since court dates are typically scheduled well in advance. What you say to your attorney is confidential. It is much better for your lawyer to tell the court why you could not appear than to attempt to explain the situation on your own behalf after a bench warrant has already been issued.

Cash vs. Commercial Bonds

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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A bail bond may be cash or commercial. A cash bond must be paid in full, while a commercial bond is covered by a bail bondsman, and you pay a percentage of the full amount of the bond plus the bondsman’s fee to the bail bond company.

If you miss court, you could be charged with failure to appear, and a warrant will typically be issued for your arrest. If you do not appear at court to explain why you missed court, your bond could be forfeited.

Bail Bond Hearings

If you violate the conditions of your bond or miss court, the court will set a hearing regarding possible modification of your bail conditions or revocation. A hearing required before the court may revoke your bond and require you to stay in jail until your trial date.

A bail bond hearing is a chance for your defense lawyer to present evidence regarding any reasons you missed court. If you were in the hospital or were in jail for another offense, your attorney can present paperwork to the court to show that you had a reasonable excuse for failing to appear at your court date.

Bail Bond Modifications

If you violate a condition of your bond, an alternative to pre-trial detention is a bail bond modification. For example, if you miss court with no explanation, the conditions of your bond could be modified to require you to wear an electronic monitoring device to track your GPS location. The amount of your bond could also be increased.

Courts may impose requirements and restrictions like drug testing, no contact orders, orders for you not to leave the state and any other conditions that will make it more likely that you will appear for your next court date.

Consult a New York Defense Lawyer

Do you have questions about bail bonds in New York? Even if you missed court and do not have a good reason, our attorneys may be able to help keep you free on bond until your next court date. Having a skilled and experienced defense attorney on your side can make all the difference between being faced with strict conditions or jail versus being allowed to enjoy your freedom on your current bond. Contact our office to schedule a consultation for more information.