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Vacating Old Warrants for Criminal Cases in New York City
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Vacating Old Warrants for Criminal Cases in New York City
Having an old warrant for your arrest can be a scary situation. Even if the original case is long forgotten, that warrant means the police can arrest you at any time. Fortunately, New York City has options for vacating old warrants and clearing your record.
The first step is to find out if you actually have an active warrant. You can call the courthouse or a criminal defense lawyer to check. If there is one, don’t panic! Here’s an overview of how to get rid of it:
Surrender on the Warrant
For low-level offenses, the simplest solution is to surrender yourself at the courthouse. They’ll process you, you’ll see a judge, and usually can walk out that day. The warrant will be vacated and you can move on. If it’s a more serious crime, you may need to post bail or be held in jail for a bit. But at least the warrant is gone.
Having a lawyer accompany you makes the process smoother. They can negotiate bail or release, and work on getting charges reduced or dismissed. It’s ideal to surrender when the judge who issued the warrant is there, since they’re already familiar with the case.
File a Motion to Vacate
Instead of surrendering, your lawyer can file a motion to vacate the warrant. This asks the judge to withdraw the warrant without you appearing in person. It lays out reasons the warrant is no longer valid or appropriate.
For example, if it’s an old warrant and the statute of limitations has expired, there’s no basis to prosecute you. Or if you have health issues that make arrest dangerous, the warrant jeopardizes your well-being.
The motion gets filed along with supporting documents, like doctor’s notes. The judge reviews and makes a decision, hopefully vacating the warrant. You avoid the risk of arrest by coming to court.
Negotiate a Surrender Date
Your lawyer can contact the warrant squad and arrange for you to surrender at a set time. This is safer than being surprised by the police showing up unexpectedly.
It also gives you time to get affairs in order, like childcare and notifying your employer. And your lawyer can work on plea deals or dismissal options before the surrender date.
Wait For Warrant to Expire
If it’s a minor offense and you can avoid police contact, the easiest option is waiting for the warrant to expire. Warrants eventually “go stale” if not executed after a certain time period.
In New York City, warrants expire after 5 years for misdemeanors and 7 years for felonies. So if you lay low long enough, the warrant becomes invalid and gets vacated automatically.
File a Motion to Dismiss the Underlying Case
Instead of vacating the actual warrant, your lawyer can challenge the original charges. If the case gets dismissed, there’s no more reason for the warrant.
This works if there’s issues with the validity of the charges, like lack of evidence, unreliable witnesses, or constitutional violations by police. Getting the case thrown out eliminates the warrant too.
What About Out of State Warrants?
If the warrant is from another state, the process is trickier. You’ll likely need to appear in that state to resolve the warrant. Some states allow motions by mail.
An experienced criminal lawyer can navigate this process, including negotiating with the other jurisdiction. It’s complex but doable in many cases.
Act Sooner Rather Than Later
Don’t let an old warrant hang over your head. The sooner you address it, the easier the process will be. Witnesses’ memories fade, evidence gets lost, and prosecutors’ priorities change over time.
Waiting gives you peace of mind. And it’s one less thing to worry about if you get pulled over or have a police encounter.
Consult an attorney about the best strategy for your situation. With some effort, you can finally put that old warrant behind you.
Here are some useful resources for vacating warrants in NYC:
The most important thing is to act fast if you have a warrant. Speak to a qualified criminal defense lawyer, who can walk you through the process and protect your rights. It may seem intimidating, but the New York City courts see situations like this all the time.
With some guidance and strategic moves, you can get the warrant vacated or recalled. Then you’ll finally have peace of mind again.