What Defenses Work for Outstanding Warrants in New York City?

What Defenses Work for Outstanding Warrants in New York City?

Dealing with an outstanding warrant in New York City can be extremely stressful. You may be worried about getting arrested, missing work or school, and how it could impact your life. The good news is there are defenses that can help get your warrant cleared up or recalled. This guide covers the common defenses that have worked for outstanding warrants in NYC.

Understanding Outstanding Warrants

An outstanding warrant means a judge has signed off that you need to be arrested in order to appear in court. There can be warrants for everything from missed court dates, probation violations, unpaid fines, or even minor offenses like an open container ticket.

The impact of the warrant depends on the severity of the original charge. For minor offenses, you may simply get released after being processed. But for felonies or probation violations, you could end up in jail waiting for a new court date. That’s why it’s so important to take care of warrants early on.

Recall the Warrant

One of the best defenses is to get the warrant recalled, which means canceled or withdrawn. This removes the order to arrest you so you don’t have to worry about getting picked up by the police. Warrants can often be recalled if:

• You have a good reason for missing court, like hospitalization
• It’s your first offense
• You turn yourself in voluntarily
• You completed any requirements, like rehab or community service

To get a warrant recalled in NYC, you’ll need to contact the courthouse, clerk or judge that issued it. Explain your situation and provide evidence, like doctor’s notes, to back up your defense. With minor offenses and a valid reason, many warrants can be recalled quickly through this process.

Surrender with a Bondsman

If you can’t get the warrant recalled, another option is to hire a bondsman to surrender you to the court. They will arrange your peaceful surrender instead of getting arrested unexpectedly. The bondsman posts your bail so you can be released while fighting the case.

This works best for low-level non-violent crimes. Violent offenses, felonies and probation violations usually can’t get bail. But for minor warrants, a bondsman can minimize the disruption to your life.

File for a Desk Appearance Ticket

A third defense is to file for a Desk Appearance Ticket (DAT). This is basically a ticket to show up to court on a later date. It’s like getting a traffic violation instead of arrested. DATs are common with things like outstanding bench warrants.

To get a DAT, you’ll need to hire an attorney to file the paperwork and appear before a judge. They will argue that you only need a ticket, not getting detained in jail. This works best for first-time offenders with low-level charges.

Negotiate at Arraignments

If you do get arrested on an outstanding warrant in NYC, you may be able to negotiate at your arraignment. This first court appearance is where bail and release conditions are decided.

An experienced criminal lawyer can argue to the judge that you:

• Don’t pose a threat to the community
• Will return to court voluntarily
• Should be released on your own recognizance

They may also be able to get the charges reduced or work out a plea bargain. Even if you can’t get the warrant recalled beforehand, skilled legal advocacy can minimize the damage.

Additional Defenses After Arrest

There are also further legal defenses to fight the original charges that led to the warrant:

• Illegal Search and Seizure: If the police violated your rights and there’s no other evidence, the case could get dismissed.
• Misidentification: If witnesses wrongly identified you, the charges can be dropped.
• Self-Defense: Getting arrested for an assault but you acted in self-defense.
• Mental Defect: You have a psychiatric issue that prevented you from following the law.

These require detailed investigations and legal filings. But an experienced criminal defense lawyer may find additional defenses to beat your charges.

Finding the Right Lawyer

The most important thing is finding an outstanding warrant attorney who knows all the defenses and the NYC courts. Look for someone with experience getting warrants recalled pre-arrest. That way you can avoid detention completely.

Ask about their relationships and negotiating tactics with district attorneys and judges too. The right lawyer can make all the difference in getting warrants cleared and charges minimized or dismissed.

What Happens After My Warrant is Recalled?

If your warrant gets recalled, then your case basically starts over. You’ll be assigned a new court date to face the charges. From there, your lawyer can raise more legal defenses against the allegations themselves.

So recalling the warrant solves the immediate issue of getting arrested. But you’ll still need to battle the underlying charges that caused the warrant at the beginning of the case. The good news is that getting a warrant recalled also looks good to the judge that you’re now taking it seriously.

Resources for Outstanding Warrants

Here are further resources for understanding warrants and finding defenses in NYC:

• NYC Courts Warrants Page
• NYC Bar Association Warrant Clinic
• How to Remove a Bench Warrant in New York
• New York Criminal Lawyers

We hope this gives you a better understanding of how warrants work in NYC and the defenses that could help your case. Don’t wait to take action on outstanding warrants – being proactive is key. The sooner you retain a lawyer and get the recall process started, the less disruption this case will cause your daily life.