Criminal Defense Lawyers

What Qualifies as a Bench Warrant in New York City? Consequences

What Qualifies as a Bench Warrant in New York City? Consequences

A bench warrant in New York City is a court order issued by a judge directing law enforcement to arrest an individual and bring them before the court. Bench warrants are typically issued when a person fails to appear for a scheduled court date or violates a court order.

When Bench Warrants Are Issued

There are several situations where a judge may issue a bench warrant in NYC:

• Failure to Appear in Court: If you miss a scheduled court appearance, the judge can issue a bench warrant for your arrest. This includes missing arraignments, hearings, trials, sentencing hearings, probation meetings, etc. Even being just a few minutes late can result in a warrant.
• Violation of Bail Terms: If you are released on bail and violate the terms, such as by leaving the state without permission, testing positive for drugs, getting arrested on new charges, etc., the judge can revoke your bail and issue a warrant.
• Violation of Probation or Parole: If you violate a condition of your probation or parole, a warrant can be issued to bring you before the judge for violating release conditions. Common violations include missing meetings with your probation officer, failed drug tests, new arrests, leaving the state without permission, etc.
• Failure to Comply With Court Orders: If the judge has ordered you to complete certain conditions, like community service hours, paying fines, completing a rehabilitation program, etc., failing to do so can result in a bench warrant. Judges expect their orders to be followed.
• Failure to Pay Child Support: Missing child support payments can result in a family court judge issuing a warrant to arrest you and bring you before the court to explain why you disobeyed the support order.

So in summary, anytime you defy a judge’s orders to appear in court, comply with conditions of release, or violate other court mandates, an arrest warrant can swiftly follow. Judges take obedience to their directives very seriously.

Consequences of Bench Warrants

The consequences of having a bench warrant in New York City can be severe:

• Arrest & Jailing: The most immediate consequence is that you will be arrested at home, work, or during a routine traffic stop and promptly jailed until the warrant can be addressed by a judge.
• Additional Criminal Charges: Resisting arrest or providing false identification when police execute a warrant can result in additional criminal charges carrying even more fines and jail time.
• Loss of Bail Money: If you were out on bail when the warrant was issued, the judge will revoke bail and you’ll lose the money you or your bail bondsman paid to the court for your release.
• New Bail Requirements: Once arrested on a warrant, you will likely need to post additional bail money before being released again, or you could be held in jail until your case is resolved.
• Probation/Parole Violations: Bench warrants can trigger violations of any existing probation, parole, or conditional release punishments, leading to additional incarceration time or stricter community supervision conditions.
• Prolong Case Resolution: Unresolved warrants prolong the case disposition, which prevents you from moving on with your life and finding closure. The matter also continues accruing additional court fees and costs.
• Outstanding Warrants on Record: Until the warrant is recalled, it remains viewable on your criminal record. This can impact employment background checks, rental applications, security clearances, etc.
• Ineligibility for Government Benefits: Outstanding warrants can stop you from obtaining housing assistance, professional licenses, food stamps, disability benefits, student financial aid, and other government services.

Essentially bench warrants should never be ignored both because of immediate arrest and jailing consequences as well as the longer-term case delays and record implications.

How to Recall a Bench Warrant

If you have an outstanding NYC bench warrant, here are some steps to take:

• Consult an Attorney: Hiring a qualified NYC criminal defense lawyer to represent you is strongly advised to navigate the warrant recall process and achieve the best outcome. They can negotiate with judges and prosecutors on your behalf.
• Voluntary Surrender: In some situations, your attorney may coordinate your peaceful surrender to the court to answer for the warrant instead of being forcibly arrested. This shows responsibility on your part.
• Request a Warrant Recall Hearing: Your lawyer can file paperwork and request a hearing to convince the judge to recall the warrant. Prepare documentation showing compliance with court orders and explaining any violations.
• Pay Outstanding Fines & Fees: If financial obligations triggered the warrant, paying them promptly can help convince the judge to withdraw it. Bring payment proof to your hearing.
• Fulfill Broken Conditions: If you failed to complete community service, treatment programs, etc., provide proof you are back in compliance. This shows the judge you are serious about following court orders.

While no guarantees exist, satisfying the judge’s original orders can convince them to withdraw the warrant so you can move forward with resolving your case. With an experienced attorney negotiating for you, warrant rescission is very possible in many situations. But the warrant will continue lingering until affirmative steps are taken, so prompt action is essential.

Finding Out if You Have a Bench Warrant

Wondering if New York City has an open bench warrant under your name? Here are some options to find out:

• Contact Your Attorney: If you have a lawyer representing you for an ongoing criminal case, they can use your case number to search for active warrants in the court system database.
• Check Online Records: Several websites like New York State Unified Court System allow you to search for warrants by first and last name along with date of birth.
• Call the Courthouse: You can contact the courthouse where your case is being handled and provide your identifying details for them to check for outstanding warrants.
• Visit the Courthouse: By physically going to the court and providing ID, the clerk can scan for any warrants pending under your name.
• Get LiveScan Fingerprint Check: Various private background check companies offer LiveScan fingerprint scans that search state and federal criminal records for warrants based on biometric match.

If there is an active NYC bench warrant under your name, don’t panic but rather promptly consult with a qualified criminal lawyer to take the necessary steps to address it. The longer you wait, the more severe the fallout tends to be. So be proactive.

Bottom Line

Bench warrants stem from defiance of court orders and can carry harsh penalties from arrest and jailing to case delays and record damage. Upon learning of an outstanding warrant, quickly retaining legal counsel to pursue warrant recall while responsibly satisfying any lingering court directives is imperative. With an experienced lawyer adept at navigating New York courts, warrant rescission and resolution of your case is very achievable so you can move forward.

Resources

Consequences of Missing Court Date in New York – Reddit Discussion
Outcomes of Violating Parole in New York City – Quora Thread
Dealing with Child Support Arrears Warrants in New York – Avvo Q&A
Resisting Arrest Charges in New York – LawInfo Article
Government Benefits Denied for Outstanding Warrants – FindLaw FAQ Why Hiring a Lawyer is Essential for Getting Bench Warrants Recalled – Analysis