Criminal Defense Lawyers

NYC Failure to Appear Desk Appearance Ticket Lawyers

In New York, when an individual fails to appear in court for a criminal case, a judge will issue a bench warrant for his or her arrest. This is can also result in a separate criminal charge with additional consequences for jumping bail or not responding to an appearance ticket. In addition, those who fail to make a court appearance will also forfeit any funds that were used for bail.

When an individual is issued a bench warrant, the police are directed to arrest him or her, so that they can be seen before a judge. If the police arrest an individual for failure to appear, he or she will typically be taken to jail until a court hearing is available.

Failing to React to an Appearance Ticket
If the police arrest an individual for a criminal offense that isn’t a felony, the arresting officer can present the individual with an appearance ticket. This ticket will state when the individual should appear in court. In addition, a police officer can request that a pre-arraignment bail be set in place. When an individual fails to meet the requests of an appearance, it is a violation. A violation is a non-felony crime such as a traffic citation. If convicted, this offense can result in 15 days in jail according to New York Penal Law 215.58.

Bail Jumping
When an individual is arrested for a crime and posts bond, he or she will is required to be in court for all appearance dates, which include the arraignment, hearing, trail, and sentencing. If a defendant does not appear in court on the set date, a judge may issue a bench warrant. When the individual is arrested, he or she will be charged with bail jumping. There are variations of bail jumping that are known as bail jumping in the first, second, or third degree.

Bail Jumping in the Third Degree
If individuals who are charged with a probation violation, misdemeanor, or violation fail to appear at any court appearance, they will be charged with bail jumping in the third degree. Individuals charged with bail jumping in the third degree will face a Class A misdemeanor that could result in a one year prison sentence or probation that can last up to three years. In addition, those who are convicted of this charge may also face a costly fine of up to $1,000 as stated in New York Penal Law 215.

Bail Jumping in the Second Degree
If an individual who is pending a felony charge fails to show at any court appearance, he or she will be charged with bail jumping in the second degree. This criminal offense is a Class E felony that could lead to four years in prison as well as a ,000 fine.

Bail Jumping in the First Degree
Bail jumping in the first degree involves those who are facing a Class A or Class B felony charge and fail to appear in court. These felony charges may include kidnapping, rape, murder, drug trafficking, bribery, grand larceny, and robbery. This offense is punishable by up to seven years in prison and a $5,000 fine.

What are the Defenses to a Failure to Appear Charge?
In New York, an individual who is charged with failure to respond to an appearance ticket or bail jumping may have the charge lessened or dismissed if they can prove the missed appearance was unavoidable due to circumstances beyond his or her control. However, an individual must prove beyond a reasonable doubt that his or her failure to show at a court appear at court was caused a valid reason within a 30 days from when the occurrence took place. Some valid defenses for this could be a traffic collision, hospitalization, a death in the family, or being incarcerated. In addition, a few other valid reasons may be if an individual’s car breaks down on the way to court, or the court failed to provide him or her with accurate information about the court date.

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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Google rating score: 4.9 of 5, based on 736 reviews

What Should You do if You Fail to Appear and/or have a Bench Warrant?
When an individual has a bench warrant for failure to appear in court, the police have the authority to make an arrest anywhere at any time. Many times with bench warrants, the police will go to an individual’s work, home, or they may even show up at a social event. In addition, if you are stopped for a traffic violation and the police officer notices that you have a bench warrant issued for your arrest, you will immediately be taken into custody. However, it is important to remember that New York has a 30-day grace period in place for those who fail to appear in court, so it is vital for these individuals to address the situation as soon as they are aware they missed a court appearance. In addition, contacting a skilled criminal defense attorney can help increase the chances of a successful outcome.