NYC Bench Warrants Lawyers – NYC Arrest Warrants Lawyers
When an individual fails to appear in court for a criminal appearance, he or she could face significant consequences. Some of these include a bench warrant that was issued for an arrest, a criminal charge of bail jumping, failure to respond to an appearance ticket, as well as losing any funds that were posted during bail for the initial offense.
In New York, there is a 30 day grace period before a bench warrant is set forth for the defendant. The purpose of a bench warrant is to have a police officer arrest the defendant. Those who are taken into custody for a bench warrant, which was issued due to failure to appear in court, will typically be kept at the police station until the court schedules a hearing.
What is Failure to Respond to an Appearance Ticket?
If a police officer arrests an individual for an offense that is a non-felony, the law enforcement official can serve the individual with an appearance ticket, which means the individual won’t go to jail. This ticket will direct an individual on when to appear in court. In addition, a police officer can also request that an individual post bail. When an individual fails to show up in court as directed by an appearance ticket, the court has the authority to issue a bench warrant for his or her arrest. Failing to comply with an appearance ticket is an offense that is considered a violation in New York. Violations and misdemeanors are similar to each other, as they are both a non-felony offense (aside from a traffic violation). If convicted of this offense, an individual could face up to 15 days in jail as stated in New York Penal Law, Article 215.
What are the Criminal Offenses Related to Bail Jumping?
An individual who is arrested and officially charged with a criminal offense and posts a bond is required by law to appear in court as directed. These dates could include an arraignment, hearing, trial, and sentencing. If a defendant does not appear for a scheduled court appearance, the court may issue a bench warrant for the offense of bail jumping. Bail jumping charges can be in the first, second, or third degree.
Bail jumping in the first degree is a crime that involves an individual who fails to appear at a court date for a Class A or Class B felony. These crimes may include murder, rape, assault with a deadly weapon, robbery, terrorism, kidnapping, bribery, drug trafficking, and more. The penalties for this offense could result in a maximum prison sentence of up to seven years as well as a $5,000 fine as stated in New York Penal Law 215,
Bail jumping in the second degree involves an individual who fails to appear at a court date that is for a pending felony. This is a Class E felony, which is punishable with a maximum prison sentence of four years and a maximum fine of $5,000.
Bail jumping in the third degree is when an individual fails to appear at a court date for a criminal action, which may include misdemeanors and violations. This is a Class A misdemeanor that can result in a maximum prison sentence of one year, three years of probation, or a maximum fine of $1,000.
What are Defenses to Bail Jumping and Failure to Appear?
An individual who is charged with bail jumping or failure to comply with an appearance ticket has a valid defense when he or she could not appear due to unavoidable circumstances that were beyond their control. However, an individual must prove that his or her failure to comply with an appearance ticket was valid within 30 days of the scheduled court date the individual missed. Some reasonable defenses that are valid defenses may include a car accident, hospitalization, or the defendant’s vehicle broke down on the way to court. In addition, if an individual is incarcerated in another jail or isn’t provided with adequate information about his or her scheduled court date, it could be used as a valid defense.
If you are arrested due to a bench warrant, which involves a failure to appear charge, the police have the authority to take the accused into custody at any given time or place, which could include work, social events, or place of residence.
Due to the 30 day grace period in New York that concerns failure to appear, it is vital to address the situation as soon as possible. If you discover that you have missed a court date, you should contact a skilled criminal defense attorney immediately. A New York criminal defense attorney can advise you on which is the course of action to take, and he or she understands how to develop a strong case that will significantly increase the chances of a positive outcome.
Mar 31, 2020
May 17, 2018
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