Free Consultations & We're Available 24/7

Call for a free consultation

212-300-5196

Spodek Law Group

✓Concierge Service. A+ Results.
✓Over 40 Years of Experience
✓Available 24/7
✓We Get Cases Dismissed

Talk To An Attorney

Service Oriented Law Firm

WE'RE A BOUTIQUE NYC CRIMINAL DEFENSE LAW FIRM. YOU WORK WITH ONE OF OUR SENIOR ATTORNEYS PERSONALLY.

Over 50 Years Experience

WE'RE ONE OF NEW YORK'S OLDEST CRIMINAL DEFENSE LAW FIRMS. TRUST 50 YEARS OF EXPERIENCE.

Multiple Offices

WE HAVE OFFICES ALL OVER NYC, AND LONG ISLAND. WE MAKE IT EASY TO MEET AND SPEAK TO AN ATTORNEY.

Nationally recognized nyc criminal lawyers

  • We offer payment plans, unlike other law firms, in order to make it so you can afford our services.
  • 99% of the criminal defense cases we handle end up with a better outcome.
  • We have over 40 years of experience handling criminal defense cases successfully.

99% Of Cases We Handle
End With a Better Outcome

View more case results

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 $5,000 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.

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.

by Leonard on Spodek Law Group
Awesome Lawyers

Spodek Law is a great firm. They are super pragmatic

Request Free Consultation

Videos

Newspaper articles

Recent Case Results

Testimonial

Very diligent, organized associates; got my case dismissed. Hard working divorce attorneys who can put up with your anxiousness. Definitely A law group that lays out all possible options and best alternative routes. Recommended for sure.

- ROBIN, GUN CHARGES ROBIN

Get Free Advice About Your Case

Spodek Law Group

140 Broadway 46th Floor,

New York, NY 10005

Phone

212-300-5196

Fax

212-300-6371

Spodek Law Group

35-37 36th St,
Astoria, NY 11106

Phone

212-300-5196

Fax

212-300-6371

Spodek Law Group

195 Montague St.

Brooklyn, NY 11201

Phone

212-300-5196

Fax

212-300-6371

Follow us on
Call Now