Understanding Bench Warrants in NY
Queens Criminal Defense Lawyer
A bench warrant is a type of
warrant that is issued by a judge for those in contempt of court or a failure
to appear as required in court by the defendant in either a criminal or
civil trial. If a person has an outstanding bench warrant, law enforcement
offers are obligated to arrest the person and take them to jail immediately.
In many cases, the defendant will be allowed a higher bail and a new court
date with possible new conditions of the charge. In situations where the
suspect is thought to be a flight risk, the court may not allow bail and
the defendant will remain in jail until his or her scheduled court date.
We advocate on behalf of individuals throughout Queens, Brooklyn, The Bronx,
Manhattan, Rockland County and Westchester County.
Are you facing arrest in Queens?
In many cases, a person may not even know that a bench warrant has been
issued for their arrest. This occurs often when there the notice to appear
in court was not received due to a move or other problem and suspects
may not become aware of their bench warrant until a traffic stop from
a traffic violation, arrest and ensuing stay in jail. The negative impacts
of a bench warrant can range from the risk of arrest at any time, to inability
to get certain jobs, loans and more. There are a wide variety of reasons
why a failure to appear in court may occur and a strong criminal defense
attorney can move forward quickly to get the matter resolved.
Understanding Contempt of Court
Failing to appear before court or to serve a jury summons is considered
contempt of court, which is a punishable offense that should be avoided
at all costs. The penalties for a contempt of court offense can be quite
serious depending on the situation and circumstances behind your decision
to flee. Though judges are ultimately responsible for issuing warrants,
individuals can file an affidavit requesting a bench warrant for your
arrest. An example of a situation in which an individual would want to
file for a bench warrant is if a former spouse refuses to pay child support.
The bench warrant would effectively bring the offending party before a
judge to answer for his or her actions.
Representation from a Queens Defense Attorney
If you are aware of an outstanding bench warrant in your name, it is absolutely
a better decision to resolve the matter before law enforcement resolves
it for you. Fighting a bench warrant can be a challenge in some cases,
but taking pre-emptive action is often a step in the right direction in
terms of a demonstration of responsibility - which the court appreciates.
Musa-Obregon & Associates can help to build a strong case to fight
your bench warrant and their dedicated attorneys will work hard to make
sure that you get the fair representation you are entitled to under the law.
To learn more, call our Queens criminal defense firm for a
confidential case review.