How to vacate a bench warrant in New York City

People often call, worried that they have a warrant, or heard that there was a warrant out on them. What should you do if you think there’s a warrant on you, and the police are looking for you?

The first thing you should do is call the experienced criminal defense attorneys at Dusenberry & Dusenberry at 718-625-1777, and we can help you avoid being grabbed off the street or from your home or job.

A warrant is a notice sent to all law enforcement that you are to be arrested on sight, and brought before a judge in the jurisdiction that issued the warrant. In NYC, that often means the NYPD Warrant Squad has your name on a list, and will come knocking at your door or look for you at your workplace. For some criminal charges, they may bring a battering ram and knock down the door of your last address in the middle of the night, looking for you.

A warrant is a serious thing.

If you believe that you might have a warrant out for you, your NYC criminal defense attorney can call the NYPD’s warrant squad and find any information about an open warrant. You may need to provide your NYSID number to them and additional information so that they can pull up your records.

To vacate the warrant, you need to call the clerk, or appear in the Court that issued the warrant. It’s best to appear as a “voluntary return”, instead of being brought in front of the judge in handcuffs. You should speak to a lawyer before surrendering yourself.

The two kinds of arrest warrants:

Bench Warrant – issued for a defendant’s arrest if they to appear for a court proceeding. People are often returned to the particular Judge’s courtroom that issued the warrant, when there is a pending criminal case.

Arrest Warrant – This is a warrant authorizing the Police to arrest you. A law enforcement agent must present evidence that was obtained after an investigation or an arrest to a Judge and ask the court to issue an arrest warrant. This can happen after a sealed indictment, where the government does not want to alert the Defendant that they are being investigated. In this case you will be brought before the Court for arraignment, after the case has been presented to the Grand Jury.

Other types of warrants are Federal Warrants, Executive Law Warrants (Office of Children and Family and Parole Violations) and Family Court Warrants.

Search Warrants – these are court orders directing officers to conduct a search of designated premises, or vehicle, or person, to seize the designated property or kinds of property, and to deliver it to the court (refer to Section 690.05 of the New York State Criminal Procedure Law).

To vacate the warrant the accused should go to the Clerks Office in the County where the case is being heard. The clerk will then send the person’s file to Part that is dealing with warrants.

For more information on Bench Warrants, see CPL 530.70, CPL 120.30. For more information on Arrest Warrants see CPL 120.28 & CPL 120.29

What do I do if there is a warrant out for my arrest?

If you think there is a warrant out for your arrest, you most likely are anxious and scared. An arrest warrant can be issued for a variety of offenses, such as failure to appear in court for a minor traffic offense. Below is an overview of arrest warrants and what you can do if you think you are in danger of being arrested.

The Basics Of Arrest Warrants

An arrest warrant must be issued by a judge. If you fail to appear to court proceedings for any reason, a judge can issue a bench warrant for your arrest. If an officer has reason to believe you participated in a crime, he may ask a judge to issue a warrant for your arrest. Some states allow officers to obtain an arrest warrant from a judge by telephone. Others require a written application before a warrant can be issued.

The Effects Of An Arrest Warrant

If you have a warrant out for your arrest, you can be taken into custody at any time. This could be during a routine traffic stop or officers could show up at your home or place of business and arrest you. Once you are arrested, you will go to jail until it is determined if you are able to post bail or not. Bail is set according to your prior criminal history and the severity of the crime you are charged with. You may not be allowed to post bail until you go before a judge in a first appearance hearing.

How To Determine If You Have A Warrant

In most states, you can check online to determine if you have an arrest warrant. To do this, you must log onto the sheriff’s office data base in the county where you live to perform a warrant search. There are also many third party websites that will perform a warrant search for a fee. To perform a search you must input your name, date of birth and the county in which you live. If there is an active warrant it will contain information such as the type offense you are charged with, the date of the warrant and whether the case is classified as a misdemeanor or a felony.

What To Do If You Have A Warrant For Your Arrest

If you confirm that an active warrant is out for your arrest, you cannot ignore it. Failure to address the situation will only make things worse in the end, because you will be arrested sooner or later. To serve a warrant the police may not only come to your home, but the homes of family members if they cannot locate you. For this reason, it is best to seek the advice of a criminal defense attorney as soon as possible.

Hiring an attorney to represent you may cost you money, but it could save you in many ways down the road. An experienced criminal defense attorney can appear with you in court to face the charges and help you obtain a reduced sentence. Learning that you are facing arrest for a crime is a stressful time, but having an experienced attorney on your side may help you obtain the best possible outcome.