QUESTION
Brother from Europe was caught shoplifting in NYC. Can I go to court instead of him?
Asked on Aug 30th, 2012 on Civil Rights - New York
More details to this question:
My brother, who came to NYC for a month as a tourist from Europe got caught shoplifting. He dropped a small wallet in the bag with $100 dollars worth of merchandise he already paid for. He had to go to jail for a bit and he was let go after I brought in his foreign passport; although I had to witness that he signed a form that he will be coming to court in a few months. This is not an option for him to fly to the US during the school year, plus the tickets are very expensive. Could I somehow resolve this myself ? Is there a way I could represent him in the court?
1 ANSWER
Criminal Defense Attorney serving New York, NY
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Nass & Roper Law, LLP
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Unfortunately, no. It all really depends on what he's facing (i.e. charged with) as well. It is likely a Misdemeanor in which case he would have to appear. If he doesn't appear a bench warrant will be issued for his arrest and the next time he lands in the US he will likely be immediately arrested. The only way around this is if he were to hire an attorney and sign a waiver allowing that attorney to appear on his behalf. If you are not an attorney, you can not appear on his behalf (unless for emergency purposes like he was recently admitted to the hospital, etc.).
If you'd like, my firm would be more than happy to handle the appearance for him. Please feel free to call if you'd like - 718-775-3246.
Evan Nass, Esq.
Answered on Sep 04th, 2012 at 12:59 PM