QUESTION
What can I do about an outstanding warrant?
Asked on Jun 22nd, 2012 on Criminal Law - New York
More details to this question:
I have a warrant that is 9 years old in New York. I currently live in Missouri. In 2003 I wast notified that there was a NY Warrant on me. My attorney here in Missouri worked out a deal with the New York prosecutor where I would pay restitution on an E Felony - overpayment of unemployment benefits, probation, suspended sentence. The prosecutor was on board with this and I had New York legal representation to appear on my behalf. The check was sent, the Affidavit was notarized and signed and when the NY attorney appeared on my behalf, the court would not accept the check but accepted the affidavit. When my attorney in Missouri tried to contact NY - no response. In 2007 I received a Warrant Notice and immediately contacted the detective. Again, my attorney explained what was in place to him and he gave us a contact in the DA's office. No response. It is now 2012 and I received a Warrant Notice again - there is nothing in the court system for a warrant and/or case filed. The amount of restitution is under $2,000 and I have the money to make restitution. I have never been in trouble before this incident, am employed full time as well as maintaining a very positive and productive life here in Missouri. What are my options?
4 ANSWERS
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You should surrender in NY.
Answered on Jul 06th, 2012 at 1:08 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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The case is so old that it would be hard to prosecute. In any event, you are CRAZY to plead to an E-felony that will effect everything in your life. My advise would be to retain a New York attorney to work out a plea for a misdemeanor, restitution, and surrender deal with the prosecutor BEFORE you step foot in NY. You are going to have to get on a plane, come to NY and surrender there is nothing you can do about that. But do not plead to a felony that's insane.
Answered on Jul 05th, 2012 at 9:44 PM
Bruce Arthur Plesser
The warrant should be vacated if case is over.
Answered on Jul 03rd, 2012 at 2:59 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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I am surprised that a Judge would accept a felony plea without you actually being present in the courtroom. I think the only way you can resolve this is to surrender on the warrant and deal with the case in court.
Answered on Jul 03rd, 2012 at 2:50 PM