How to Check if You Have a Bench Warrant in NY
How to Check if You Have a Bench Warrant in NY
Discovering that you have a bench warrant for your arrest can be daunting. Bench warrants are issued by a judge, often because of failure to appear in court, non-compliance with a court order or other legal issues. In New York, staying informed and taking proactive steps to address a bench warrant is crucial. Here’s a concise guide on checking for a bench warrant and what steps to take if you find one.
What is a Bench Warrant?
In New York, a bench warrant is a legal document issued directly by a judge that authorizes the arrest of an individual. This type of warrant is typically issued for reasons related to court procedure rather than new criminal activity.
Unlike arrest warrants, which are typically issued based on probable cause that a person has committed a crime, bench warrants are issued when a person fails to comply with the court’s directives. The name “bench warrant” originates from the fact that the judge (the “bench”) orders the warrant directly.
Different Types of Bench Warrants in NY
In New York, bench warrants are issued for various reasons, primarily relating to failures to comply with court orders or procedures. While the term “bench warrant” broadly covers warrants issued directly by a judge from the bench, there are different scenarios under which they can be issued, each reflecting the nature of the non-compliance or the specific legal requirements not met by an individual. Here are some of the different types of bench warrants you might encounter in NY:
Failure to Appear (FTA) Warrants
These are among the most common bench warrants and are issued when an individual fails to appear in court on a scheduled date. FTAs can be issued for various cases, from misdemeanors and felonies to traffic violations and civil cases.
Failure to Pay a Fine
When a court imposes a fine as part of a sentence or judgment, and the individual fails to pay it within the stipulated timeframe, the judge may issue a bench warrant for their arrest. This is often seen in cases involving traffic tickets, minor infractions, or criminal fines.
Failure to Comply with a Court Order
This category includes a range of non-compliant behaviors, such as failing to complete community service hours, not attending a court-ordered class or program (like DUI school or anger management courses), or violating a protection order. Bench warrants issued in these instances compel the individual to appear in court to address the non-compliance.
Child Support Warrants
Specifically issued for failing to pay court-ordered child support, these warrants are a subset of failure to comply with a court order. Due to the nature of the violation, these warrants can sometimes involve interagency cooperation, including the involvement of child support enforcement agencies.
Probation Violation Warrants
Issued when someone on probation fails to meet the terms of their probation. This could include missing meetings with a probation officer, failing drug tests, committing new crimes, or not completing mandated programs.
Contempt of Court Warrants
These are issued for actions considered disrespectful to the court or its processes beyond failing to appear. Examples include failing to respond to a subpoena, not producing documents or evidence as ordered, or directly disrespecting the court during proceedings.
Indications That You May Have a Bench Warrant
Identifying that you may have a bench warrant for your arrest can be tricky, especially if the court or authorities have not directly contacted you. However, some several signs and situations could indicate the existence of a bench warrant:
- Missed Court Appearance: If you were scheduled to appear in court for any reason—a traffic violation, misdemeanor, or felony hearing—and failed to show up, the court likely issued a bench warrant for your arrest.
- Failure to Pay Fines or Child Support: Not paying court-ordered fines, fees, or child support can lead to the issuance of a bench warrant. Courts often resort to bench warrants to compel individuals to comply with their financial obligations.
- Non-Compliance with Court Orders: Failing to complete court-mandated programs, such as DUI classes, community service, or probation requirements, can result in a bench warrant. Courts issue these warrants to enforce compliance with their orders.
- Notification from an Attorney or Bail Bondsman: If you have an attorney or had previously worked with a bail bondsman, they might inform you of a bench warrant if they receive notification from the court.
- Contact from Law Enforcement: In some cases, law enforcement officers may contact you directly or visit your last known address, attempting to serve the warrant. While they might not always disclose the reason for their visit, it could be due to a bench warrant.
- Difficulty in Obtaining Government Documents: Experiencing unexpected issues when renewing or obtaining government documents such as your driver’s license or passport could indicate a bench warrant. Some systems automatically flag individuals with outstanding warrants.
- Background Checks for Employment or Housing: If a background check is conducted for employment, housing, or other purposes, and you are denied based on the results, this could indicate the presence of a bench warrant.
- Unusual Correspondence: Receiving official court notices, especially those indicating a missed court date or compliance issue, can clearly indicate a bench warrant.
If you suspect that there may be a bench warrant out for your arrest, it’s important to take immediate action. Consulting with a criminal defense attorney can help you verify the existence of a warrant and advise you on the best course of action to resolve the situation. An attorney can also assist you in surrendering to the authorities in a controlled manner and can represent you in court to address the bench warrant and any underlying legal issues. Here’s how to check if you have a bench warrant in NY
How To Check if You Have a Bench Warrant In NY
To check if you have a bench warrant in New York, there are several approaches you can take:
1. New York State Division of Criminal Justice Services (DCJS)
The DCJS maintains a database of warrants issued across the state. You can search their website for your name to see if a warrant appears active in your name.
2. Court Inquiry
If you suspect you may have a bench warrant, you can contact the court where your case is pending to ask if a warrant is out for your arrest. The New York State Unified Court System’s website also offers information about active warrants, providing a centralized resource for checking warrant status.
3. Local Law Enforcement
Visiting your local police department or sheriff’s office is another way to check for a warrant. However, be aware that this could lead to your arrest if there is an active warrant.
4. Law Enforcement Agency Portals
Some local law enforcement agencies in New York provide online portals for active warrant searches. For example, the Onondaga County Sheriff’s Office and the Erie County Sheriff’s Office maintain portals where you can search for warrants issued by providing a subject’s last name or the reason for the warrant.
What To Do If You Discover You Have a Bench Warrant
Discovering you have a bench warrant can be unsettling, but handling the situation proactively is crucial to minimize potential legal consequences. Here’s what you should do if you find out you have a bench warrant:
Consult with a Criminal Defense Attorney
Before taking any action, consult with a criminal defense attorney experienced in dealing with bench warrants. We can provide legal advice tailored to your situation and help you navigate the legal process more effectively.
Do Not Ignore the Warrant
Ignoring a bench warrant will not make it disappear. On the contrary, it can lead to more severe consequences, including arrest at an inconvenient time or place. Taking prompt action is essential for resolving the warrant.
Understand the Reason for the Warrant
Determine why the bench warrant was issued. Common reasons include failing to appear in court, not paying fines, or not complying with court orders. Knowing the reason will help your attorney develop a strategy to address the warrant.
Prepare to Address the Underlying Issue
With your attorney’s help, prepare to address the issue that led to the issuance of the bench warrant. This may involve paying outstanding fines, completing court-ordered programs, or appearing in court to explain your failure to comply with previous orders.
Turn Yourself In, If Advised
You might need to turn yourself in based on your attorney’s advice. Doing so voluntarily can sometimes lead to more favorable treatment by the court. If you decide to surrender, do it through the proper channels, ideally with your attorney’s assistance.
Follow Court Procedures
After turning yourself in, you’ll likely need to appear before a judge to address the warrant and the underlying issues. Your attorney can argue on your behalf, seeking to minimize penalties or resolve the matter in the best possible way.
Resolve the Warrant and Comply with Court Orders
Finally, work with your attorney to resolve the bench warrant and comply with any resulting court orders. This might include paying fines, serving community service, or other penalties. Compliance is crucial to avoid further legal issues.
Taking these steps can help mitigate the impact of a bench warrant on your life. Remember, the guidance of a skilled criminal defense attorney is invaluable in navigating the complexities of the legal system and working toward a resolution of your case.
How a Criminal Defense Attorney Can Help
At Varghese & Associates, P.C., our experienced criminal defense attorneys are dedicated to guiding you through the complexities of the legal system with the following services:
- Immediate Legal Support: Offering advice and representation from the moment you’re facing charges or discover a bench warrant.
- Case Investigation: Conducting thorough investigations and evidence review to build a robust defense strategy.
- Bench Warrant Management: Assisting in resolving bench warrants, including court negotiations to avoid arrest.
- Court Representation: Advocating for you in all court appearances, aiming for charge dismissal or reduction.
- Negotiations: Engaging in plea bargaining with prosecutors to minimize penalties.
- Trial Advocacy: Providing aggressive representation in trial to defend your rights and achieve a favorable outcome.
- Post-Trial Assistance: Supporting you beyond the trial, including appeals and efforts to clear your record.
- Tailored Legal Advice: Offering personalized advice based on the unique aspects of your case.
Ready to Clear Your Bench Warrant? Contact Varghese & Associates, P.C. Today
Facing legal challenges can be overwhelming, but you don’t have to navigate them alone. The experienced team at Varghese & Associates, P.C. is here to help if you’re dealing with a bench warrant or any criminal charges. Our dedicated NYC criminal defense attorneys are ready to provide you with the aggressive representation and personalized legal advice you need. Don’t let a bench warrant dictate your life. Contact us now to take the first step towards resolving your legal issues and securing your future.
