We often get asked, “can a defense lawyer get a bench warrant lifted?” Here’s our in-depth exploration of this question, and our answer, depending on the type of warrant.
The statute of limitations for a misdemeanor is usually one year, and the statute of limitations for a felony is usually five years. But there is no statute of limitations regarding criminal records, at least in most cases. Typically, a conviction stays on your permanent record forever.
Warrants are a mixed bag in this area. Search warrants are usually only valid for a few hours or days at most. But there is no statute of limitations on arrest and bench warrants.
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In most cases that Rochester defense lawyers handle, an officer pulls over a defendant for rolling through a stop sign or another minor offense. The warrant pops up on the computer, even if the warrant is several decades old. At that point, department policy usually mandates an arrest.
From a certain point of view, every warrant is a bench warrant. Only judges may issue warrants. But search and arrest warrants are based on probable cause affidavits. A judge issues a bench warrant upon their initiative, usually for failure to follow a court order.
A Rochester defense lawyer can get a bench warrant lifted and put the case back on the docket in many situations. Generally, there’s no court appearance required. Once the case is on the docket, several defenses are usually available. For example, most traffic court FTA bench warrants are so old that the arresting officers are long gone, as are any material witnesses.
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FTA (Failure to Appear) and FTC (Failure to Comply) are the two most common traffic ticket bench warrants in New York. Failure to appear is usually, wait for it, a failure to appear in court. Frequently, defendants forget about the court date. Failure to comply is usually a missed payment or another deadline. Sometimes, courts send reminder letters in these cases. But generally, the judge issues a warrant.
Sometimes, bail bonds companies can lift these warrants. Then, the defendant must appear in court to defend the traffic ticket or show cause (explain) why s/he missed the deadline. If a Rochester defense lawyer lifts the warrant, the judge usually does not require defendants to appear, at least initially. Lawyers and prosecutors are generally able to work out deals in these situations.
Most felony and misdemeanor bench warrants have special provisions, so bonding companies cannot work with them, at least in most cases. Usually, criminal bench warrants are for contempt of court. Examples include failing to:
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Let’s expand on that final bullet point. By far, the two most common probation violations are committing another infraction against the state of New York and failing to report. Failure to pay fees or restitution is a somewhat distant third, not because these violations are uncommon, but because there are some Constitutional issues.
At a show-cause hearing in traffic court, judges are usually willing to accept semi-legitimate excuses, such as the inability to afford defensive driving. But at a misdemeanor or felony show cause hearing, there’s usually no such thing as a valid excuse.
In ye olden days, Rochester defense lawyers often got these cases thrown out on a technicality. Section 30.30 (4)(c) once required the state to prove due diligence in serving the warrant. In other words, the state had to try hard to serve the warrant. Letting it sit in the computer wasn’t good enough. But that law changed in 1996.
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So, the best option in a criminal court bench warrant case is usually to surrender at a county jail and work out a plea agreement with the state. This agreement usually includes an extension of time to comply or similar light punishment.
If the judge issues a bench warrant, you must do something about it straight away. For a free consultation with an experienced Rochester defense lawyer about how to get a bench warrant lifted, contact the Law Office of Frank Ciardi. We routinely handle matters in Monroe County and nearby jurisdictions.
The information in this blog is provided for general informational purposes only and should not be used as a substitute for legal counsel on any subject matter.Put the legal experience of Louisiana Arrest Warrants & Attachments Lawyer Paul Massa to work for you! Attorney Paul Massa can fix that!
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Over 12, 500 satisfied clients since 1991 I can have Louisiana traffic ticket arrest warrants and attachments for arrest recalled in the City Courts, Parish Courts and Municipal Courts across Louisiana.
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YES – Lafayette police make an effort to arrest every person with an outstanding traffic warrant in the city. Traffic warrants are real warrants. If you are identified by a Lafayette police officer or Louisiana trooper while you have an outstanding traffic warrant you are subject to immediate arrest. This is true even if your traffic ticket was for something simple like expired license plates, having a light out, or running a red light, or even a computer mistake.
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If you have an outstanding Lafayette traffic arrest warrant that has been reported to DMV, you can not renew your Louisiana driver’s license. Let us do what it takes to get your driver’s license straightened out.
Paul Massa Traffic Law Attorney Over 12, 500 Louisiana traffic & speeding ticket cases resolved since 1991 Attorney Paul Massa has proven success in courts across the state of Louisiana for traffic and speeding tickets. No Cost Consultation No Cost Legal Fee Quote No Office Visit Necessary No Stress for You I do all the work and appear on your behalf. It’s that simple.
Unpaid Lafayette traffic tickets and citations don’t ever resolve themselves. They only get more complicated, costing you in many ways: money, time, missed work, a suspended license and even arrest. If you have an arrest warrant or attachment for your arrest due to an unpaid traffic ticket(s) or citation(s), it is best to deal with it immediately before the situation gets more complicated and more costly. Talk with experienced traffic ticket arrest warrant lawyer Paul Massa.
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Bench Warrant: If you failed to show up for court, or made a court appearance, but you failed to comply with the orders of the court, then they may have issued a bench warrant. You often have two options: resolve the issue or go to jail. I always recommend resolution over jail.
What happens after the arrest warrant is resolved through our legal services? If your Loiusiana traffic ticket has an arrest warrant attachment or a bench warrant for your arrest has issued because you missed the Court date on the ticket, I can help you with the traffic ticket violation in court by negotiating an agreement with the prosecuting attorney or judge in addition to resolving your arrest warrant.
If your Louisiana ticket went into warrant after you have made arrangements with the Court or Court window or clerk, often I can arrange to reinstate the original agreement with additional time to complete the requirements.
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Don’t Risk Going To Jail! If you have been contacted by the Louisiana courts, turn to the traffic ticket warrant attorney Paul Massa for a free consultation of your New Orleans traffic warrant case. I offer services throughout the State of Louisiana.
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