Attorney for Bench Warrants in Nassau County, NY
If you miss a court date in a misdemeanor or felony case then the court will issue a “bench warrant” after the failure to appear in court. In order to have the failure to appear bench warrant vacated or set aside you should hire an attorney to help you through the process.
In many cases, the failure to appear occurred because the person did not have an attorney and got confused about the next court date. A failure to appear might also occur because of a medical emergency or car trouble. Many people get so scared about going back into custody, that they continue to hide out instead of just voluntarily surrendering on the outstanding bench warrant.
Stephanie Selloni is experienced in helping individuals resolve an open and outstanding bench warrant in both the Nassau County District Court in Hempstead and the County Court in Nassau County at the courthouse in Mineola, NY. By hiring an attorney to help you voluntarily surrender on the warrant within thirty days of the failure to appear, you can also prevent any additional charges for bail jumping. Even if the bench warrant is very old, Attorney Stephanie Selloni can help.
Hiring a private attorney to present mitigation in your case and show why the failure to appear occurred might also result in the court vacating the warrant. If the court sets bail, an attorney can often argue for a lower bail amount that would save money for the client. Call (516) 972-1212 today to discuss your case with an experienced criminal defense attorney in Nassau County that represents clients in the District Court and the County Courts throughout Long Island, NY. Let her put her experience to work for you.
Bail Jumping under New York Law
In some cases, the fact that you failed to appear at a court date could result in an additional charge of bail jumping. The offense can be charged as Bail Jumping in the Third Degree under 215.55, Bail Jumping in the Second Degree under 215.56 or Bail Jumping in the First Degree under 215.57.
Bail Jumping in the Third Degree is classified as an “A” Misdemeanor under Penal Law 215.55. Under the laws in the State of New York, a person can be charged with “Bail Jumping in the Third Degree” when by court order he or she has been released from custody or allowed to remain at liberty, either upon bail or upon his or her own recognizance, upon condition that he or she will subsequently appear personally in connection with a criminal action or proceeding, and when he or she does not appear personally on the required date or voluntarily within thirty days thereafter.
The elements of the crime of bail jumping in the third degree include the following:
- That the defendant was, by court order, released from custody or allowed to remain at liberty upon bail or upon his or her own recognizance upon condition that he or she would subsequently appear personally on (date) in (county) in connection with a criminal action or proceeding; and
- That the defendant did not appear personally on the required date or voluntarily within thirty days thereafter.
Bail Jumping in the Second Degree is classified as an “E” Felony under Penal Law 215.56. Bail Jumping in the second degree has all of the requirements of Bail Jumping in the Third Degree plus an additional element that the underlying charge was a felony.
Bail Jumping in the First Degree is classified as a Class A or B Felony under Penal Law 215.57. Bail Jumping in the first degree has all of the requirements of Bail jumping in the Third Degree plus an additional element that the underlying charge were either a class A or class B felony.
Affirmative Defenses to Bail Jumping in New York
New York law provides for several different affirmative defenses to the crime of bail jumping. The burden is on a defendant to prove an affirmative defense by a preponderance of the evidence. New York law provides for the following affirmative defense to bail jumping:
- The defendant’s failure to appear on the required date or within thirty days thereafter was unavoidable and due to circumstances beyond his or her control; and
- During the period extending from the expiration of the thirty day period to the commencement of this action on _________, the defendant either:
a. appeared voluntarily as soon as he or she was able to do so;
b. the defendant’s failure to appear was unavoidable; and due to circumstances beyond his or her control.
See Penal Law 215.59
Additional Resources
Sheriff’s Department Mission to Execute Warrants – Visit the website of Nassau County, Long Island, New York to learn more about the mission of the Enforcement Division of the Nassau County Sheriff’s Department, which is to carry out orders of the New York State Courts including the execution of arrest warrants and bench warrants.
Arrest Warrants in Nassau County, Long Island, NY – Read more about resolving a felony or misdemeanor arrest warrant issued by the District Court of Nassau County in Hempstead, NY, or the County Court of Nassau County in Mineola, NY.
Attorney for Bench Warrants in Nassau County, Long Island, NY
If you missed a court date and fear that a bench warrant was issued for your arrest, act quickly to contact an experienced criminal defense attorney to discuss the best ways to resolve your outstanding bench warrant. Stephanie Selloni can act quickly to file a motion to vacate the bench warrant. She can also help you voluntarily surrender in the courtroom so that you have a chance to explain the circumstances of your failure to appear to the court.
Even for old warrants, the court does appreciate a person’s willingness to voluntarily surrender on the warrant. Hiring a private attorney can help make the process smoother and can ensure that your side of the story is told. Stephanie Selloni can also work quickly to help you resolve the underlying charge for the best possible terms so that you can put the incident behind you.
Stephanie Selloni is experienced in helping individuals resolve an open bench warrant in both the County Court in Nassau County at the courthouse in Mineola, NY, and the Nassau County District Court in Hempstead, NY. She also represents clients with outstanding warrants throughout all of Long Island, including Suffolk County and the five boroughs of New York City.
Call (516) 972-1212 today to discuss your case, criminal procedures in New York that apply to your case, and the best way to resolve the outstanding bench warrant. Call to learn more about the best way to avoid a new charge of bail jumping and resolve the underlying case on the most favorable terms possible.
Article last updated on Friday, May 29, 2015.