Finding that you have an outstanding warrant can be frightening. You may not know what to do or what steps to take next. Warrants can be issued for many reasons, including missed court dates or unpaid fines. Regardless of the reason, it’s important to take action right away. The Law Offices of Robert Tsigler, PLLC, can explain how to know if you have a warrant in New York can help you avoid additional legal complications in the future.
Warrants in New York
A warrant is a legal document signed by a judge. It gives law enforcement permission to perform a certain action. This could involve arresting an individual or searching an establishment. Warrants do not have an expiration date. Rather, they are given until the warrant is executed or deleted by the court. The most common types of warrants are:
- Search warrants. This gives the authorities the right to search a property because it may have evidence related to a crime.
- Bench warrants. This is issued when individuals fail to appear in court when they were scheduled to do so.
- Arrest warrants. This is issued when an individual is reasonably believed to have committed a crime.
In New York City, the state’s most populous city, as of January 2024, there were over 1 million outstanding criminal warrants. These were as follows:
- 827,945 by the Summons Court
- 414,601 by the Criminal Court
- 48,705 by the Supreme Court
A Look at Different Types of Warrants in Detail
While some people assume that all warrants are the same, this isn’t true. New York criminal defense laws and court proceedings cover multiple types of warrants, and the mechanisms behind each are different. Understanding their functions can help you better assess your situation.
What Is a Bench Warrant?
A bench warrant is one of the most common types of warrants issued in New York. These are issued directly by a judge when an individual fails to comply with a court order or appear for a court proceeding.
Common situations that can trigger a bench warrant include:
- Failing to appear for a scheduled criminal court hearing
- Missing a child support hearing
- Violating the terms of a protective order
- Ignoring a subpoena for testimony or document production
- Failing to pay court-ordered fines or penalties
- Violating probation requirements
- Failing to comply with other court directives
Once a bench warrant is issued, law enforcement may be authorized to take an individual into custody and bring them before the court.
Arrest Warrants and Serious Criminal Charges
An arrest warrant is typically issued when a judge has probable cause to believe that a crime has been committed and that a specific individual committed it.
Unlike bench warrants, which generally arise from a failure to comply with court orders, arrest warrants are connected to alleged criminal conduct. In many lower-level cases, prosecutors may rely on a Desk Appearance Ticket (DAT) or criminal summons rather than immediately seeking an arrest warrant. This allows an individual to appear in court voluntarily on a future date.
However, when the alleged offense is more serious, courts may determine that a summons is not sufficient to make sure the person will appear. Arrest warrants are commonly sought in cases of felony allegations, but they can be issued in other cases, depending on the circumstances, including:
- The seriousness of the offense
- The defendant’s criminal history
- Prior failures to appear in court
- Flight risk concerns
- Community safety concerns
Arrest warrants can be common in New York. The state has about 20 million residents, and crime rates can vary by city. 2024 saw 380 violent crimes and 1,720 property crimes for every 100,000 individuals. While 2024’s crime rate was 63% lower than it was in the 1990s, there are still many active warrants, and many affected individuals may not even know about theirs.
Extradition Warrants (Fugitive Warrants)
Another important but less commonly discussed category is the extradition warrant, sometimes referred to as the fugitive warrant. These warrants typically arise when an individual is wanted in one state but is in another jurisdiction.
For example, if someone is charged with a crime in New York but leaves the state before the matter is resolved, New York authorities may seek extradition to have the person returned to face the charges.
The extradition process can involve:
- Arrest in the state where the individual is located
- Verification of the outstanding warrant
- Court proceedings regarding extradition
- Transfer to the requesting jurisdiction
Extradition cases can be very complex, especially when multiple states are involved, or questions arise concerning the warrant’s validity. When you are facing a situation like this, it’s crucial to call a lawyer from our firm. Our knowledge of criminal defense laws related to all types of warrants can help you navigate a tense situation with calm and clarity.
Checking for Warrants in New York
If you think you may have a warrant, it is important to act immediately. Fortunately, there are steps you can take to check to see if you have a warrant. This way, you can verify your status with the authorities.
First, you can contact your local criminal court. In New York City, you can learn more about arrest warrants by calling the Criminal Court’s information line or visiting the arrest office. If you opt to go in person, please bring accepted identification. Offices are normally open Monday through Friday, 9 a.m. to 5 p.m.
You can also check your status by searching on law enforcement websites. For example, Erie, Broom, and Washington Counties all have active warrant lists on their websites. These websites permit you to search for warrants by name. You may also leave your contact information to request additional information.
The New York State Division of Criminal Justice Services (DCJS) provides an avenue for requesting your criminal history record. This includes submitting fingerprints and a financial charge. The record will show if there are any outstanding warrants or other criminal history information associated with your identity.
Additionally, you want to make sure that you secure legal counsel, especially if it shows that you do have an outstanding warrant. A criminal lawyer can advise you on your next steps so you are properly informed on what to do next.
What To Do If You Have a Warrant
If you discover that you do have a warrant, the most important thing to do is to remain calm. You do not want to make any rash decisions, such as fleeing the state, even if the warrant is due to a misunderstanding, as that can result in further legal troubles.
Do not ignore the warrant. It will not go away if you choose to do nothing about it. Essentially, you are likely just putting off the inevitable. This can lead to an unexpected arrest at an inconvenient time.
Consult an attorney right away. They can advise you on a suitable course of action for your particular situation and may even be able to negotiate on your behalf.
You may choose to voluntarily surrender yourself to law enforcement. This helps show initiative and may help your case later.
Finally, prepare as much as possible for court. Gather all the evidence you need for a criminal defense case. Your attorney can inform you of everything you need. Be sure to attend all future court hearings and arrive on time. Showing favorable behavior may lead to reduced penalties if you are convicted.
The Impact of a Warrant
Having an active warrant does not only put your criminal record at risk. There are additional penalties beyond the court. Individuals with warrants may face trouble with employment, as warrants may show up on background checks performed by employers.
If traveling, having an active warrant can lead to you being detained and deported, or you may not be allowed to travel.
Additionally, in some instances, the severity of punishments may be increased the longer an individual waits to turn themselves in.
FAQs
Q: Can You Resolve a Warrant Without Turning Yourself In?
A: In some instances, you can resolve a warrant without turning yourself in. Depending on the type and nature of the warrant, your attorney could resolve the issue without you having to appear in court. However, not all courts allow this, especially for serious charges, so be sure to speak with your attorney about your options.
Q: What Happens If I’m Unaware of a Warrant and Get Stopped by the Police?
A: If you are unaware that you have a warrant and get stopped by the police, they will likely arrest you. They have the legal right and obligation to do so, whether you are aware of the warrant or not. This can result in prompt custody and transfer to the appropriate jurisdiction. That is why it is critical to verify your status on a regular basis and address any warrants before encountering unforeseen situations.
Q: Will I Be Notified If I Have a Warrant in New York?
A: If a warrant is issued against you in New York, you will most likely be told indirectly. Bench or arrest warrants may be issued without your knowledge, particularly for missing court dates or unpaid fines. This is why, if you feel there is a legal concern, you should check your status ahead of time.
Q: What Are the Four Main Types of Warrants?
A: The four main types of warrants are:
- Search. This empowers authorities to search a suspect’s property.
- Bench. This can compel a person to appear in court.
- Arrest. Law enforcement can take an individual into custody if they have this type of warrant.
- Extradition. One jurisdiction can retrieve a suspect from another jurisdiction through this warrant.
Hire a Criminal Defense Lawyer
If you believe that you have an outstanding warrant, act quickly and hire a criminal defense lawyer from our firm. If you discover that you do have a warrant, a New York criminal defense attorney at the Law Offices of Robert Tsigler, PLLC, can provide detailed counsel and skilled advocacy. Contact us today for more information.
