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Vacating Bench Warrants NYC
Vacating Bench Warrants in New York City
Warrants are recorded in New York State’s computer databases, which informs all law enforcement that a warrant is outstanding.
If you believe that you might have a warrant out for your NY criminal defense attorney can call the NYPD’s warrant squad and see if you obtain any information about an open warrant. You will need to provide your NYSID number to them and additional pedigree information so that they can pull up your records.
Vacating the Warrant
To vacate the warrant, you need to appear in the Court that issued the warrant. You can appear in one of the boroughs’ warrant squads, your local Police precinct, or a Police agency if your are outside of New York State and the Police will bring you in on the warrant. Regardless of where you go, only the Court of issuance can set aside the warrant. It is always a better choice for an individual to appear in the Court Clerks office him or herself and “voluntary” surrender than to have the Police bring them in to Court.
Types of Arrest Warrants
Bench Warrant – A court order issued for a defendant’s arrest if he or she fails to appear for a court proceeding other than an arraignment. You are returned in this scenario to the particular Judges courtroom. A criminal action is already pending in this scenario.
Arrest Warrant – This is a formal document authorizing the Police to arrest you. In this scenario, a law enforcement agent will present evidence that was obtained after an investigation or an arrest to a Judge and ask that a Judge issue an arrest warrant. This can happen after a sealed indictment. A sealed indictment is used when the Prosecutor does not want to alert the prospective Defendant that they are being investigated. In this case you will be brought before the Court for the purpose of an arraignment on the accusatory instrument.
Additional Types of Warrants
Other Warrants – include NYS CPL Warrants not described above, other State and Federal Warrants. Executive Law Warrants (Office of Children and Family and Parole Violations) and Family Court Warrants.
Search Warrants – A court order and process directing a police officer or peace officer appointed by the state university to conduct a search of designated premises, or of a designated vehicle, or of a designated person, for the purpose of seizing designated property or kinds of property, and to deliver any property so obtained to the court which issued the warrant (refer to Section 690.05 of the New York State Criminal Procedure Law).
Warrants expire upon death of the defendant or when the defendant appears before the Judge that issued the warrant.
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
To vacate the warrant the defendant must go to the Central Clerks Office in the County where the case is being heard. The Defendant should have his/her full name, date of birth, and either the Docket or Arrest number. The Clerk will then retrieve the file and send it up to Part that is dealing with warrants.
In any situation dealing with warrants, it is imperative that the individual listed on the warrant retain counsel. Counsel can then arrange a surrender to the Court. This will be a voluntary return opposed to an involuntary return. This will increase the likelihood that no bail or minimal bail will be set. This will also protect the client from saying something to law enforcement that could incriminate them or be used against them later on. This can also assist in minimizing additional consequences such as unnecessary Order of Protection being issued.
For more information on Bench Warrants, see CPL 530.70, CPL 120.30. For more information on Arrest Warrants see CPL 120.28 & CPL 120.29
What do I do if there is a warrant out for my arrest?
If you think there is a warrant out for your arrest, you most likely are anxious and scared. An arrest warrant can be issued for a variety of offenses, such as failure to appear in court for a minor traffic offense. Below is an overview of arrest warrants and what you can do if you think you are in danger of being arrested.
The Basics Of Arrest Warrants
An arrest warrant must be issued by a judge. If you fail to appear to court proceedings for any reason, a judge can issue a bench warrant for your arrest. If an officer has reason to believe you participated in a crime, he may ask a judge to issue a warrant for your arrest. Some states allow officers to obtain an arrest warrant from a judge by telephone. Others require a written application before a warrant can be issued.
The Effects Of An Arrest Warrant
If you have a warrant out for your arrest, you can be taken into custody at any time. This could be during a routine traffic stop or officers could show up at your home or place of business and arrest you. Once you are arrested, you will go to jail until it is determined if you are able to post bail or not. Bail is set according to your prior criminal history and the severity of the crime you are charged with. You may not be allowed to post bail until you go before a judge in a first appearance hearing.
How To Determine If You Have A Warrant
In most states, you can check online to determine if you have an arrest warrant. To do this, you must log onto the sheriff’s office data base in the county where you live to perform a warrant search. There are also many third party websites that will perform a warrant search for a fee. To perform a search you must input your name, date of birth and the county in which you live. If there is an active warrant it will contain information such as the type offense you are charged with, the date of the warrant and whether the case is classified as a misdemeanor or a felony.
What To Do If You Have A Warrant For Your Arrest
If you confirm that an active warrant is out for your arrest, you cannot ignore it. Failure to address the situation will only make things worse in the end, because you will be arrested sooner or later. To serve a warrant the police may not only come to your home, but the homes of family members if they cannot locate you. For this reason, it is best to seek the advice of a criminal defense attorney as soon as possible.
Hiring an attorney to represent you may cost you money, but it could save you in many ways down the road. An experienced criminal defense attorney can appear with you in court to face the charges and help you obtain a reduced sentence. Learning that you are facing arrest for a crime is a stressful time, but having an experienced attorney on your side may help you obtain the best possible outcome
