“I failed to appear at court and the Erie County Judge issued a bench warrant for my arrest. How long is the warrant good for?”

Andrew Tabashneck Attorney in Buffalo New York

Andrew Tabashneck attorney in Buffalo New York who specializes in Criminal Defense

A judge issues a bench warrant in cases where the Accused, for whatever reason, is unable to appear in court on the specified court date. If the accused requests an adjournment and the court grants the adjournment, then a bench warrant would not be issued. However, where the accused fails to appear, the presiding judge issues the bench warrant. Neither the police nor the district attorney has the power to issue a bench warrant. Similarly, only the presiding judge may vacate a bench warrant.

Concerning your question, a bench warrant will remain in effect until the order is vacated by the presiding judge. A judge will vacate the order where you appear before the court or if a copy of your death certificate is provided to the court. To vacate a warrant, it is important that you contact a Buffalo Criminal Defense Attorney. However, if you choose to do it yourself, you must go to the Court where the original case was pending and provide the clerk with the relevant information. The clerk will likely provide you with a short form to complete. When you go to the court, it is very important that you bring identification as this may be required. It may be best to only bring your driver’s license because there is a chance you may be arrested and then searched.

It is very important to resolve an outstanding bench warrant because all such warrants are entered into the New York Criminal Database. This database is available to all New York State police officers. If one is ever pulled over with an outstanding bench warrant, he or she will be arrested and taken to jail for processing. Once the processing is complete, one may be held overnight until he or she is taken to the court where the warrant is pending.

If you have a question, contact Andrew Tabashneck esq

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