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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 10-16-2007, 08:02 PM
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Case is closed - bench warrant stays

What is the name of your state? NYC

I hope this is a rather simple question. My friends case was closed, dismissed by the judge, however prior to that a bench warrant was issued because my friend failed to appear in court, after about 3 months the judge decided to toss the case (it was running on over 2 years in proceedings).

Can a case be dismissed and a bench warrant remain? If so then what are the repercussions of the bench warrant?
  #2  
Old 10-16-2007, 08:12 PM
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One of the problems is that he's not even in the country anymore...and because of his legal status (not a US Citizen) if he were to plead guilty to the warrant he could be deported, of course that was the same if the case had gone to trial and he was found guilty. But the judge decided to not tray him in absestencia...
  #3  
Old 10-16-2007, 08:25 PM
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No he would not plead guilty to the case that's been dismissed...I assume he would have to plead guilty to the bench warrant.

See the attorney advised him that if the case was dismissed the warrant would "go away" however now the attorney is saying otherwise.

Is it time for a second opinion?

Background: arrest was in 2005, friend spent 8 months in detention until due to neglect of ADA was granted ROR based on a 30.30. Case continues to be fought, case is to go to trail, friend takes off afraid of remand, bench warrant ordered, judge pissed that case is over 2.5 years old is going to "toss" it but will not accept another 30.30 due to warrant.
  #4  
Old 10-16-2007, 08:36 PM
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Quote:
Originally Posted by Curt581 View Post
Why would he plead guilty to a case that's been dismissed?

You're throwing out new information. If you want more, post the entire story.
**A: I don't want a secondopinion.
  #5  
Old 10-16-2007, 08:40 PM
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HG I don't quite understand your reply???
  #6  
Old 10-16-2007, 08:49 PM
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Quote:
Originally Posted by secondopinion View Post
HG I don't quite understand your reply???
Don't strain your neck looking for it...it's way too high for you to see.
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  #7  
Old 10-16-2007, 08:50 PM
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You know I have to agree, it doesn't sound the case is dismissed but according to the lawyer it is to be closed today (another court date)

So I am not crazy....see the lawyer explained all this to the friend but now has come out with somethine else.

So can you 'close' a case but not have it dismissed...I really wish I had a law degree...
  #8  
Old 10-16-2007, 08:57 PM
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Originally Posted by Zigner View Post
Don't strain your neck looking for it...it's way too high for you to see.
Oh I see it....
  #9  
Old 10-17-2007, 06:54 AM
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can you 'close' a case but not have it dismissed....
  #10  
Old 10-17-2007, 07:48 PM
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bump....

any takers on this?
  #11  
Old 10-17-2007, 09:09 PM
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Quote:
Originally Posted by secondopinion View Post
can you 'close' a case but not have it dismissed....

That makes no sense either .
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  #12  
Old 10-17-2007, 09:20 PM
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"close a case" isn't any kind of legal or procedural term. It sounds like something a defense attorney would tell a client when they just mean, "don't worry about it."

A criminal case is either pending or its disposed. Until its finally disposed by plea agreement, conviction in trial, or dismissal than it is still pending. I still don't understand exactly what happened with your friend. He needs to call the district or county court (wherever the case is filed out of) and have them tell him what cases he has pending and if there are any still pending than he needs to deal with them. If his case was dismissed than any warrant arising out of it should have been recalled, but mistakes happen. He may call his local warrant division and see they have anything on him.
  #13  
Old 10-17-2007, 10:24 PM
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Quote:
Originally Posted by Curt581 View Post
So the case is NOT dismissed.

Your post makes no sense. A bench warrant is issued on a person failing to appear on a criminal case. It's just a court order to the police to apprehend such and such person and bring him/her to court. That's all. The warrant itself is NOT a separate criminal charge which he would have to plead guilty or not guilty to.

That means that if the original case is dismissed, the warrant is typically withdrawn.

Sounds to me like the case hasn't been dismissed yet.
actually that is not always true. Unfortunately, I know this for a fact.

The faiulure to appear is a separate issue, regardless of whether the original case is dismissed.
  #14  
Old 10-17-2007, 10:57 PM
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Well it depends, and that is the type of info that the original poster needs to be telling us. If the crime alleged is one in which confinement is not a possible punishment, than failure to appear results in a new offense which is dealt with separately from the original offense. The failure to appear is basically a charge of contempt of court and a warrant issues as a result.

But if the underlying crime does carry confinement as a possible punishment, than failing to appear at a court date does not create a new offense it just revokes your bond on the underlying case and since you are no longer out on bond, a warrant issues for your arrest. If the criminal charge gets dismissed than the warrant is recalled and there is no longer anything pending. There is no FTA criminal charge to deal with, instead you've got your forfeited bond to deal with.
Last edited by CavemanLawyer; 10-17-2007 at 11:22 PM.
  #15  
Old 10-18-2007, 10:46 AM
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Quote:
Originally Posted by fairisfair View Post
actually that is not always true. Unfortunately, I know this for a fact.

The faiulure to appear is a separate issue, regardless of whether the original case is dismissed.
This is what the lawyer is indicating that now the warrant is a separate issue.
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