Warrant- Misdemeanor - NY

[techforce@adelp]

What is the name of your state? New York

Motorist Was Arrested for uninsured driver in 1997, paid Bail but could not appear in court because they lost their Job as a result of the police taking his plates from the Car (and not giving a reciept) , therefore taking his livelyhood.

Problem was Insurance company canceled Policy in error, took 2 years for them to admit it, but Warrant already issued , damage already done. Motorist relocated , had to start all over from broke in the streets , but Warrant still exsists for arrest in NY.

Since this is a Mistameanor crime about 7 years ago, and Motorist has finally been able to get a Vehicle back on the road and a good Insurance company who can communicate effectively - is it a major concern that they return to the County where warrant was issued to get this taken care of ?

They Recently had a local LEO inquire to the County of original incident, and he was not impressed with their lack of Cooperation in the matter.

Is it true a Warrant in NY Never runs out on Limitations? This is basicly a Very Minor Moving Violation that the motorist was on top of, and was getting the run around from the Ins. Co for 2 years. By the Time the Letter stating the error was sent to DMV, the County & DMV had Removed all the records of the Violation from ther system....except for the Warrant.

 

[CdwJava]

The issuing agency is responsible fo rthe warrant. The driver's two choices are: deal with the issuing agency and have THEM remove it. Or, go to court and have a judge take care of it.

The local agency cannot do ANYTHING about a warrant issued elsewhere, so what the person though the local police department could do is beyond me. Its like blaming your neighbor because the rain fell on your family picnic.

Most warrants remain in the system indefinitely. There IS an expiration date on them, but they are almost automatically renewed.

Carl

 

[techforce@adelp]

What would be the point in having a Warrant in the system for about 7 years now on a Vehicle Insurance Issue that was long since resolved? The driver hadnt had an Accident since 1988...but that seems to not matter at all?

Isnt it insult to injury to have them have to go back again to the Area where the problem originated, and all they are likely gonna do is collect more money on someones problems? they already paid Civil Fees to the County totaling about $300, DMV got about $450.00 to Get the Licence back, plus Lawyer Fees, but still there is a Warrant. I think this person would actually prefer to be Beheaded rather than returning there and reliving getting raped by the system again. Seems like if he stays broke and homeless, with no car, they leave well enough alone. We would probably sue for all this, but there is no way this person could ever get their life back the way it was before the insurance company got greedy.

I thought the goal of the Police was to Protect and serve? Can they no longer tell the Good guys from the bad guys anymore? Seems at the Time this happened, they just needed to Arrest someone, even though they knew this persons life could be destroyed if they did. There was no background Checks to verify any of what the motorist claimed was true. By Taking the plates off his Car, they may as well have not allowed bail , because the Driver had no way to get to court without a Vehicle. The Driver may as Well have spoken Chinese, the Police didnt wanna hear any of the reasons, and just did the job, went home, and got paid for all this. Thats the Actually kicker - they actually made a Salary on the 1 Misfortune this person had....and turned it into I guess a big Cirme now. The Driver has had No Problems like this since then , or previously before with other Insurance companies.

 

[CdwJava]

""""What would be the point in having a Warrant in the system for about 7 years now on a Vehicle Insurance Issue that was long since resolved? The driver hadnt had an Accident since 1988...but that seems to not matter at all?"

Because the warrant is not for how he's driven SINCE then - its for what allegedly happened way back then. Also, it has not been removed because no new information was presented to them to cause them to remove it. Mind reading is not standard training for court clerks and administrative personnel.

""""Isnt it insult to injury to have them have to go back again to the Area where the problem originated, and all they are likely gonna do is collect more money on someones problems?"

Maybe. You might be able to handle it by phone and by mail ... maybe (depending on the documentation you have). The alternative is to have the warrant remain. Its your choice.

""""I thought the goal of the Police was to Protect and serve? Can they no longer tell the Good guys from the bad guys anymore?"

As omnipotent as people seem to think we are, we are NOT involved in issuing warrants. A JUDGE issues a warrant. And a warrant is a COMMAND to an officer to take someone in to custody ... its not a request or a suggestion, its a command that carries the force of law behind it. The police can not remove a warrant from the system simply because they feelk like it.

The agency that had the warrant entered CAN have it removed provided they have sufficient cause to do so. Very often, they want to have clearance from a judge first ... but it doesn't always have to be that way.

""""Seems at the Time this happened, they just needed to Arrest someone, even though they knew this persons life could be destroyed if they did. There was no background Checks to verify any of what the motorist claimed was true."

That's because there was a warrant ... a command by a judge to take a person into custody. The responsibility for the veracity of the informationfalls upon the court or the agency that entered the warrant - not on the arresting officers. I have no need or obligation to verify anything regarding a warrant except for the identity of the person being arrested for it.

""""The Driver may as Well have spoken Chinese, the Police didnt wanna hear any of the reasons, and just did the job, went home, and got paid for all this."

Again, the warrant removes any flexibility from the officer's actions.

Chances are the whole affair can be resolved rather easily. But, it has to be resolved. Like it or not, doing nothing will only result in the warrant staying in place. More than likely, they do NOT want to put someone in jail for this. It can probably be scheduled for anew hearing date where all the info can be presented.

Good luck.

Carl

 

[techforce@adelp]

Guess this guy will just have to plan on being a Casualty of the system for the rest of their Life because of some faceless crooks in the Insurance Business.

Going back there can only mean more Money will be thrown at a problem that has not been looked into being fixed. I really never saw how collecting money for Crimes ever was shown to prevent a Crime from repeating itself in the Future. Remember, This Motorist already paid nearly $1,000 to NY Just to get back on the road again, only to have the system Fail them again in a Few months when the Insurance Companies banned together and wanted to put this guy in assigned Risk. So its like, hes an ok Guy, as long as he keeps sending us all this money. What A joke....and NYS thinks this is fine and dandy. Its all about money , not Justice.

I guess they figure these things are gonna happen, so why not make money on it? What message is that sending to Citizens in the Long Run? Does that make for a Stronger America? Look at 9-11 for your Answer.....and yes, this all took place Ironicly before 9-11, and in the state of NY.

 

[CdwJava]

And how does the state (the "system, the court, the police, etc.) KNOW he's an okay guy? Because he says so? People lie all the time. And sometimes, an innocent person DOES get caught in the crosshairs. Unfortunately, the court cannot just arbitrarily cut a guy some slack because he claims to be innocent. If that were the case, why try anyone at all? Because they are ALL innocent.

And much of it IS his fault. Had he taken care of the matter way back then, he wouldn't be here now. When records were fresh, and memories still held details of the events that unfolded to cause the allegedly erroneous loss of his plates, he may have stood a good chance of getting the matter resolved with a few letters and phone calls. But now it is 7 years later ... unless the court drops the matter because they can find no records, he will have to deal with it or suffer the consequences later.

Carl

 

[techforce@adelp]

You mean youre telling me no one in Local Government checks into backgrounds to see if similar Crimes were commited before? I can see a Rapist accused of the Crime in one State, then is aquitted, and then later arrested in the NEW state for the Same Crime. Do you agree Chances are he has a problem, and did in fact commit the 1st Rape in which they were aquitted? Especially if they move to a 3rd State, and the Same accusations are made shortly there also? I dont think it takes a Genius to see that they are guilty.

If Indeed this Motorist had a problem with 'financial security' - Which is the reason Motorists in NY pay insurance, would not there be a past history of it, and also, a future History of it following them around wherever they go , as in the Example I provided? Also, why does the Insurance company (ALWAYS) get a free Pass? When they did not answer the Dispute, why was not a warrant issued for them?

Paperwork was Submitted to DMV, and the NYS Insurance Board as they were instructed to make a Dispute against the Ins. co. Nothing was ever followed through with In Albany. (I suspect they were given the brush off in the same way the motorist was. The NYS Senator the motorist had look into it, got the same results ) Meanwhile, the Driver was stuck Hitching Rides to Work while he waited for 'justice' to arrive. Sadly, his faith was misplaced in the 'system'. These idiots just plain and simple, did not WANT TO or were INCAPABLE of researching this Problem, to either Solve it, or Verify it - instead it Snowballed into the 7 year joke it is now, and yes, its a Joke - a Very bad one too.

NYS DMV only keeps records on their system for 5 Years I think. so all the records of this big LIE the Ins Co. caused are likely long gone anyway. I guess the Warrant Still on the system truly reflects the Utter Stupidity of the entire charade. If they couldnt do their Jobs back then, how could they ever do them now with less documentation than before? If they can no longer Find enough Documents to Support a case, and the Motorist has not had any trouble since them it sounds like the Case against them is disintegrating......but no one has the brains there to see this was a big bunch of Crap.

If you Create enough of these Wild goose chases, you will never solve the terrorist threat...and just Keep Feuling it everytime you throw the book at Decent Americans, and take them away from their Jobs and their Normal every day life.

Needless to say , this Motorist is NOT at all Surprised in the LEAST that 9-11 Occured.....and maybe the best thing LEO could do is cut the DECENT people a break once in a while. With Decent Americans in Jail for Stupid things like this it leaves the country in a Vulnerable Spot for sure.

As for the Excuse of "only following orders" - we all know How that can be shot down if they are asked to wrongfully imprison someone, or do something to that person that is harmful to their being. Taking away someones CAR, is harmful as taking away their livelyhood. Dont place the blame solely on the person who is ACCUSED, and has not yet had their Day in court. In Fact, taking the Car off the road, is indeed a Verdict without a trial and Evidence presented.

 

[CdwJava]

And again, your solution woul dbe to have an officer on the street - or a judge that has no information about the incident - toss the whole matter out because a fellow says its not fair and its all a mistake.

The whole thing may be tragic - and there may be malfeasance on someone's part (most likely the insurance company's) - but your solution would be to have government officials take the word of anyone they contact at face value.

Get the data together and ship it off to the relevant court and hope that settles the matter. If not, then get a lawyer.

Or, do nothing and hope it goes away never to darken your friend's door again.

And what "crimes" should have been checked? And when during this 7 year period should they have been done?

And how about your friend who KNOWINGLY FAILED TO APPEAR IN COURT then LEFT THE STATE? Doesn't HE have any part in this little tragedy?

NONE of this would have happened had he made his court appearance. It would have been resolved long ago. Now, due to your friend's inaction and - dare I say it - IRRESPONSIBILITY, what was once a mistake that could have been rectified is now a huge mess.

Blaming others for his mess may feel good, but it does nothing to solve thge problems.

What he does from this point forward is his business. Cast blame all you like - it won't solve his problem.

Carl

 

[techforce@adelp]

he may have stood a good chance of getting the matter resolved with a few letters and phone calls. But now it is 7 years later ... unless the court drops the matter because they can find no records, he will have to deal with it or suffer the consequences later.

Carl

PS: A few Phone Calls? Quite a bit more than a FEW were made to the Following agencies when the Ins co. Canceled the Policy in error:

1) Original Insurance Co. (out of state MD )
2) NYS DMV
3) NYS Insurance Board in Albany
4) NYS Senator Trunzo

All 4 entities were unable to provide a recourse of action. The Ins Co. deposited the Check, and would not respond to Phone calls or Faxes sent either for *****************2 Years******************** !!!!.
(NO LIE !)

When the Document they sent to the motorist affirming the Policy was indeed Cancled in error, DMV recieved a copy too, but they claimed the Document date of when the error Occured , did not match any offense on record. Yes, do you know why you stupid idiot? Because someone in DMV deleted them because someone there finally saw how Stupid it all was.

But the Dumb local County Governments still insisted on persuing the Stupid warrant. Idiots.

 

[CdwJava]

Yes, do you know why you stupid idiot?

I'M an "idiot"?

I did not fail to appear on my court case.

I don't have a warrant.

Again ... what's he gonna do now?

Carl

 

[tami123]

Techforce:

You came to this forum seeking advice for your “friend.” Carl patiently and RESPECTFULLY responded to each one of your whining, idiotic posts. You didn’t like the response, so you attacked NY and then Carl, personally. Amazing...

 

[techforce@adelp]

I was wondering how long it would take for someone to misinterpret something I wrote as a Personal Attack on them.

Its sad and unfortunate , but I'm surprised it didnt happen sooner.

Would you even bother t think Maybe , just maybe I was refering to the IDIOTS at DMV? Would you even bother to ask, or just convict someone of the Crime?

I see a pattern developing here in this thread looking identical to the IDIOTS at DMV to which I was refering.....though not my intention in starting the thread, I did not have high hopes that it would not turn into a personal attack type thread. It seems there is a Dire need to take things personal when it gets to a certain point , instead of staying objective. How could I ever call this Guy responding to my thread an IDIOT when I have never Met him , or know anyting about his background? Unlike the fools who issued a Warrant out for someone who they likewise do not know a single thing about, and do not wish to know a single thing about, except for the Fact he had paid money LOTS of money to keep a vehicle on the road, which maybe they can soak for a little but more before the joke is finally realized.


Do yourselves a favor - forget you ever read this post, forget something like this ever happened - have a Great 4th of July drink it up , get drunk....have a ball. I have a feeling these Days are numbered. Enjoy them while you can, and remember - do not miss an opportunity to benefit from someone elses misfortunes ever again. This Motorist Was just another A**hole that believed in the Justice system and in their country. Its a very simple solution to I guess a very Complicated problem, just forget it ever happened. Its not your problem, but will likely have some impact on the future. So , live it up.....let Fly the Insults here - Cheers.

 

[techforce@adelp]

The whole thing may be tragic - and there may be malfeasance on someone's part (most likely the insurance company's) - but your solution would be to have government officials take the word of anyone they contact at face value.

And how about your friend who KNOWINGLY FAILED TO APPEAR IN COURT then LEFT THE STATE? Doesn't HE have any part in this little tragedy?

NONE of this would have happened had he made his court appearance. It would have been resolved long ago. Now, due to your friend's inaction and - dare I say it - IRRESPONSIBILITY, what was once a mistake that could have been rectified is now a huge mess.

Blaming others for his mess may feel good, but it does nothing to solve thge problems.

What he does from this point forward is his business. Cast blame all you like - it won't solve his problem.

Carl

This Motorist will never feel good the rest of their Life because of what happened. Its beyond making anyone Suffer. Would the motorist like to see these IDIOTS strung up by their Genetalia? No. Because it wont bring their Life they had back, or make a hilla beans Difference. The Damage is done. No Amount of Money could ever justify such assinine ineptitude.If they ever pick this guy up for the warrant , they may as well place a Bullet in the Chamber and let him do the rest. I believe he would rather have that over going back and reliving the Snowballing Nightmare of his Hard earned tax dollars at work.

The Idea that its his fault because he left is also, I am sorry to say , Inane. If he had stayed there, with no Job, No Family , No friends, No place to live , no Car and also being processed for someone elses crime. They would be dead today most certainly. Or are they suppose to lower themselves further and go on Welfare to cover for the incompitence? What about this persons Dignity? I guess that comes second to the Law? Tell me what they would have to gain if they spent the next Few years of their Life Working on getting this Fixed? I mean what exactly is there to gain? Do they turn themselves into these Incompetent People? You have to be kidding me. Perhaps you are attracted to the Idea of Surrendering to the Al-quieda when you know they behead Americans? In Fact, this Motorist would gladly Welcome being beheaded instead of witnessing these Inane Morons in action ever again trying to figure out what really happened. I mean , it may as Well all be writtren in Chinese for all they care.

 

[CdwJava]

Sadly, the problem was preventable. There are always solutions, and there are always options besides driving a car. The key here was a failure to appear IN COURT ... and then waiting for 7 years to deal with the problem. Had it not been for the warrant, I doubt this person would have owned up to their previous mistake.

I never contended that there was not some other blame to go around. But the issue remains that it is up to the person with the warrant to pick up the ball and move with it. It was HIS warrant ... HE knew about the court date, and HE made a decision not to appear. Life is about decisions and facing up to the consequences of the decisions.

And, as an FYI, failing to appear in court is a violation of its own that has nothing to do with guilt or innocence of the original offense. So it is entirely possible to be found 'not guilty' of the underlying offense - or have it dropped - and still be guilty of the FTA.

So now that we've beaten this horse to death, suffice it to say that he has to take action to resolve the matter - it will not resolve itself no matter how much he insists upon his innocence.

Good luck to him.

And happy 4th to all ... I will be working (as usual).

Carl

 

[techforce@adelp]

I appreciate the response to the thread - but I find your Solution very "canned" and un-original for a Rare and unusual and probably unique Case.

Not one of the Agencies Mentioned had the time or resources to take care of the Accused's problem when it was small, and still relatively simple to solve. Your Solution gives all 4 of these agencies a FREE PASS , and no credit to the Accused whatsoever for even contacting these places when the insurance company initially canceled the problem in error.

Likewise , the fact they paid over $1,000 in Fees to DMV, and The Local County and Courts to get back on the road, and still could not remain on the road because someone did not follow through with their job , remains the Motorists Problem in your View.

Again, anyone working for these agaicies is in the clear with a free pass, even though in this case it was They who dropped the Ball. You are saying all these agencies can drop the Ball, and cost this person their entire lifes work, but the burden is still on the Accused? Heck, if you think the Accused is Superman and can solve all their problems single handedly, then maybe if he was left on the Road 9-11 Would never have happened.

The problem with your solution, is you are not in the Accused's Situation and have not had the kind of life they have had , but you insist you know the answer without even having had a identical problem yourself.