• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Destruction of Private Property

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

P

polkaroo

Guest
What is the name of your state? Virginia

I hope someone can guide me in the right direction. Last week the police came to my fathers house trying to serve me with a warrant. 3 years ago I went over to this guys apartment and keyed his car. He went and took out a warrant for my arrest, which I had no idea he had. I moved to Florida shortly after all of this happened and when I tried to call my local derstiction (sp?) and resolve this they told me there was nothing they nor I could do b/c I was out of the state. So, I moved back 3 months ago and obviously the police know. What exactly can happen to someone with this kind of charge? Should I go and get an attorney? Will I go to jail? I am 22 and don't have anything on my record. I want to turn myself in and get this out of my hair. I wanted to get some advice first. Any help that you can offer would be greatly appreciated.
 
Last edited:


S

SignorFrancesco

Guest
If you have a warrant and the police have not been able to apprehend you in all this time, and most likely you missed a scheduled court appearence stemming from the original complaint, then you most likely will go to jail until at least your first court appearance.

I'm not exactly sure how things work in NY, but this guy most likely made a complaint against you. Judges/courts issue warrants for arrest, not the police department. Which would mean that the warrant is a bench warrant, which means that the presiding Judge wants to talk with you. Since you most likely missed the first scheduled appearance, you'll be held on no bail until the Judge sees you in their court. There's a possibility of being realeased on O.R., but that would be determined by the O.R. clerk that interviews you and the Judge that's on call.

If you do have to sit in jail, after turning yourself in, the most you'd sit is 72 hours (business hours/days, so don't turn yourself in on a Friday, because Saturday and Sunday don't count) before going to court.

And last, but certainly not least, YES! Get an attorney before turning yourself in. It'll give you a chance to get a clear picture of what's going to happen, and they can streamline the process a bit for you. You're going to need one anyway, and you might as well get one now.
 
P

polkaroo

Guest
Thanks for your response! I'm not even sure if it is a warrant for my arrest. It could be a summons. My father asked the cop what it was in reference too and he told him. The cop did not tell him whether or not it's was a warrant or summons. My father told the cop that I didn't live there (which I don't) and he didn't know where I was living (little bit of a fib). How can I be charged with missing a court date when I didn't even recieve a summons?
 
S

SignorFrancesco

Guest
Well, let's say that there was a complaint made, then the officers conducted an investigation, but by the time they got around to you, you were gone. The officers could have submitted the report to the D.A. and let him/her decide whether or not they wanted to file charges on it.

If the D.A. does file charges, then the court issues a summons to court for both parties. The one who made the complaint shows up, but you don't. This doesn't sit well with the Judge and a bench warrant is issued. The case is then put on hold until you can be found. There is also the possibility that a ruling was made in your absence, but the Judge still wants to see you to assess fines and/or jail time, which would be doubtful in such a case as this, but still possible.

Now, just because you weren't aware of the summons, doesn't free you from responsibility. If you say that you moved, the Court will most likely say that it is your responsibility to make sure that mail is forwarded to you.

Again, these are things that an attorney can find out and deal with easier than you can. An attorney could arrange for you to just turn yourself in and be booked, then immediately released with a cite to appear at court on a future date. Or they may be able to clear up the matter without you even having to be booked, and just get you another court date.

You have to make sure what this situation is though. If you don't have a warrant, for certain, then this is nothing to worry about. If you can't be 100% sure that you don't have a warrant, or find out for certain that it it, then get a lawyer and let them deal with it.
 
P

polkaroo

Guest
Another thing that I thought of last night.. I got a government security clearance about 6 months ago. If I did have a warrant wouldn't they have been able to tell. They did some serious background checks. Plus, I've had several different jobs in the past 3 years and almost all of them have required a background check. Anyways, once I get some money I'm going to secure an attorney and get this resolved.
 
S

SignorFrancesco

Guest
If you received any sort of serious security clearance for a government department, then you most likely don't have any warrants. The government checks are usually thorough, and warrants would be one thing they'd check, along with any felony convictions. If you passed the background checks, then I'd doubt you have a warrant on the books.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top