old out-of-state bench warrant coming back to haunt us

[PLShelp128]

Does he meet the requirements for a Public Defender?

there was a public defender that defended his case back 10+ years ago that I have been in contact with. They were super helpful... the one time that I talked with them...

Now 4 days later I have left an embarrassing number of voicemails on their machine to no avail.

 

[quincy]

So the only way to "advocate" for someone I love is to hire an attorney? What about everyone (including myself at the moment) that can't afford to hire an attorney? I guess we don't matter to the judicial system?

Although lack of money is often a complaint that is voiced, for criminal actions, those who cannot afford a private attorney will be appointed an attorney (a public defender). The public defender will be your fiancé's advocate.

Your fiancé apparently had a public defender when he was originally charged with the felony assault.

I get that. that is why I want to get some legal advice on how to expedite this process of getting this taken care of ...

Your fiancé actually HAS expedited the process by waiving extradition. Had he challenged extradition (on one of an assortment of grounds), he would have delayed the ability of New York to pick him up, but it appears he would have only delayed the inevitable.

He should learn within 30 days whether he will be heading to New York on the felony assault charge.

At no point in this process has anyone been willing to talk to us about our legal choices without a hefty charge ...

Here is a link to 18 US Code Chapter 209, Extradition, https://www.law.cornell.edu/uscode/text/18/part-II/chapter-209, and a second link to Article 570, New York Criminal Procedure Law, Securing Defendants Outside the State, http://ypdcrime.com/cpl/article570.htm, both of which you can click and read your way through, to better understand what is happening to your fiancé right now.

Good luck.

 

[PLShelp128]

Although lack of money is often a complaint that is voiced, for criminal actions, those who cannot afford a private attorney will be appointed an attorney (a public defender). The public defender will be your fiancé's advocate.

Your fiancé apparently had a public defender when he was originally charged with the felony assault.



Your fiancé actually HAS expedited the process by waiving extradition. Had he challenged extradition (on one of an assortment of grounds), he would have delayed the ability of New York to pick him up, but it appears he would have only delayed the inevitable.

He should learn within 30 days whether he will be heading to New York on the felony assault charge.



Here is a link to 18 US Code, Chapter 209, Extradition, that you can click and read your way through, to better understand what is happening to your fiancé right now: https://www.law.cornell.edu/uscode/text/18/part-II/chapter-209

Good luck.

THANK YOU!! this is the most helpful response I have gotten from this forum and I truly appreciate the advice that you provided. Seriously. Thank you.

I also am trying very hard to utilize the public defense attorney that was originally assigned to his case and I truly appreciate what they have done to help us but also understand that they have a HUGE case load and I know that what I am trying to ask for is something that would be more suited towards a privately attained criminal defense attorney given the complexity of the case.

Right now I'm just trying to figure out how to get some money to hire the attorney that everyone says I need. I really do appreciate the non-biased response that you provided.

thank you.

 

[CdwJava]

So the only way to "advocate" for someone I love is to hire an attorney? What about everyone (including myself at the moment) that can't afford to hire an attorney? I guess we don't matter to the judicial system?

... yeah... that seems fair and judicial.

Well, it IS the law. YOU have no legal standing in the case. Even if you were his spouse, you cannot have any appreciable effect on his legal issues. Unless you are an attorney,you cannot quite understand what is going on with his case and no one is obligated to tell you diddly.

Sure, you can call, talk to, and annoy people that may or may not be able to give you info or help you in any way. If that's what you mean by "advocate," you can do that. But, if you want to HELP him in some tangible way, then
he'll need an attorney and you can help him by finding one.

 

[quincy]

THANK YOU!! this is the most helpful response I have gotten from this forum and I truly appreciate the advice that you provided. Seriously. Thank you.

I also am trying very hard to utilize the public defense attorney that was originally assigned to his case and I truly appreciate what they have done to help us but also understand that they have a HUGE case load and I know that what I am trying to ask for is something that would be more suited towards a privately attained criminal defense attorney given the complexity of the case.

Right now I'm just trying to figure out how to get some money to hire the attorney that everyone says I need. I really do appreciate the non-biased response that you provided.

thank you.

Thank you for the thanks, PLShelp128.

I edited my previous post a bit - the first time because I thought I screwed up a link, and the second time because I discovered I didn't. I did wind up adding a second New York-specific link to the post, though, on New York laws on Securing Defendants Outside the State.

I understand your frustration in trying to speak to the public defender's office in New York. It IS often hard to speak to public defenders. Their time is more limited than a private attorney's might be, due to their large caseloads. They are often very good lawyers, though, and will have far more experience in the courts than the average private attorney - making them more familiar with the prosecutors and judges in these courts. That can be a plus.

 

[justalayman]

Does he meet the requirements for a Public Defender?

He will not be able to even request a PD until he is returned to new York. The holding state simply holds him until the requesting state responds they will pick him up and they do pick him up, the requesting state responds that they are not going to pick him Up, or 30 days expires with no action or response from the requesting state. Fiance is in limbo at the moment.

 

[HighwayMan]

In New York, at least, there is never an issue of bail in these cases. Perhaps for minor violations where the defendant turned himself in, but not for a felony where the defendant fled the state.

The defendant has already demonstrated that he will not appear in court to face a serious charge and no judge would ever grant bail and give him another opportunity to run.

And yes, it would have to be a NY attorney dealing with this. Who knows if his old PD is even still around? You need to contact the court of record and find out from the clerk's office how to contact the local legal aid/public defenders that appear in that court.

 

[quincy]

Because it will be the county in which the fugitive was charged that will bear the cost of extradition (although this cost can eventually be passed onto the fugitive), location is one of the factors when determining the likelihood of the fiancé being picked up and transported back to New York.

If the crime was committed in one of the western counties of New York, like Erie or Niagara, and the fugitive fiancé sits in a jail in southeastern Michigan or eastern Ohio, the odds are better that New York will pick him up than if, say, the fugitive fiancé is in a North Dakota or Nebraska jail and he committed his felony in Bronx County - this assuming a westernmost New York county is not cash-strapped and has funds available to expend on transport.

Of course, I imagine the seriousness of the crime would be the deciding factor. I doubt that any state would let a charged murderer or rapist be released back into the community. How much weight a ten-year-old felony assault would be given is a question mark.

 

[PLShelp128]

Because it will be the county in which the fugitive was charged that will bear the cost of extradition (although this cost can eventually be passed onto the fugitive), location is one of the factors when determining the likelihood of the fiancé being picked up and transported back to New York.

If the crime was committed in one of the western counties of New York, like Erie or Niagara, and the fugitive fiancé sits in a jail in southeastern Michigan or eastern Ohio, the odds are better that New York will pick him up than if, say, the fugitive fiancé is in a North Dakota or Nebraska jail and he committed his felony in Bronx County - this assuming a westernmost New York county is not cash-strapped and has funds available to expend on transport.

Of course, I imagine the seriousness of the crime would be the deciding factor. I doubt that any state would let a charged murderer or rapist be released back into the community. How much weight a ten-year-old felony assault would be given is a question mark.

He is being held in a state very near Indiana. The county where the warrant exists is one of the boroughs of NYC.

I have made steps to get some money so that I can hire an attorney. A lot of my frustration stems from the fact that I simply don't have money to hire an attorney. The cheapest up-front cost I have been quoted is $1500. I filed my taxes last night and hope that by filing early I can get my refund soon but I don't know.

I am coming to understand that, just like in the medical field - you can do all the research you want on your own but ultimately you need to see a doctor to get access to the treatment you need. Similarly in this case I can do all the research I want but ultimately a lawyer is the only way to do anything about it. I have a medical degree... not a law degree. So I can relate to that logic. Also... in law and in medicine, when you don't have money, that makes access to the best care limited. The injustice there is what frustrates me in my position in medicine on behalf of my patients and now also in this situation where I find myself in the position of being the person that can't afford the services I need in law. But that's just the way it is. It sucks being on the other end.

I thank everyone's assistance and posts. It has been helpful to hear so many people experienced in law tell me the same thing. You've officially broken me down... I am caving in and finding a way to pay for a lawyer

One last question... is there any need for me to enlist the services of a lawyer in our home state? I'm thinking not since they won't have access to NY stuff but I assume it might be cheaper to get a lawyer here than in NYC so I figured I would just ask.

Thanks again for all of your help!

 

[CTU]

He is being held in a state very near Indiana. The county where the warrant exists is one of the boroughs of NYC.

I have made steps to get some money so that I can hire an attorney. A lot of my frustration stems from the fact that I simply don't have money to hire an attorney. The cheapest up-front cost I have been quoted is $1500. I filed my taxes last night and hope that by filing early I can get my refund soon but I don't know.

I am coming to understand that, just like in the medical field - you can do all the research you want on your own but ultimately you need to see a doctor to get access to the treatment you need. Similarly in this case I can do all the research I want but ultimately a lawyer is the only way to do anything about it. I have a medical degree... not a law degree. So I can relate to that logic. Also... in law and in medicine, when you don't have money, that makes access to the best care limited. The injustice there is what frustrates me in my position in medicine on behalf of my patients and now also in this situation where I find myself in the position of being the person that can't afford the services I need in law. But that's just the way it is. It sucks being on the other end.

I thank everyone's assistance and posts. It has been helpful to hear so many people experienced in law tell me the same thing. You've officially broken me down... I am caving in and finding a way to pay for a lawyer

One last question... is there any need for me to enlist the services of a lawyer in our home state? I'm thinking not since they won't have access to NY stuff but I assume it might be cheaper to get a lawyer here than in NYC so I figured I would just ask.

Thanks again for all of your help!

(I hate to say this because you're already down, but filing early won't hurry up your refund; they won't start processing until Jan 23rd regardless)

 

[CdwJava]

A local attorney would be of limited use for him since the criminal charges are in NY. All a local attorney might be able to do is muddy the waters enough to fight extradition. Such a fight would, in reality, only delay the inevitable and potentially result in his remaining in custody locally until the matter is resolved. A local attorney is not likely also licensed to practice law in NY, so about all he or she might be able to do is to make some calls and gather info for him. It is doubtful that a local attorney could have any appreciable impact on the case facing him back east.

 

[PLShelp128]

update

I've hired an attorney. Apparently they haven't even assigned a DA to take the case (the one who did back then doesn't work there anymore). Anyone with experience working in a busy DA's office know what kind of time frame I'm looking at?

 

[quincy]

I've hired an attorney. Apparently they haven't even assigned a DA to take the case (the one who did back then doesn't work there anymore). Anyone with experience working in a busy DA's office know what kind of time frame I'm looking at?

The attorney you hired can estimate the time frame better than any of us on this forum can. Your fiancé must first be extradited before you will know much of anything.

 

[HighwayMan]

Apparently they haven't even assigned a DA to take the case

Why would there be an ADA assigned when the case has been dead for so long?


Each of the five counties in NYC has a very busy District Attorney's Office (well, except maybe Richmond).

There are two different issues here - one is the warrant and any additional charges that might be brought (did he ever post bail?).

Then there is the original charge(s). That could take months to resolve and I wouldn't be surprised if he spent all of that time in a jail on Rikers Island or the Manhattan Detention Center until it is resolved. Those are definitely not fun places to spend time in.

 

[quincy]

The fiancé will need to speak to his attorney once he is transferred to New York and he can at that time get a better idea of timing and what he faces with his felony charge and the failure to appear in court on the charge.

It will generally be the district attorney of the county where the offense was committed who applies for a requisition for the return to the state of the person charged. There should be some word on this soon at the jail where the fiancé is being held.