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Can i be arrested on a bench warrant that was issued because i didnt show up to court do to my being incarcerated?

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I am in NY state.
I was just released after 7 years. I called to find out how to get my license back and found out that I have a warrant for my arrest for driving without insurance and registration, from before my state bid. I had even asked inmate records twice if I had a warrant and was told no warrants. I still have that paper. Will they still lock me up being that I only missed court because I was incarcerated or will they work with me? I am trying to do the right thing and I will be sick to my stomach if I end up back in OCJ because of this.
 


Just Blue

Senior Member
I am in NY state.
I was just released after 7 years. I called to find out how to get my license back and found out that I have a warrant for my arrest for driving without insurance and registration, from before my state bid. I had even asked inmate records twice if I had a warrant and was told no warrants. I still have that paper. Will they still lock me up being that I only missed court because I was incarcerated or will they work with me? I am trying to do the right thing and I will be sick to my stomach if I end up back in OCJ because of this.
You should call your attorney and have him/her assist you with this. If you don't have an attorney call the NY Bar Assoc ad ask for a referral. The cost of the initial consultation will likely be around $45.00.
https://www.nysba.org/
 

quincy

Senior Member
I am in NY state.
I was just released after 7 years. I called to find out how to get my license back and found out that I have a warrant for my arrest for driving without insurance and registration, from before my state bid. I had even asked inmate records twice if I had a warrant and was told no warrants. I still have that paper. Will they still lock me up being that I only missed court because I was incarcerated or will they work with me? I am trying to do the right thing and I will be sick to my stomach if I end up back in OCJ because of this.
Yes, you can be arrested on a bench warrant for failure to appear but, if you were incarcerated at the time of the court hearing, you should be able to get the warrant vacated.

I recommend you have an attorney accompany you to the court that issued the warrant to help you handle the failure to appear warrant, and to assist you with the driving without insurance or registration charge, before you are arrested.
 

HighwayMan

Super Secret Senior Member
Warrants are not issued for traffic infractions in New York State and DMV does not know about warrants.

I think the OP is confused and means that he has suspensions on his license.
 
Warrants are not issued for traffic infractions in New York State and DMV does not know about warrants.

I think the OP is confused and means that he has suspensions on his license.
Driving without registration is a traffic violation. Driving without insurance is a misdemeanor, which is the one the warrant is on. Trust me, there is a bail warrant. The problem is they don't know that I've been incarcerated for the last 7 years and I don't know that they'll care. I'm just wondering if anyone thinks they will work with me or will they actually arrest me and make me pay a bail. Or will they give me a chance do deal with the issue?
 

Zigner

Senior Member, Non-Attorney
Driving without registration is a traffic violation. Driving without insurance is a misdemeanor, which is the one the warrant is on. Trust me, there is a bail warrant. The problem is they don't know that I've been incarcerated for the last 7 years and I don't know that they'll care. I'm just wondering if anyone thinks they will work with me or will they actually arrest me and make me pay a bail. Or will they give me a chance do deal with the issue?
If there is an outstanding warrant, you run the risk of being arrested. You would then have to offer up your excuse to the court. It would be (in my opinion) much more wise to be proactive about the matter.
 
If there is an outstanding warrant, you run the risk of being arrested. You would then have to offer up your excuse to the court. It would be (in my opinion) much more wise to be proactive about the matter.
I definitely want to be proactive here. I just want to make sure I go about it in the right way. Should I go to the court? Or to the police station. I want to go with cash in hand! To pay the bail or fine, whichever is needed. If I go to the police they will just arrest me and take me to court. Maybe I should just go to the court? And I should probably go to my parole officer with this first. One, it's in a different county and I'd need permission to go there anyway. But she may also be able to help me with this! I just don't want to tell her either until I have cash in hand. I just hope they aren't jerks! about the whole thing! I WOULD of shown up to court! But the same county had me doing an 8 an year bid.
 
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Just Blue

Senior Member
I definitely want to be proactive here. I just want to make sure I go about it in the right way. Should I go to the court? Or to the police station. I want to go with cash in hand! To pay the bail or fine, whichever is needed. If I go to the police they will just arrest me and take me to court. Maybe I should just go to the court? And I should probably go to my parole officer with this first. One, it's in a different county and I'd need permission to go there anyway. But she may also be able to help me with this! I just don't want to tell her either until I have cash in hand. I just hope they aren't *jerks* about the whole thing! I WOULD of shown up to court! But the same county had me doing an 8 an year bid.
Please edit your post. Vulgar language is a violation of the TOS. Thank You.
 

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