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

[PLShelp128]

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.

The ADA that was assigned 10 years ago no longer works there. Apparently for anyone over there (my attorney) to get the details of the case to see if the charges can be brought down to misdemeanor or disorderly conduct, an ADA needs to be assigned to the case. I guess they have very little motivation to do this unless he is in NYC.

Without knowing the details I don't know about bail but I know that he never spent any money in NYC to get released so I'm guessing there was no bail. He was just released after being seen by a judge after being in jail for a few nights. I'm guessing it was a release with agreement to show up in court in the future, which he obviously didn't do... hence the situation we are in
there is only one charge and it's the assault 2 charge.

Like someone else said earlier... it looks like he's stuck in limbo. There is always a small chance he actually will get extradited but probably only if someone in a nearby jail is being held for an active case. Until he runs out of the time our state will allow NY to come get him, he's just stuck there. Feeling very helpless and hopeless at the moment.

Again, thanks for everyone's help.

 

[quincy]

... Like someone else said earlier... it looks like he's stuck in limbo. There is always a small chance he actually will get extradited but probably only if someone in a nearby jail is being held for an active case. Until he runs out of the time our state will allow NY to come get him, he's just stuck there. Feeling very helpless and hopeless at the moment.

Again, thanks for everyone's help.

Yes, your fiancé is in limbo until New York decides what they want to do with him.

IF New York decides not to extradite him and he is released from jail, your fiancé will probably want to speak to an attorney about getting the warrant vacated, so he is not arrested again on the same warrant.

It would be nice if you could keep us updated.

We all appreciate the thanks, PLShelp128, so thank you for the thanks.

 

[HighwayMan]

IF New York decides not to extradite him and he is released from jail, your fiancé will probably want to speak to an attorney about getting the warrant vacated, so he is not arrested again on the same warrant.

Which, of course, will require the fiance to appear in court in New York. Even then, I see him being remanded until the case gets resolved.

Chances are the fiance will keep getting arrested and will have to go through a similar headache until he finally follows the order of the court and appears to deal with his outstanding felony charge.

 

[quincy]

Which, of course, will require the fiance to appear in court in New York. Even then, I see him being remanded until the case gets resolved.

Chances are the fiance will keep getting arrested and will have to go through a similar headache until he finally follows the order of the court and appears to deal with his outstanding felony charge.

Although it is generally the case that a person who has a warrant issued by a court for failure to appear must return to that court to have the warrant vacated and the underlying charge resolved, it is possible in some cases for an attorney to stand in for an out-of-state client to have the warrant removed. I don't know how likely it would be in this case, because the charge is a felony, but if New York fails to extradite, it would be something to discuss with an attorney.

 

[PLShelp128]

Yes, your fiancé is in limbo until New York decides what they want to do with him.

IF New York decides not to extradite him and he is released from jail, your fiancé will probably want to speak to an attorney about getting the warrant vacated, so he is not arrested again on the same warrant.

It would be nice if you could keep us updated.

We all appreciate the thanks, PLShelp128, so thank you for the thanks.

court yesterday in our state. This time he had a public defender there to help us out. He got me in touch with the warrant detective in our state and he said he has attempted to contact NY DA without any response. He does NOT think that NY will extradite based on the age of the case and the details he knew of. But it is very unusual for our state to release someone awaiting extradition before 30 days. He has court again in 2 weeks and if NY still has not extradited at that point, he will likely be released.

Although it is generally the case that a person who has a warrant issued by a court for failure to appear must return to that court to have the warrant vacated and the underlying charge resolved, it is possible in some cases for an attorney to stand in for an out-of-state client to have the warrant removed. I don't know how likely it would be in this case, because the charge is a felony, but if New York fails to extradite, it would be something to discuss with an attorney.

My lawyer tried to contact the prosecutor that has been "assigned" to his case (I use ".."" because this is the prosecutor that will be on his case when he arrives in the district) But until then they really have no motivation to look into the case and call my lawyer back. Very frustrating because if he does get released at his next hearing, unless the warrant is lifted it's going to make getting to NY a lot more difficult and EXPENSIVE.

Seems like the justice system is a little unfair to those who don't have a lot of cash. We fully intend to get this taken care of and are very confident that the charges will be dropped. However the financial burden of it all is going to be substantial. Makes me feel for those who find themselves in similar situations that are less fortunate than ourselves. Also makes me understand how it can be argued that the system is designed to keep the lower socioeconomic class at a SERIOUS disadvantage. Anyways, don't want to start a trolling war here so I'll stop. It's just been an eye-opening experience.

Again... I really do thank everyone who has responded to my posts with constructive and helpful advice. I also appreciate the opportunity to vent just a little in this difficult time. I will continue to provide updates.

 

[quincy]

court yesterday in our state. This time he had a public defender there to help us out. He got me in touch with the warrant detective in our state and he said he has attempted to contact NY DA without any response. He does NOT think that NY will extradite based on the age of the case and the details he knew of. But it is very unusual for our state to release someone awaiting extradition before 30 days. He has court again in 2 weeks and if NY still has not extradited at that point, he will likely be released.

It is certainly possible that New York will not extradite. Your fiancé should have heard something from New York by now.

Even if your fiancé is released, however, the warrant will remain until he takes care of it.

Seems like the justice system is a little unfair to those who don't have a lot of cash ... However the financial burden of it all is I will continue to provide updates.

The trick is to not commit crimes so you do not need cash for a defense lawyer.

Thanks for the update.

 

[HighwayMan]

Seems like the justice system is a little unfair to those who don't have a lot of cash.

Well that's a pretty unfair statement. If folks follow the rules, even after they get caught, then there is not much of a problem. All of this time, effort and expense was caused by your fiance not showing up in court when he was supposed to. He has no one to blame but himself.

On another note, thank you for the update. Updates provide valuable information for those of us who do not often see the other sides of situations like these.

Even if New York does not extradite, your finance could end up in the same situation over and over again until he takes care of the outstanding warrant.