DV 2 Degree Harrasment and Bench Warrant
My question involves criminal law for the state of: New York
This case its not mine,but looking for information for a friend. She and her husband been together for 10 years. He have a problem with alcohol,but he stopped drinking for 8 years (he went to a program) and the day he relapsed they got a heated argument and my friend called 911. She was really upset with him because he even broked the cabinets doors. The police officer asked her if she wanted to present charges against him and she said yes. He told her that like her husband didnt hit her the whole thing was suppouse to be 2 degree harrasment.
They got court date in criminal court the next day and she didnt know about it but the husband showed up and adjurned the case for another date. The DA sent a letter saying that if she didnt show up her case could be dissmissed. By that time she got a order of protection against her husband in family court.
Her husband went back to the house and they talked about what happened and the guy started his program again so she tought that if she and he didnt show up for the next criminal court date the Judge will dismiss the case. Now she recived a letter for her husband saying that he have a bench warrant. He dont know about this and she want to quash the warrant for him.
Now the question is if she go to the DA office and drop the charges the warrant stays? She can actually drop the charges? Somebody told her that the state picked up the charges and she cant do nothing about it. Or if the charges were dropped its goes away with the case?
She was thinking that if she drop the charges and the warrant stays he can say that he still have a order of protection against him and the mail is received in the place he is not suppouse to be he didnt know about the next court date or the warrant.
What she can do to clean this warrant against her husband?
Re: DV 2 Degree Harrasment and Bench Warrant
The warrant will stay active until he is brought before the court - there's no changing it. He'll also likely face additional criminal charges if he violated the restraining order by going back to the house - even if she allowed him to do so. Court orders are not suggestions - they are orders, and the court gets pretty pissed off when people violate them. She can attempt to ask the DA to drop the DV case, but that won't impact the warrant staying active, and DA's are used to DV victims trying to drop charges, so tell her not to get her hopes up. If they think they have enough to make the case against him stick without her, they'll move forward. She also needs to be aware that if she is subpoena'd to appear (ordered to testify) and she doesn't go, they'll issue a warrant for HER arrest too. And every time he steps foot in that house with an active restraining order against him, he risks yet ANOTHER criminal charge against him.