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  1. #1
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    Aug 2011
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    Default Avoid Bench Warrant

    My question involves criminal law for the state of: New York


    My question is a little complicated. When I was 16, I was placed on probation. Now, I am 25 and recently was convicted of dwi which violated my probation. The judge sentenced me to 60 days in jail after which my probation would be terminated. I would begin serving my jail time in 40 days. However, I would still need to deal with the DWI after. Now, here's my problem.


    I have a medical issue which will get progressively worse in the next few years. There is a possibility that this short time in jail may actually cause irreparible damage to my health. Also, I am only a short time away from graduating college. I am not the jail type and do not feel as if I can go through with it and if I did, i'd rather do it later when my health isn't as great. So i'm weighing my options.

    1. If I left NY, and went so far ( that it wouldnt be worth it to extradite, how long would I need to wait before coming back to deal with it will make it seem like a trivial issue? While I don't want to avoid it forever, I dont want to deal with it right now.

    2. Can I run a back ground check on myself? How would I do that? And how can I find out what kind of warrant I had?

    3. I know every state extradites, and every state cooperates with others, but which states are generally too cheap to worry about extradition?

    4. Please, dont just comment saying deal with it now. Obviously, If I were you and fully healthy I would. But i dont have that much good time left and every day is extremely valuable.

    5. Lets say I NEVER come back to NY or any of the surrounding states, how much will it REALLY affect me in a different state?


    thank you!

  2. #2
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    Jul 2010
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    Default Re: Avoid Bench Warrant

    Quote Quoting kfisch911
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    1. If I left NY, and went so far ( that it wouldnt be worth it to extradite, how long would I need to wait before coming back to deal with it will make it seem like a trivial issue? While I don't want to avoid it forever, I dont want to deal with it right now.
    A very long time, at the least until you are old and gray. The justice system takes a dim view of people who run instead of taking their lumps.

    Quote Quoting kfisch911
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    2. Can I run a back ground check on myself? How would I do that? And how can I find out what kind of warrant I had?
    Yup. Google "online background check." A thorough check will tell you or you could call the court you abscond from.

    Quote Quoting kfisch911
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    3. I know every state extradites, and every state cooperates with others, but which states are generally too cheap to worry about extradition?
    In this economy, might be all of them for minor offenses. I recall another recent thread where someone got yanked back to Cali from KY for a misdemeanor pot charge. Later on when things are better, if a tough on crime politician takes office, they might decide to start rounding up anyone they can find.

    Quote Quoting kfisch911
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    4. Please, dont just comment saying deal with it now. Obviously, If I were you and fully healthy I would. But i dont have that much good time left and every day is extremely valuable.
    You don't get to tell us what to say. You should have thought of the consequences before you broke the law. What the heck did you do to get on probation from 16 to after you are 25? Minors don't normally get nailed like that.

    Quote Quoting kfisch911
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    5. Lets say I NEVER come back to NY or any of the surrounding states, how much will it REALLY affect me in a different state?
    Probably interfere with getting jobs, government benefits (which you might need if you health is really gonna get that bad), constant fear of arrest during any interaction with law enforcement, not be able to get a license to drive legally and on and on.

  3. #3
    Join Date
    Mar 2007
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    Default Re: Avoid Bench Warrant

    Jails have excellent medical facilities... and I know of NO ONE that IS the "jail type".

    If you didn't want to be jailed, why did you drive drunk knowing you were on probation?

  4. #4
    Join Date
    May 2011
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    Illinois
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    Default Re: Avoid Bench Warrant

    Do you honestly think that it might not be worth a non geographic limit warrant for a person with probation for 9 years? Oh yeah, and a new DUI? That is not going to be a trivial issue.

  5. #5
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    Aug 2011
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    Default Re: Avoid Bench Warrant

    There is no way that I know of to predict what geographic limitation might be placed on a warrant. I saw a case a few years ago where a person arrested on a warrant (felony possession) out of California spent thirty days awaiting extradition only to find out the California decided not to extradite. California has a practice of encouraging suspected criminals to live in other states by geographically limiting arrest warrants. I have no idea about New York.

    If you are not the "jail type", then you will really hate waiting around in some backwoods county jail to see if NY will extradite you.

  6. #6
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    Mar 2007
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    Default Re: Avoid Bench Warrant

    Quote Quoting jimben4
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    There is no way that I know of to predict what geographic limitation might be placed on a warrant. I saw a case a few years ago where a person arrested on a warrant (felony possession) out of California spent thirty days awaiting extradition only to find out the California decided not to extradite. California has a practice of encouraging suspected criminals to live in other states by geographically limiting arrest warrants. I have no idea about New York.
    Saw a case as a paralegal, on TV or merely in the news?

    Please state the statute or case law that says that California will geographically limit warrants to move criminals out of California. You said California has a practice of a certain type of behavior... please state the facts behind this statement.

    Thanks.

  7. #7
    Join Date
    Sep 2005
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    Default Re: Avoid Bench Warrant

    If somebody was detained on a warrant for a month while California decided whether or not to extradite, it follows that the warrant called for pick-up in any state, not just California.

  8. #8
    Join Date
    Aug 2011
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    Default Re: Avoid Bench Warrant

    Well, I have some new information. If I do serve my time, after I get out I would lose my health insurance which with preexisting conditions, I will never get back without paying a large premium. Yes, I've looked into medicaid and it does not cover what I need, nor would I qualify.

    Cyjeff, your right. I should have thought more about it beforehand. Tu shea....

    As for the warrant, if NY declines to extradite, Can I be rearrested? I read in another forum that the state your arrested in may or may not give you a letter stating you cant be rearrested. I dont know if this is true, but I really would like to know. Personally, I'd rather take a fighting chance and keep my insurance than just give it away. Yes, it's nice to serve your time, but not at the expense of your life. A judge obviously is not going to care about what happens after the state is done wit me.

    Are all warrant entered into the NCIC or just FBI and felony ones?

    The probation length was because it took so long for the case to get through the court system as a youth.

  9. #9
    Join Date
    Sep 2010
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    19,901

    Default Re: Avoid Bench Warrant

    The truth of the matter is that warrants just stick around. In the old days, it was hard to check for them the older and further away the issuance was.
    Now with the magic of computers, all sorts of people are finding out that when they have even the most minor brushes with the legal system that these things are coming out of the woodwork.

    With a pending DUI it's even going to be more obvious. You're license is suspended, so if you're caught driving, you'll first be held for driving under revocation THEN they'll see you're a fugitive from both your jail sentence and the DUI charges.

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