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  1. #1

    Default Credit Card Fraud Charges in Another State

    My question involves criminal law for the state of: PA & NY

    Ok long story short a warrant has been issued for some rather serious charges involving fraud, ID theft, etc in PA. However my question is more so about my upcoming court date in NYC. I have a court date coming up for in NYC for a misdemeanor assault charge(2 weeks). I had my previous one pushed back when i received word about the PA warrant. Now, my lawyer(legal aid) spoke to me after my 1st court date and said nothing about the PA warrant. He only mentioned a warrant I had for missing a court date that was issued for a DAT in regards to driving with a suspended license. He advised me to go and clear that up no biggy I will be sure to before my court date. Anyways my question is will the PA warrant come up when I go to court in 2 weeks? If so I'm sure they can keep me. Going to PA before the court date isn't possible as I am not financially prepared to deal with that.

    TIA.

  2. #2
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    Default Re: an Out of State Warrant and Upcoming Court Date

    It could. You could be arrested and jailed pending extradition.

  3. #3
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    Default Re: an Out of State Warrant and Upcoming Court Date

    Are we talking about a NY lawyer? He most likely really doesn't know what is going on in PA (and really can't help you there, he's not authorized to practice).

    Depending on just what is going on in PA there may or may not be a warrant. Did you miss a date there? Often, if they know where you are they'll just file the charging documents and the first thing you will get is a "Notice of preliminary hearing/preliminary arraignment." They just expect you to show. You miss that (at least without a lawyer in the PA county involved) there will certainly be a warrant. They'll typically do the arrest stuff (fingerprints/mugshots) at the time of the preliminary hearing (or they'll send you a separate letter telling you to come in for those).

    If a warrant is issued, NY can certainly hold you until PA decides whether it's worth their while to come get you. Which county? You will be held until they come or NY decides they're not going to deal with waiting anymore. Once you get to PA, you've got 72 hours to be brought to the magistrate down there (though in most counties, they have one on duty 24/7, so you won't wait that long).

    So fill in the blanks a little bit. Have you received the PA charges? If you have, you can most likely contact the court involved and make sure you have the appearance date you need (it often does change).

  4. #4

    Default Re: an Out of State Warrant and Upcoming Court Date

    Quote Quoting flyingron
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    Are we talking about a NY lawyer? He most likely really doesn't know what is going on in PA (and really can't help you there, he's not authorized to practice).

    Depending on just what is going on in PA there may or may not be a warrant. Did you miss a date there? Often, if they know where you are they'll just file the charging documents and the first thing you will get is a "Notice of preliminary hearing/preliminary arraignment." They just expect you to show. You miss that (at least without a lawyer in the PA county involved) there will certainly be a warrant. They'll typically do the arrest stuff (fingerprints/mugshots) at the time of the preliminary hearing (or they'll send you a separate letter telling you to come in for those).

    If a warrant is issued, NY can certainly hold you until PA decides whether it's worth their while to come get you. Which county? You will be held until they come or NY decides they're not going to deal with waiting anymore. Once you get to PA, you've got 72 hours to be brought to the magistrate down there (though in most counties, they have one on duty 24/7, so you won't wait that long).

    So fill in the blanks a little bit. Have you received the PA charges? If you have, you can most likely contact the court involved and make sure you have the appearance date you need (it often does change).
    Yes the NY lawyer did not mention anything about PA only about a warrant issued for a missed court date for a DAT. I have not missed a date or received any notices from PA. I was told me and my girlfriend have a warrant tho by her lawyer who is in PA, Plymouth country if I remember correctly. I just want to know if I go to court on the 28th will I be held on the count of this PA warrant. Like I said the lawyer hasn't said anything about it. I am going to give him a call today.

  5. #5
    Join Date
    Sep 2010
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    19,901

    Default Re: an Out of State Warrant and Upcoming Court Date

    Ask her lawyer if he can find out the status of your case. Do they have your proper address? I've seen it take MONTHS for some DAs (like Berks county) to get the charges filed and notice of the prelim sent out.

    If there actually is a warrant, you do have a strong possiblity of getting detained on any run in with law enforcement including appearing in court on other warrants.

  6. #6

    Default Re: an Out of State Warrant and Upcoming Court Date

    Quote Quoting flyingron
    View Post
    Ask her lawyer if he can find out the status of your case. Do they have your proper address? I've seen it take MONTHS for some DAs (like Berks county) to get the charges filed and notice of the prelim sent out.

    If there actually is a warrant, you do have a strong possiblity of getting detained on any run in with law enforcement including appearing in court on other warrants.
    They do not have mine but they do have hers, she hasnt received any paperwork only got the call that me and her have warrants. This situation in PA 1st came about in February.. so those months may have passed. I am almost certain the warrant is out there, just would like to know my odds of being detained on my court date even tho it is a low level crime.

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