Legal Question in Criminal Law in New York

Re: Sol

I'd hate to be the bearer of bad news but generally what happens in situations like these is that an arrest warrant is issued for the defendant when they fail to come back. This would show up as a 'possible record' on a background check.

It is terribly important that you seek proper counsel, whether it be through legal aid or through your own hired attorney (which i ALWAYS recommend if you can afford it), and return to court to clear up this matter.

Thge statute of limitations does not apply in any way to this case as you have already been arrested and charged, and the reason for the peoples continued inability to prosecute is your failure to appear... which automaticaly stops the running of the statute of limitations on any case.

Please feel free to contact my office regarding this matter #2127098303

Re: Sol

Dude, you need to clear this up! Go to your local Legal Aid Service or whatever is in your area if you meet the financial guidelines and cannot afford an attorney. Otherwise pay a good criminal lawyer.

The statute of limitations in a case is the amount of time to bring charges against you. You already saw a judge. So, they brought charged against you. Forget the Statute of Limitations. The clock stops on everything while you are missing. As far as the law is concerned it is still 1986.

You need to find out the status of your case. Is it still active? Has is been dropped? You may never have piece of mind until you know. It is very scary, but your choices are to face it or to look over your shoulder forever. Maybe you like how your shoulders look. That�s fine. But you probably wrote here because you may prefer to have the air cleared. The Office of Court Administration can run a criminal records search on you. It cost very little is very fast. If something pops up, see a lawyer. You�ll likely have to return to court. Bring a damn good excuse for why you didn�t come back. The fact that you came back at all will work to your benefit, but 20 years? That�ll at least get you yelled at. In most every criminal case the defendant is told, right in the courtroom, when to return. Most people are going to assume you got cold feet and �Bench Warranted� (stayed away). A bench warrant can get you arrested. �Bail jumping� can get you convicted. Not a difficult charge to bring or prove: you were told to come back; you didn�t; end of story. So you need to convince the court of your �innocent� state of mind on forgetting about this case. Don�t think anyone will have sympathy for you if you try to make too many excuses.

Your lawyer may be able to help you work something out. You�ll still be facing the original criminal charges if the case is still alive. Bail may be set or you may be held, or you may be released on your own recognizance depending on how annoyed everyone is and how impressed they are with your return.

Above all- PLEASE BE HONEST WITH YOUR LAWYER. She doesn�t have to TELL all the facts. But she does have to know the truth to work with you and get the best result.

Of course, it is not possible to give good and accurate legal advice without a thorough review and analysis of the facts and law of the case. If you�d like to make an appointment with my NYC office, please feel free to contact us.

GOOD LUCK in working this out!

Tanya Robinson

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Former prosecutor Tanya Robinson can be seen live on Court TV�s �Open Court� Wednesday, August 16 at 9:99am EST. Check you local listings (show is not live in all areas or on all cable carriers).