Legal Question in Criminal Law in New York

A little over 15 years ago, I stole my mothers car. Went out, got drunk, crashed the car, was arrested the very next morning. Was going to court, kept getting a continuence to pay off the lawyer ( I was making $50 payments), decided to stop going. I was still a little under the influence when the detective to me to write out that I stole my mothers car. Anyway, jump ahead 'bout 5 years and I'm getting married by a Justice of the peace who is a Judge in the same town where I was arrested in the first place, another anyway, my wife and I took care of mom untill the day she died. How long can a bench warrant stay active and what can I do to make it all go away with out having to go back to New York?


Asked on 11/20/09, 3:17 pm

1 Answer from Attorneys

Stuart Austin Austin Law Associates, PC

The case could be dismissed upon motions, for failure to speedily prosecute. Another option is an adjournment to continue to stay out of trouble (6 months usually) and then a dismissal-- called an ACD. A third option is a plea in absentia. The above options may require 1 court appearance or the court may waive your appearance and allow your attorney to appear on your behalf. You can call me if you want to discuss any of the above options in greater detail.

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Answered on 11/25/09, 3:47 pm


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