Legal Question in Criminal Law in New York

bad check // Reply

In almost all cases, if the Judge is satisfied that you were in fact served personally with as you call it, the summons [or appearance ticket], assuming that it is for an appearance in a CRIMINAL Court, your failure to appear will generally result in the Judge issuing a Bench Warrant for your arrest. That means that (a) you can be arrested; (b) if arrested, you will go to jail until bail is set and/or posted; (c) the criminal charge will still exist.

By all means, go to court. If you cannot afford an attorney, tell that to the Judge and you may be entitled to a Public Defender Lawyer to represent you. If you are working, generally you will have to pay for the lawyer.

Depending on what (if any) your prior criminal record is, the DA's office may allow a plea bargain.

Under no circumstances talk to the police without a lawyer present, even if they arrest you. They can do NOTHING for you, but the law DOES allow them to lie to you. Regardless of what they may tell you, you ALWAYS have the right to an attorney to talk for you, either to the police or to the Court - use your rights, that's why we have a Constitution.

Good Luck and contact me if I can be of additional assistance.

Don Rehkopf

Re: bad check

Mr. Rehkopf has given you excellent advice. If you are in the New York City area and need assistance feel free to contact me.

Re: bad check

IF YOU RECEIVED THE SUMMONS, IT IS ADVISABLE FOR YOU TO SHOW UP ON THE COURT DATE.

IF YOU FAIL TO APPEAR A BENCH WARRANT FOR YOUR ARREST COULD BE ISSUED. IF YOU ARE ARRESTED UNDER THIS CIRCUMSTANCE, YOU WILL REMAIN IN CUSTODY UNTIL SOMEONE CAN POST A BOND FOR YOUR BAIL.

RATHER THAN PUT YOURSELF IN THAT UGLY SITUATION, IT IS BETTER TO APPEAR. YOU CAN THEN REQUEST FOR A LEGAL AIDE ATTORNEY IF YOU CANNOT AFFORD A PRIVATE ONE.