Legal Question in Criminal Law in New York
My boyfriend was arrested on July 4, 2010 for his violation of probation warrant. Before he was arrested he gave them a fake name and now he is charged with criminal impersonation in the 2nd as well as unlawful possession of marijuana. After being arrested they transferred him to the county where his warrant was issued and was placed in Steuben County Jail. His court appearance was scheduled for the impersonation and possession charges on August 3rd but he was told by the jail that his court appearance was postponed and heard nothing else about it. He is now waiting to start shock camp and now has a warrant for his arrest for not appearing in court. This can potentially delay the start of the shock program and will take longer for him to get out. I called the sheriffs that have the warrant and cant get anywhere. Can they legally put a warrant out for him when its not his fault he didn't appear in court because he was in custody?
1 Answer from Attorneys
It does not matter why he did not appear in court, the warrant will be issued. I would get him an attorney in the county that the warrant was issued to appear and inform the court of the circumstances that exist so that court can request that he be sent there to appear and clear that charge.
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