Legal Question in Criminal Law in New York
false imprisonment
My name--is showing up with an open warrant for trespassing over 20 years ago. I have been through so much I don't even know where to begin. What can I do to clear my name? It does not belong to me.
3 Answers from Attorneys
Re: false imprisonment
You can surrender yourself to the police WITH your lawyer present. At that point, they will either prosecute you on the case or dismiss it.
If you are prosecuted, you should be able to have the case dismissed -- due to their failure to prosecute for 20 years.
James Kats, Esq. www.lawjsk.com
Re: false imprisonment
A competent criminal defense attorney will help you voluntarily surrender in the county where the warrant was issued. Then due to it's age the warrant will be vacated and very likely the matter will easily be resolved.
Re: false imprisonment
You may want to retain a criminal defense attorney for this as it will probably help the process along. Basically you would need to go to the clerk's office at the courthouse where the warrant was ordered to get it resolved. If the warrant is not for you I would bring multiple forms of ID. The last thing you want to do is ignore the warrant, because if you ever get stopped for some reason by the police and it shows up they will arrest you. Please feel free to contact my office if we may be of any assistance.
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