Legal Question in Criminal Law in New York

My friend was on felony probation for a crime in which he received youthful offender status for. His probation was suppose to be violated but he fled the state in fear for his life. I am not sure if a court date was set before or after he left, for the violation. Could he have a warrant out for his arrest? If so, would it be a felony warrant and could he be extradited?

What would an attorney recommend? If he turned himself in, could an attorney negotiate no jail time?


Asked on 7/23/09, 3:55 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Failure to return a/or Appear in Criminal Court on a date set, ordinarily triggers issuance of a Warrant for the arrest of a Defendant. If a Warrant is issued, virtually any incident, (even spitting on the street) whether in or out of State, or in or out of the Country, can trigger extradition back to the State Criminal Court's jurisdiction.

Your friend needs to IMMEDIATELY contact his attorney. His attorney is in the best position to advise your friend how he should proceed, before he makes his situation worse. The attorney should be able to arrange for your friend's Appearance before the Criminal Court and Vacutur of the Warrant. But, the Prosecutor is unlikely to agree to anything more than that, in advance of the Defendant's return.

Good luck,

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Answered on 7/28/09, 4:55 pm


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