Legal Question in Criminal Law in New York

Petty Larcony charge from 1998 in New Hartford NY

My boyfriend just received a letter stating he has a warrent for a petty larcony charge in New Hartford NY and he has been living in Wilmington NC for 10 years. He served a year in a Wilmington prison for a drunk driving charge 3 years ago and was on probation for 6 years and now out of the blue this comes up. He called up there and they said it could be a fine or he may have to appear or do time..... He has not been hiding from this at all. Why havent they done this sooner? Is it likely it will just be a fine, since he's out of state? What could the fine be. Oh technically he cant drive because he has to have one of those things on the car you blow into to drive, so how can they make him go up there?


Asked on 4/15/08, 10:05 am

3 Answers from Attorneys
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: Petty Larcony charge from 1998 in New Hartford NY

The State of New York will not extradite him from another state for a petit larceny. It is just too expensive for the state. If he stays out of the state for the rest of his life, he has no problems.

Petit Larceny is a misdemeanor and is punishable with a fine and a year in jail.

Once the warrant is issued, the statute of limitations is waived and the warrant can sit there forever.

If he is caught anywhere in New York State they will arrest him and bring him back to New Hartford where he would have to stand trial.

If you retain the services of a New York Lawyer, he/she may be able to negotiate a plea bargan with the Assistant district Attorney, and the Court which could be accomplished without the Defendant appearing.

If you would like, contact me and perhaps I can help you.

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Answered on 4/15/08, 10:12 am
James Kats James S. Kats, Esq.

Re: Petty Larcony charge from 1998 in New Hartford NY

You should be able to have this charge dismissed because the district attorney waited so long to pick up on the case again. See an attorney about making a motion to have the case dismissed.

James S. Kats, Esq. www.lawjsk.com

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Answered on 4/16/08, 4:38 pm
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: Petty Larcony charge from 1998 in New Hartford NY

He should retain an attorney to get this warrant resolved. It is never a good practice to leave an open warrant out there for a number of reasons. In addition, if the warrant was issued prior to his being incarcerated then the prosecutor in New York had an obligation to extradite your boyfriend. If they do not take the steps to produce him then it is possible that the case can be dismissed on those grounds.

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Answered on 4/15/08, 1:23 pm


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