Legal Question in Criminal Law in New York

question about arrest and court date

if an arrest was made but the complaintant never received a court date and the courts do not have any info on either the victim or the suspect, is there a need for the suspect to appear in court and if so, can they do any jailtime even if the victim doesn't appear in court?


Asked on 1/29/07, 2:31 pm

2 Answers from Attorneys
Craig McElwee Law Offices of Craig E. McElwee, LLC

Re: question about arrest and court date

Complainants in criminal cases are not necessary parties to each court date. They are not always notified or subpoenaed to appear. The accused/suspect/defendant however may be required to appear under penalty of a warrant and jail. Speak to your lawyer . . . the ONLY time you should miss a Court date is when he/she explicitly says you are not required to be there.

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Answered on 1/29/07, 8:08 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: question about arrest and court date

you should ALWAYS appear in court on yoru scheduled dates, as a warrant could be issued against you if you do not. If there is an issue with the file your attorney should perhaps seek a dismissal either now or in the near future as a result of the circumstances - if this is a temporary situation, sadly this is somewhat common and has happened to other people I am aware of, especially in one of the Borroughs where it tends to happen more frequetly...

If, however, you would like further assistance feel free to contact me through my email address provided below, if you would like a little more free information you may visit my website at cgonzalezlawfirm.com or call us directly at 2127098303

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Answered on 1/29/07, 2:45 pm


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