Legal Question in Criminal Law in New York

Tried, once, twice, or three times for the same crime

Got in trouble in 1988/89, the judge decided to combine charges, (I was in court for more than one charge at separate times), I agreed to the terms of which my family and attorney set for me which was a drug and alcohol treatment center with an exceptional success. Was told that if I was not accepted in the treatment center that following day, I would have to report to court on the day assigned for me. I was admitted that same day, completed and choose to live in that city, 12 yrs later, I got into another legal issue, and was arrested for warrants(1 arrest, 2 bench)and held in county jail until some one came to expidite me to another county to answer to the warrants, I was advised of my rights and I choose to see a local judge, of the sole purpose of bail he set bail, I made bail, all information was forwarded to the other county, and they still refuse to lift the warrants, they would rather I turn myself in, possibly see the judge, and dispose of the legal issue.


Asked on 4/16/00, 2:30 pm

2 Answers from Attorneys
Raymond David Marquez R. David Marquez, P.C.

Re: Tried, once, twice, or three times for the same crime

Your question is really more like a statement so I'm not sure what your asking. Assuming, however, that you want to known what to do next the answer is simple. Get an attorney and have your attorney contact the District Attorney or the Court to arrange a date for you to go to court and vacate the outstanding warrants. That will mean that if there is a requirement for you to post bail you can prearrange to have someone go to court ready to post bail for you. By arranging for a date certain on which to appear in court you are assured that your attorney will be there to service you on your arraignment. I assume that these new warrants are not related to the trouble you had back in 1988/89, because if they are related, then you can go to the court from which you were sent to rehab and get a copy of the disposition slip from that case. The disposition slip should indicate how the case was disposed, assuming that it was disposed, as you say, upon you going into rehab. Contact the attorney you had back in 1988/89 to see if that attorney can help you, if and only if, your current trouble is related to the old case.

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Answered on 4/25/00, 7:58 pm
Daniel Conti The Law Offices of Daniel A. Conti,P.C.

Re: Tried, once, twice, or three times for the same crime

No New York court will lift a warrant without the defendant's appearance in court.

My advice to you would be to retain a lawyer, and instruct the lawyer to attempt to negotiate

a surrender AND disposition of your case before you appear to vacate

the warrants. This way, you'll know what's going to happen regarding bail and a plea

offer before you surrender.

Good luck.

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Answered on 4/25/00, 7:25 am


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