Criminal Law Questions? Ask a Criminal Lawyer.
If your under a court order to appear - the judge can put out a bench warrant for your arrest.
Did you ever live or were in AZ? Why is this case in AZ?
OK, you really have no choice in the matter to appear (with or without the assitance of counsel). That if you don't appear - most certainly the judge is going to put a warrant out for your arrest. The judge is going to put out a warrant for your arrest most probably even if you have legal representation if you don't appear.
So, my advice would be to make sure your at the court as per the order. You have no alternative - the judge, under the circumstances, has little choice but to put a bench warrant out for your arrest under the circumstances.
Yes, absolutely he would do such. In fact, if he makes it an issue - the judge could contact the court in AZ and verify such and immediately place you in jail at that time if the warrant is still open.
Most certainly, if that warrant is open at the time of the custodial hearing - I would almost guarantee you will lose custody.
So, my advise would be to appear at the hearing in AZ and see what you can explain to the court there. To much is at stake - you will almost certainly lose in NY if they place the bench warrant for your arrest in AZ.
If you show up in court - it would all depend on the judge's perspective in the matter. I do know that it's the last thing they want to do - put someone in jail over a domestic squabble/matter (not to make light of your situation). However, if a person doesn't show - then they have to move forward and take action - that really means they have no alternative but to place a bench warrant for their arrest.
So, I don't think you will go to jail at all if you appear at the hearing. I do think think you will end up going to jail if you don't appear.
I don't think they would charge you with perjury - that's a known falsity under oath. Usually they don't go there in family law cases.
No, you have the 5th Amendment right against self-incrimination. As such, you don't have to say anything.
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