Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal law.
If you entered into a plea agreement
and did not comply with the terms of the agreement, then the court can impose the original possible sentence
, or any lesser sentence.
So to answer your question
"are you a felony fugitive"
The answer is likely yes. What you describe, if you pled to a felony charge but did not complete the sentence agreements, the court can void the plea agreement and can sentence based on the original conviction.
This assumes that you pled guilty to the felony charge, and that you did not comply with the requirements of your plea deal.
Now...practically speaking, it is unlikely you would do significant jail time at this point...not after all these years, assuming that was your first conviction and you do not have any subsequent felony convictions. But technically, since you did not comply with the plea agreement, you can be sentenced to the maximum punishment authorized for the charge. In reality what would likely happen if you turned yourself in would be they would force you to complete the sentence terms required in the original agreement and perhaps levy an additional fine. They may also impose a period of probation on you going forward
To answer your questions
1.Will this keep me from getting a passport?
It could. IF you have an active felony warrant, that would be grounds for the US Passport agency to refuse to issue a passport. They theory is that they do not want to issue a passport to a know fugitive.
2. Is there a way to deal with this from Washington with a NY lawyer?
Perhaps. Though at some point you will likely need to travel to NY to resolve this. It may be the court will negotiate with the lawyer in your absence. But in my experience they want you present. I have not seen a court lift a warrant until the accused is present...so you may be better served to travel there yourself and turn yourself in..it may be you can save the lawyers fees.
So long as you are absent the warrant will remain active. The court will want you present before they lift the warrant.
3. Is it possible to make a deal to pay the balance of the restitution and close it?
Likely, yes...if you turn yourself in. Understand that until the warrant is lifted the court will not negotiate with you. But once you address the warrant, the court will be happy to work with you to resolve the remaining requirements from your plea agreement.
4. Is it possible to get this expunged? I have been in zero trouble, I am a family man with 4 kids and a business owner. The charge was bogus in the first place and an irresponsible prosecution.. (in my opinion)
You are a ways away from that. You have an active felony warrant...you have to resolve that first. The other issue you have is that under NY law they will not expunge a conviction. SO you would need to apply for and be granted a pardon from the Governor before you can qualify to have the charges expunged.
5. Is absconding a second charge? misdemeanor? felony?
NYPC (penal code) has several Absconding charges. They range from misdemeanor to felony depending on the circumstances. They apply when a person is released from confinement and after release does not comply with the terms of their release. This may apply to you...it really depends on the nature of your plea agreement. To charge you with Absconding they have to prove you were released and required to return but did not. That does not really fit what you describe...that is if you never were confined, they would have a tough time proving Absconding. But they can go back and sentence you for the charge to which you pled to but did not fulfill the requirements of the plea agreement.