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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16505
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hello and good afternoon Im in a bad situation and I need

Resolved Question:

Hello and good afternoon I'm in a bad situation and I need answers.. I had caught a financial transaction card fraud charge in 1993, I was released through a bails bonds men, in hennipen county.. I was released on $1000 bond.. I was informed through the bails bondsmen that I will receive a letter in the mail cause I live in Brooklyn ny letting me know about when I have to come back to court and I never received anything concerning this charge or case in 1993.. I'm 45 year old and I didn't run or jump bail.. I was younger and I made bad choices.. And I did serve a two year prison term upstate ny in 2003,and was released in 2005.. So my thing is if I had this warrant why I wasn't informed or either could have I resolved this matter then due to my incarceration!!! I had no clue and didn't know that this was over my head!! Being that I haven't received any documentation for this crime since my release I thought it was resolved or thrown out cause I got caught with not even $500.00 worth of merchandise!!! The only way I found out was because I had applied for a passport and they refused me because of this matter!! I know it need to be resolved cause I want to live my life comfortably and not thinking that I'm being looked for!! So could oh please let me know what I need to do to resolve this matter!! I cannot come down there I would like for this to be resolved without me coming there
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hi Jacustomer,

I'm a New York State lawyer.

You have what we refer to as a due diligence argument. If you remained in NYS and you even spent a couple of years in the custody and control of the state, then they had knowledge of your whereabouts and should have resolved this warrant back then.

You need to get a lawyer and go back before the judge who issued the warrant. The lawyer can argue the due diligence issue, get the warrant lifted and, possibly even get you credit on the case for the time you already served when the warrant was pending. If not, at this point you could probably plead guilty pay a fine and go home.

Warrants are usually bad news situation, so I wouldn't go in without a lawyer. Judges could see you as a fugitive and want to put you in jail, but this is a very old matter and your own RAP sheet proves that NYS had you and they chose to let you go without addressing this. In circumstances where I have had clients in similiar situations, they have been able to resolve their cases right then and there and go on their merry way.

Good luck!
Customer: replied 1 year ago.
Fran thanks for information so I need a lawyer?? Could you represent me in this matter??
Expert:  Zoey_ JD replied 1 year ago.
Hi,

Unfortunately, the terms of service on JustAnswer forbid a lawyer to represent a customer on an outside case. We're also not able to refer to a particular lawyer or law firm. So I cannot represent you.

Judges dislike warrants more than anything on earth and in the eyes of the court, a person with a warrant is a fugitive from justice. Many judges are inclined to just shoot from the hip, not listen to what you may have to say and put you in jail for a couple of days while the ADA looks for his file and retrieves it from archives.

While the judge may not want to show you personally any courtesy, he will nevertheless listen to what your lawyer has to say. So the best person to make an argument of this kind is a lawyer, especially since it is a legal argument, your having been in the custody and control of the state.

I can direct you to a referral service that lawyers themselves use when they need to consult with an attorney in a strange town or state. The New York State Bar Association's Lawyer referral service is one such place. Their $35 referral fee includes a free half hour with the lawyer. If you want to ttry a commercial service, Martindale.com has been around for a long time and is highly respected. Many of their lawyers are peer and client rated which some folks find useful.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16505
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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