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I need assistance, My father had some pending charges on him

Customer Question
about 12 years ago in...
I need assistance, My father had some pending charges on him about 12 years ago in the state of ny. He has not been convicted of anything because he jumped bail and fled. Now fast fwd to today, I want to know what those charges are and if they are still active. I can not seem to find anything but I do not know where to search any suggestions?
Submitted: 8 years ago.Category: Criminal Law
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1/3/2010
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,706
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Customer

If your father had an open criminal matter, jumped bail on it and failed to appear, there is almost certainly an active warrant for his arrest. Warrants never expire.

The on line $30 searches are unreliable at best, ***** ***** you have no right without a court order to obtain anyone else's RAP sheet. If your father is still alive, he is entitled to a full copy of his criminal record which he could get either from the FBI or from the state. The former is more accurate but would require his getting printed. And with a warrant he would never want to walk into a police station and get a report.

He can also, however, walk into a public defender's office, explain that he is not sure of whether there is a warrant outstanding or not. If it's a NYS warrant, Legal Aid should be able to pull it up for him and advise him of how to deal with it if he wishes. A public defender's organization will not report him to the state if he chooses not to return on the warrant.
._____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
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Customer reply replied 8 years ago
I forgot to mention he is no longer in this country, so he wont be able to do anything. Im the only one, im in my 20's and want answers about my father which I can not find. what do I do? Im so lost.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 years ago
Customer

Sorry for the delay. I made a quick trip to the local grocery store.

The problem is it's your father's record. If he wanted you to know the specifics of his history, he could have told you. I am not saying that to be casual or flip. There are all sorts of reasons other people want to know about someone's record. Sometimes it's to use that against the person or against his privacy interests, which is why the law protects the records.

If your father wants his records from where he is, he could retain counsel to get it for him easily enough, as it would likely cause a problem if he wishes to come back into the country and has a warrant pending.

You can try to call a public defender's office and/or the clerk of the court where the case was to have appeared and see if they'd at least give you the information as to whether there's a warrant and what type of a case it's on. Don't be surprised if they turn you down, but on the right day, you just may be accommodated.

._____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.
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