Bench warrants

wungchow

wungchow

Bluelighter
Joined
Dec 12, 2006
Messages
893
Location
nyc
Hey all,

I live in upstate NY. Recently I had to appear in court for a misdemeanor attempted petit larceny, and I was sentenced a fine and 100 hrs of community service. I paid the fine, but I don't plan on doing the community service. (They only gave me 1.5 months to do it, and I'm a full-time student. Just fucking rediculous.)

I know a bench warrant will be issued if I'm late turning in my community service, but will police come looking for me at my apartment or at my classes? Am I going to have to keep a low profile for a few days? Maybe I'll shave my head and dress differently, and stay at a friends house, only leaving just to go to class.

Any insight would be appreciated.
 
wungchow said:
Am I going to have to keep a low profile for a few days? Maybe I'll shave my head and dress differently, and stay at a friends house, only leaving just to go to class.
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false beards and cowboy hats work best -- the bigger, the better. ;)

if a bench warrant is issued for you, the cops could pick you up on a warrant sweep at any time, or when you are pulled over for speeding, or when you arrested for something else. there's no way of knowing WHEN and WHERE. a warrant is good until served, so don't count on the bench warrant expiring either. an attorney would almost certainly advise you to DO the community service. it is worth the inconvenience. another possibility is asking the court for more time. talk to your attorney or call the magistrate/judge's office for this. alternatively, you can do nothing and spend the rest of your life looking over your shoulder.
 
Community service isnt so difficult. I found a great volunteer organization where I just walk and play with dogs and it's actually quite rewarding work, though the time frame given is pretty ridiculous.
 
You will be issued a bench warrant if you do not return to court/your lawyer does not return to court after the (usually 6-8 week) grace period is up after recieving your sentence.

If you don't want to be involved in more legal trouble, I suggest you do your sentence. You can be jailed for not upholding your end of your plea agreement. I'm assuming you plead nolo and agreed to the 100 hours.

A bench warrant consists of (in my state) an initial visit to the home/work for arresting, if the defendant is not seized---your name will be entered into a database in which every time your name is ran-you will be arrested for not appearing at court. You could be pulled over for a traffic stop and end up having to spend the night in jail.

It's best just to avoid this altogether. I'm also aware that in some states they also search countrywide for warrants. While I'm not clear on extradition policies of your state--in mine, they can detain you and extradite you for a crime you've committed in another state if they see fit.

Just do your fucking time and hate every second of it. Atleast you can say you've learnt from your mistake(s), riiiight?
 
1.5 months is a short amount of time for 100 hours..... but if u did 10 hours a week (2 hrs, 5 times a week) then you could get it done in time. That seems like a much better idea then risking your status as a full-time student b/c you will go to jail sometime down the road if u are pulled over, or at a road block, or at a party that gets busted, or if you decide that its safe to move back to your apartment, only to find a polic officer there the next morning. I dont mean to preach at all, but it seems like the risk you want to take in order to make time for school, could turn out to take even more time away from school if/when you are caught
 
yea i guess i'm just wondering how likely it is that cops will come to my house, i currently don't own a car and the campus is served by University Police as opposed to the town police (who I got in trouble with.) so my chances of getting positively ID'ed by police are pretty slim
 
For a misdeameanor warrant the constable will usually make one visit to whatever address or addresses you gave when booked. Starting with home and possibly the work address you listed. This is standard practice and your local area may vary, if you can't be located you will be arrested anytime a police officer in the state runs your info or drivers license like during a traffic stop. All bets are a misdemeanor warrant will remain in state only, but its up to each state what they want to submit to NCIC. Extradition is also up to the state that issued the warrant.

Felony warrants are usually submitted by the issuing state to the NCIC so will show up nationwide, but again it depends on the state.
 
Expect another fine for not doing to work. They MAY give you a suspended sentence if your very looks, or an unsuspended on if your very unlucky.
 
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