When you face criminal charges in Queens, you can expect to be ordered by the Court to appear on a certain date. If you do not show up, you can also expect to face bail jumping charges. Facing more charges could land you in serious legal trouble, even when you have a viable defense to your original case.
When you miss court and are facing a warrant for your arrest, now is the time to speak to a skilled criminal defense attorney like Mike Schillinger. You may be able to resolve this issue; however, securing a favorable outcome is difficult without the guidance of an Astoria bail jumping lawyer. Call today to speak with our knowledgeable Astoria failure to appear lawyer about your case.
Is Appearing in Court Necessary?
Anyone charged with a crime in New York State must appear before a judge. This mandatory appearance date can be provided to you by either the police officer that arrested you, or the Court after your first court appearance. They will typically provide you with all the needed information to appear, including the date, time, and location of the court hearing.
Whether you receive this notice after your arrest or when you are released on your own recognizance makes no difference. If you do not appear back in court, the state’s attorney may add additional charges against you.
Often, state law provides a grace period for failing to appear in court: Before charges are filed, there is a 30-day window that allows you to contact the court and make things right. Failing to do so within that period results in additional charges on top of your original charge. Under NYS PL § 215.55 a person can be charged with bail jumping, a class “A” misdemeanor, if he or she does not appear on their court date, or voluntarily within thirty (30) days afterward.
Providing a valid reason why you could not attend court can often help in these types of situations. Judges understand that illnesses and family emergencies happen, and evidence of these last-minute conflicts could be enough to avoid these charges.
Defenses in a Failure to Appear Case
There are a few different ways to defend a failure to appear or bail jumping charge. The right approach depends on many factors, including whether you had a viable reason for missing court. When the court date was less than 30 days ago, and/or you have a valid reason for failing to appear, contacting an experienced attorney in Astoria is critical to your defense.
There are viable defenses even when the grace period is no longer an option. If an absence was unavoidable, beating these charges could still be possible. For example, someone incarcerated in another county at the time of the hearing could explain their situation to avoid additional charges.
Finally, there is a notice requirement the state must comply with. Failure to appear charges are only appropriate when you are given proper notice. If you were not notified of your court date or given incorrect information on when to appear, you could have a viable defense. Mike Schillinger is a seasoned lawyer in Astoria, and is familiar with the law. He can help you determine the best defense option for a failure to appear or bail jumping charge.
Contact a Failure to Appear Attorney in Astoria For Help With a Case
You have the right to a defense when you are charged with failing to show up to court. The proper defense strategy could ensure your charges are dismissed. As an Astoria failure to appear lawyer, Mike Schillinger will protect your rights in court and ensure you avoid additional charges. Call today to schedule a meeting.
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