
For example: When is it? Where do I go? Who is my lawyer?
You can use the free New York state court resource Webcrims to find out this information. Or, you can call the CJA Helpline (646-213-2683, press 4) to find out more. We’re here to help!
Life can be hectic and making a scheduled court date isn't always easy. If you think that you will be unable to make your scheduled court date, don't panic. Follow these steps as soon as possible:
Contact your lawyer: With any problem that occurs in your case, contacting your lawyer should always be the first step. If you haven’t retained a lawyer, you will have been assigned a public defense attorney. If you don’t know who your defense attorney is or don’t know how to contact them, call our CJA Helpline (646-213-2683, press 4) and they will help connect you.
Make preparations: Many people fear that they will be unable to make a court date because of other responsibilities in their life. If you must miss work to make court, notify your employer as soon as possible to make sure that they can prepare for your absence. If you have young children and fear that you will not be able to secure childcare on the day of your court date, don't worry. City courts have childcare services with professionals that can look after your children while you are in the courtroom. To find more information about the childcare centers, visit this website.
If necessary, attempt to reschedule: Missing a court date can have serious consequences. If you know you will be unable to attend a court date, you should speak to your lawyer in advance to discuss your options. If you need to miss a court appearance, you might need to provide your lawyer with documents that verify the circumstances that will prevent you from attending court. If you don’t know who your defense attorney is or don’t know how to contact them, call our CJA Helpline (646-213-2683, press 4) and they will help connect you.
If you miss a court date, it's likely that the court will issue a bench warrant, which is a kind of arrest warrant. Once the judge issues a bench warrant, police are authorized to arrest the person with the bench warrant and bring them back before the court. If a bench warrant is issued, the person who failed to appear may be taken into custody at any time, such as during a routine traffic stop or if police search the person’s home or work. In order to address the warrant, follow these steps:
Act immediately, and don’t panic: If you know or suspect that you have a bench warrant, you should address it as fast as possible. And we can help. You can always call our CJA Helpline (646-213-2683, press 4) to talk with our staff about how to vacate your warrant.
Contact your lawyer: In any situation where a bench warrant is involved, being in contact with your lawyer is always the best option. Your lawyer will be able to negotiate when and how you can appear in a way that may reduce the consequences for missing court. If you have any circumstances that contributed to your missing court, your lawyer can argue those to the judge, which may also reduce or prevent any consequences for failing to appear. At this point in your case, if you haven’t retained private counsel, you will have been assigned a public defense attorney. If you don’t know who your public attorney is or don’t know how to contact them, call or email our CJA Helpline (646-213-2683, press 4) and they will help connect you. Or you can use the free New York state court resource Webcrims to find the name and contact information of your lawyer.
Appear in court: The ONLY way to vacate a bench warrant is to appear in court. You can go to the court clerk's office to vacate your warrant. It is unlikely that you will be arrested when you do this, but it is always best to do so with your lawyer just in case. This may seem like an intimidating situation, but the consequences of not going are far greater. No matter what the situation is, contacting your lawyer and appearing in court is a better option than being arrested and brought in by the police.
Do you have other questions about court and legal matters not answered here? If so, call the CJA Helpline (646-213-2683, press 4) to talk to an Outreach Member and see if you can get the answer to your question.