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Can I get an arrest warrant lifted without being booked and actually arrested in New York?

Schenectady, NY |

My ex and I have orders of protection on one another. We went through tons of court crap last July (2011) to up about a month and a half ago. I did not get convicted of a crime but got 3 years probation. I split up with him recently and he went to the police saying I called him and said "mean things and called him names". In all reality, he has been calling me with threats and blackmail. I have the phone records and video tape of the threats and blackmailing. I CAN NOT get arrested while on probation and I am starting school back up in a few weeks. I can not be going through this again. Can I bring this evidence down to the court and have them lift the warrant of Criminal Contempt and be done with this?

Attorney Answers 4

  1. You are in danger of arrest. Contact a lawyer to discuss the tapes with the police and prosecutor. Do not take tapes to police on your own n

  2. First of all unless you are under nineteen if you got three years probation then you were convicted of a crime. With regard to what's going on now, if a warrant for your attest was issued it will not get lifted until you are arrested. Do not discuss anything with the police on your own. You cannot talk yourself out of an arrest and everything you say to them will be used against you. Make sure you get a lawyer ASAP.

  3. No. 1st, you were convicted of a crime if you got probation. In this case, a misdemeanor.
    2nd, until the warrant is processed, the court does not review the case.
    3rd, are you sure there's a warrant or just a complaint the police want to arrest you on.

    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

  4. Your best bet is to hire an attorney, provide them with all of your evidence and have them reach out to the police and prosecutors on your behalf. If your proof is convincing, they may not arrest you. It's certainly possible that they will arrest you no matter what you do but your only shot at avoiding an arrest is having an attorney speaking for you. Your attorney can also speak to your probation officer and let them know what's going on. Some POs will hold off violating you until they see the results of the criminal case.

    Richard Southard
    I am a former Deputy Bureau Chief with the Brooklyn District Attorney's Office who has been specializing in criminal law for over 15 years. I offer free consultations by telephone, in-office or by videoconference.

    All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website

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