If I have a bench warrant in New York, is it statewide or nationwide?

Asked over 3 years ago - Brooklyn, NY

I want to fly to U.S.A. from Europe. What are my chances of getting deported if I was charged with Criminal Sales of Controlled Substances and Failure to Appear at a Supervised Drug Program (outpatient)?. What can I do to come here without getting arrested right away?( I want to clear the warrant out)

Additional information

I was charged in NY but left to Europe on an open case, and now I want to come back. I have a green card.

Attorney answers (5)

  1. Eric Edward Rothstein

    Contributor Level 20

    Answered . You are charged with a Class B felonly so its a very good bet that the warrant will show up when you enter anywhere in the US. If you enter other than NY, the issue is will the DA extradite you and they probably will. You will stay in jail in the other state while the DA decides what to do. There is not much you can do to avoid getting arrested on the warrant other than have a lawyer try and negotiate a deal ahead of time and get the warrant lifted for a period of time to allow you to enter. The DA and Judge may or may not go along with this. I am a former federal and State prosecutor and now handle criminal defense so feel free to check out my web site and contact me if you wish to retain an attorney.

  2. George Peter Conway

    Contributor Level 17

    Answered . In my opinion, the warrant has probably been entered in a national databank maintained by the Federal Bureau of Investigation. In my opinion if you return to the United States you will probably be arrested and most likely held without bail pending trial and/or deportation. In my opinion, you will most likely be deported if you are convicted of any crime. I strongly urge you to consult directly with an experienced criminal defense attorney and an experienced immigration attorney each of whom may be able to minimize the consequences of your actions.

  3. Theodore W. Robinson

    Contributor Level 20

    Answered . I agree with Mr. Conway's answer and disagree with Mr. Barrow's form of answer, It may sound cute, but not very professional. Sorry to have to say it publicly, but its true.

    Yes, you will likely be arrested any place in the US and extradited to NY for prosecution. You will need the best experienced criminal defense lawyer you can hire to defend you. The longer you're away, the better since witnesses and police tend to leave the jurisdiction or lose their memories about matters of this type and after long enough, the DA may not be able to prove their case any longer.

  4. Rohn Conan Barrow

    Contributor Level 14

    Answered . Yes, you are going to get picked up. Now, planning, planning. You are out (out of custody that is), you have time to setup things up. Geez, planning! get on the phone and set things up. Do you have friends in New York who can help? Get them going, NOW. You will need an EXPERT criminal defense attorney, who does drug cases. (Really you need the absolute top of the food chain criminal defense attorney. That is when he/she looks up they see God's feets). Did you skip out on one, already? I know I don’t like it if a client goes jackrabbit on me, and takes off. It looks like I’ve got no client control and it embarrasses me in front of the court. Make nice to your attorney. More MONEY, helps heal those wounds. “Possession for sales” is bad enough, but skipping out makes it worse. What is the face value of the warrant? Can you post bail? Will you need to bond out? Now, you skipped – bail bond agents are all about risk (flight risk). You take off, they pay the face value. Trust me, “Dog the bounty hunter” ain’t the most heavy duty bail bond recovery agent out there. You are going to have a hard time finding someone to post that surety bond. You are an underwriting nightmare. But, maybe, just maybe, they may slap a GPS bracelet on you and that might mitigate your earlier flight. Oh ya, did a bail agent bite it on this one and have to pay the face value on your open case; because, finding the next, is going to be that much harder. Know also there may be a “no bail hold on you.” Have your attorney check it out. “No bail” means no free air, institutional food, and the company of the same sex (if that is an issue). Getting an immigration attorney? Oh ya, get an expert. And an immigration bond? (see above) What a about an ICE hold? What are the Immigration consequences of the original charge, and the flight? Did I say, get an expert, I mean an EXPERT.

    Ok, I have a joke I tell my alleged drug dealers, a shoebox for you, a shoebox for the bail bond guy, a shoebox for me. But, you – you need more shoeboxes.

  5. Mary-Margaret Bierbaum

    Contributor Level 7

    Answered . You probably need to talk to an immigration attorney, as I don't know your citizen status. your question is confusing too as to whether or not you are in NY now or Europe. Deportation could certainly occur as a possibility after a felony conviction if you are not a US citizen.

    With computers, and since 9/11/01, Warrants are pretty much viewable everywhere, especially if they are for Felonies, like your's.

    You best bet is to talk to a NY Criminal defense attorney right away (by phone if you are worried about the travelling), and then if necessary, the immigration attorney too. Have all your paperwork ready to show them & be completely honest with them so they can best help you.

    Good Luck!

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