You should hire an attorney to withdraw the capias and show up at the hearing to explain why you missed. No judge will withdraw the capias unless he can see you in front of him voluntarily. Do not wait until you are arrested. Walk in the front door of the courtroon rather than the front door to the jail and you will probably do a lot better.
It depends. If you go voluntarily, most judges will release you.
Joseph A. Lo Piccolo, Esq.
Past President, Criminal Courts Bar Association
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.
There is likely a warrant for your arrest. I strongly suggest hiring a criminal defense attorney to arrange your surrender and get the warrant vacated. Depending on your prior history, a judge could set bail upon your return and you may be required to pay money to get out of jail to fight this case.
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I suggest you retain a criminal defense lawyer. If you have no record and voluntarily go to court the Judge will likely release you. Your lawyer may be able to work out a disposition ahead of time so there is no issue.
I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
How long ago was your court date? Do you have a reasonable explanation for why your missed the court appearance? These are factors that could play into whether or not a Judge will set bail upon your return. Additionally, a Judge will be more inclined to release you if you turn yourself in, as opposed to having to be brought in by the warrant squad. Another factor that will likely be considered is whether or not you have a history of bench warrants. Only you know the answers to these questions. If you hire an attorney, and effectively communicate with him/her, you greatly increase your chance of being released upon turning yourself in.