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I mailed a check for and open container violation but was never cashed and now I don't know what to do?

Brooklyn, NY |

Me and my friend received an open container ticket over 3 months ago. we both mailed a check for $25 with the summons and paper work we received from the police station the next day. 3 months later I noticed the check was never cashed but the court date has passed. I don't have a copy of anything but the check I wrote. I don't know if I have bench warrant or how I can get another court date without getting arrested.

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Attorney answers 4


Contact your attorney or check with the court clerk if there is a warrant for your arrest. If there is a warrant consult with a local criminal defense lawyer right away.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or


Many courts only accept money orders, certified checks or credit cards, and they may have refused your check. I would check with the court immediately.


Call the Court. You will not get arrested just for asking if they accepted your payment or not.


Call the Court and see if you have a warrant.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.