I have been arrested for shoplifting in NY (Manhattan) in 2005. The court appointment to discuss my case has been schedule for the date which was after expiration of my US visa, therefore I had to leave the country before that.
Now I try to resolve this case, which happened almost 10 years ago.
The current status (to the best of my knowledge): 1) shoplifting (misdemeanor) +2) fail to appear (followed by warrant of arrest, which is still valid).
Is it possible to pay penalties and dismiss this case before the arraignment (and therefore to avoid the criminal record)?
if yes, is it possible to resolve it via attorney, without visiting the US (given that it's impossible to get US visa until the case is dismissed)? and what is the estimate of legal fees in my case?
Many thanks for your advice.
It is possible but there is no guarantee. An attorney would have to prepare paperwork for you to sign and then get permission of the court and prosecutor to have the case heard. There is certainly a chance it could be done. If the case gets into court there is a possibility it can be resolved without a criminal record. Good luck.
This answer is only for informational purposes and is not meant as legal advice.
A lawyer can appear for you and get the case dismissed. I did it yesterday for a woman who lives in India.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
It may be possible if the court and the DA agree to it, especially given the circumstances of your expired visa. As far as the fees, you will have to communicate directly with an attorney to determine the fees. You can use the "find a lawyer" tab on this site, or contact an attorney that answers your question. Good luck!
I am a criminal defense and DWI/DUI attorney practicing in Westchester and the NYC Metro area. My answers are intended for general informational purposes only, based upon the limited information provided in the questions, and do not establish any attorney-client relationship. All readers of my answers are advised to contact an attorney in order to discuss their questions in full and get full answers. Thank you.
I have many times been able to dispose of criminal matters in the absence of the defendant. You seem to have a valid excuse for not being able to appear. With the correct paperwork, the matter can be resolved without your presence. The attorney fee will be in the area of $2500.
Generally, the answer is no. You must personally appear in court to resolve your case. Having said that I believe there are issues unique to your case that may militate for a different answer. According to your statement you failed to appear in court because your visa expired and you needed to leave the country. That would answer why you failed to appear in court. Next, you are unable to obtain a visa because of the open warrant (that I assume you BELIEVE exists as opposed to KNOWS exists). Certainly, you should retain an attorney to explore the possibility of resolving the case in your absence. You should retain a lawyer to discuss your options and to attempt to resolve the case. As for fees, I am guessing but would assume the range would be anywhere from $2500 to $10,000. It really depends on the level of experience of the attorney you select. Good luck.
I would reach out to a local NY lawyer who can pull the file, and attempt to vacate the warrant based on a notarized authorization and then see if you can appear at a later date. Legal fees vary.
Spodek Law Group P.C.
This answer has been prepared for informational purposes only and does not constitute legal advice of Todd A. Spodek, Esq., Spodek Law Group P.C. or any of its attorneys, and is not guaranteed to be correct, complete, or up-to-date. You should not act, or rely on any information in this website without seeking the independent advice of an attorney of your choice.
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