My friend has a youthful offender conviction for writing bad checks (class B felony maybe?). After serving a short county sentence he received probation and a restitution order. He then left the state. He contacted his old "defense" attorney and offered to pay the restitution in full, and the lawyer said he needed to surrender and would probably get up to 3 years of state prison time. Will this ever go away? Does anyone know of any amnesty programs?
The case will not go away until he has returned on the warrant. He should investigate whether or not the restitution can be paid prior to returning on the warrant. He should also try to get proof that he has not been in trouble in the time he has been gone and put together some information on what he has been doing with his life. The longer he waits, the worse the situation will become and he certainly should try to return voluntarily.
I have been an attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: [email protected] This answer is only for informational purposes and is not meant as legal advice.
There is amnesty program and the case will not simply just go away. It needs to be resolved and I suggest sooner rather than later. So long as there is a warrant he can be arrested anywhere at anytime. Let him discuss a game plan with his attorney and turn himself in. There may be a shot that the attorney can still work something out.
There is no statute of limitations on a warrant. If he voluntarily turns himself in and offers to pay the restitution, it is unlikely that he will get jail. He should hire another attorney and arrange for a surrender.
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