Do Out-of-State Residents Arrested in New York Have to Attend Their Court Hearing?

Being arrested is a stressful and disorienting experience. That anxiety is often magnified when you are arrested in a state where you don’t reside. If you’ve been arrested in New York while visiting, on business, or just passing through, a critical question will inevitably arise: do you have to travel back to New York for your court hearing? The simple answer is that you cannot simply ignore the court date, but in many cases, an experienced New-York attorney can appear on your behalf, saving you the time, expense, and stress of a trip back to the Empire State.

The Potentially Severe Consequences of Failing to Appear in a New York Court

Ignoring a court summons in New York is a serious misstep with significant legal repercussions. A judge will not simply dismiss your case because you live in another state. In fact, failing to appear will almost certainly lead to a judge issuing a bench warrant for your arrest. This warrant remains active, meaning that if you are ever in New York again, for any reason, you could be taken into custody.

Beyond the immediate threat of a warrant, a failure to appear (FTA) can trigger a cascade of other negative consequences:

• Additional Criminal Charges: You could face a new misdemeanor charge under New York Penal Law § 215.58 for failing to respond to an appearance ticket.
• Driver’s License Suspension: For traffic-related offenses, including DWI, the New York DMV will suspend your driving privileges within the state. Through the Driver’s License Compact, an agreement among most states, your home state’s DMV will likely be notified and may suspend your license as well.
• Exacerbation of the Original Charge: A failure to appear can signal to the prosecutor and the judge that you are not taking the matter seriously, potentially leading to a less favorable outcome in your original case.

Can’t I Just Pay a Fine by Mail?

For minor traffic infractions, it is sometimes possible to plead guilty and pay the fine by mail without a court appearance. However, for more serious offenses, this is not an option. If you have been charged with a misdemeanor or a felony, such as DWI, assault, drug possession, or larceny, a court appearance is mandatory.

How a New York Criminal Defense Attorney Can Be Your Stand-In

This is where the value of hiring a local New York criminal defense attorney becomes paramount for an out-of-state resident. In many instances, particularly for misdemeanors and traffic offenses, New York law allows an attorney to appear in court on behalf of their client.

At Hochhauser Criminal and DWI Defense, we have extensive experience representing out-of-state clients. By retaining our firm, you may be able to avoid traveling back to New York for your court dates. Here’s how we can help:

• Waiving Your Appearance: We can formally notify the court that we are representing you and will be appearing on your behalf. For many initial court dates and procedural hearings, the judge will permit this.
• Navigating the Local Court System: Every court has its own procedures and personalities. Our attorneys have a deep understanding of the local courts in Nassau County, Suffolk County, and throughout the New York City area. This local knowledge is invaluable in negotiating with prosecutors and presenting your case effectively.
• Working Towards a Favorable Resolution: Our primary goal is to achieve the best possible outcome for you. This could involve negotiating a reduction in charges, a dismissal, or an alternative sentence that minimizes the impact on your life and record.
• Keeping You Informed: We will manage all the paperwork and court filings while keeping you fully informed of every development in your case. You will have peace of mind knowing that your legal matter is being handled competently, without the need to be physically present.

While an attorney can handle many court appearances, it’s important to understand that for a plea to a crime or for a trial, your personal appearance will likely be required. However, in many situations, we can resolve the case without it ever getting to that stage.

Don’t Let Distance Jeopardize Your Future

Being an out-of-state resident is not a defense against a New York criminal charge. The decision to simply not show up for court is one that can have lasting and severe consequences. Before you make a costly mistake, it is crucial to understand your legal options.

If you are an out-of-state resident who has been arrested in New York, contact Hochhauser Criminal and DWI Defense today. We offer a free, confidential consultation to discuss the specifics of your case. Let us put our experience to work for you and potentially save you a trip back to New York.