Other Criminal Charges & Offenses Returning to New York after missed court appearance

[hallboy]

Jurisdiction

New York

Hi all,

I travelled to New York in 2003 as a 24 year old English citizen and received a court summons for an "open container" felony. However, I was unable to make the court date as had already flown back to England.

I am now due to return to New York for the first time since the incident for a family wedding and was wondering if I can expect any issues with my failure to appear in court and if that was to be the case, what I can do in advance to nulify those issues.

Many thanks for any advice.

 

[adjusterjack]

I am now due to return to New York for the first time since the incident for a family wedding and was wondering if I can expect any issues with my failure to appear in court

There is probably a failure to appear warrant out for your arrest.

I found the following on the internet:

The security procedures for international travel do involve checking databases. If you are traveling internationally, it is possible that your name will show up in an airline security database. If your name does not show up as you are leaving the country, you still have several additional security checks to pass. For starters, once you arrive at your destination, you must provide a visa upon entering. The visa must be obtained in advance or at the airport. In order to obtain a visa, a background check is required. If you have any outstanding warrants, you will not receive a visa and you will be refused entry into the country. If you are already in the country, you will be taken into custody. Security checks and procedures vary from country-to-country, but you will not know exactly what the procedures are until you get there.

if that was to be the case, what I can do in advance to nulify those issues.

Contact an attorney in NY and have him look into it for you. Then do what you have to do and pay what you have to pay.

Getting arrested when you get off the plane is bound to ruin your trip and cost you a hell of a lot more than taking care of it before you travel.

The alternative is to cancel your trip and don't cross the pond. You can always look at pictures.

 

[army judge]

Hi all,

I travelled to New York in 2003 as a 24 year old English citizen and received a court summons for an "open container" felony. However, I was unable to make the court date as had already flown back to England.

I am now due to return to New York for the first time since the incident for a family wedding and was wondering if I can expect any issues with my failure to appear in court and if that was to be the case, what I can do in advance to nulify those issues.

Many thanks for any advice.

I don't know of one US state that criminalizes "open container" to the extent that one is charged with a felony.


Open Container and Consumption Statutes




NY law regarding "open container" violations aren't felonies.



New York Open Container Laws



New York Open Container Laws


These days it's anyone's GUESS what the US Border Control Agents will do if a warrant is detected.

I've known people with stories similar to yours being detained for local authorities when a local warrant is detected upon attempt to enter US at the airports.

This has happened in SFO, LAX, JFK, ORD, ATL, MIA, and DTW.

This is, of course, anecdotal only.

YMMV

 

[Highwayman]

I'm guessing this is New York City.

IF that is the case then a SAP (summons appearance part) warrant was issued. Those warrants do not get entered into NCIC or any state repository since there are so many of them. They will only show up if you are stopped in New York City, in which case you would be arrested.

You should have contacted the court BEFORE you left if you knew you wouldn't be around for the court appearance. This could have been dealt with by the court earlier than the date on the summons.