New York warrant defense

Arrest Warrants, Bench Warrants, and Search Warrants

Q: How do I find out if I have a warrant in New York?

An attorney can help you find out whether a warrant exists and what it's for, without you walking into a police precinct or courthouse unprepared.

Q: Will I be arrested if I go to court on a bench warrant?

Not necessarily. When a person returns voluntarily with an attorney, the judge will often vacate the warrant and continue the case, although in some cases the judge may change release conditions.

Q: Does a warrant expire?

No. A warrant generally remains active until it is executed or vacated by the court.

Q: Can police enter my home with an arrest warrant?

Yes, if they have reason to believe you are inside your own home. To enter another person's home to find you, police generally need a search warrant.

Q: Can evidence from a search warrant be thrown out?

Yes. If the warrant lacked probable cause, relied on false or unreliable information, or was executed improperly, the evidence may be suppressed.

Q: Can a lawyer clear my warrant without me going to court?

Usually not. In most criminal cases, you must appear in person for the judge to vacate a bench warrant. A lawyer can confirm the warrant, arrange the best date and courtroom for your return, appear with you, explain why you missed court, and argue for your release. Returning voluntarily with an attorney is almost always better than being arrested on the warrant.

Learning that there may be a warrant out for you, or for someone you love, is stressful. Many people are unsure what kind of warrant it is, whether police are actively looking for them, and what will happen if they go to court. Ignoring a warrant almost always makes things worse. With the right legal help, most warrants can be resolved in a controlled way that protects your rights and reduces the risk of being held in custody.

At Sharifov & Associates, PLLC, we help clients in New York City and on Long Island address arrest warrants and bench warrants, arrange voluntary surrenders, and challenge evidence obtained through defective search warrants.

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Warrant basics

What Is a Warrant?

A warrant is a court order signed by a judge. In criminal cases, there are three main types:

Arrest warrant: authorizes police to arrest a person and bring them to court to answer a criminal charge.
Bench warrant: authorizes police to arrest a person who failed to appear in court as required, and bring them before the judge.
Search warrant: authorizes police to search a specific place, person, or vehicle and seize evidence of a crime.

A judge may issue more than one type of warrant in the same investigation. For example, police may obtain an arrest warrant for a suspect together with a search warrant for their home.

Arrest Warrants

In New York, most arrests are made without a warrant, based on probable cause. (Learn more: How Arrests Happen) An arrest warrant is used when a criminal case has already been filed and the defendant needs to be brought to court.

How an arrest warrant is issued. A judge may issue an arrest warrant after a criminal charge, such as a felony complaint or misdemeanor information, is filed with the court (CPL 120.20). The filed charging document, supported by sworn statements, must give the judge reasonable cause to believe that the defendant committed the offense. The judge may also question witnesses under oath before issuing the warrant.

After an indictment. When a grand jury indicts a person who has not yet been arraigned, the court may issue a superior court warrant of arrest so that the defendant can be brought in to answer the indictment. (Learn more: Grand Jury)

How arrest warrants are executed. An arrest warrant may be executed on any day and at any hour, anywhere in New York State. With an arrest warrant, police may enter the defendant's own home to make the arrest if they have reason to believe the defendant is inside. To enter a third person's home to find the defendant, police generally need a search warrant as well.

Bench Warrants

A bench warrant is issued when a defendant in a pending case fails to appear in court as directed (CPL 530.70). Because the warrant is based on the defendant's absence from court, it does not require new sworn statements or evidence of a crime.

Notice before a bench warrant. Under New York's 2020 reforms, for defendants who were released and later miss a court date, the court generally must give notice and at least 48 hours for the person to return voluntarily before issuing a bench warrant. There are exceptions, for example when the court finds the absence was willful or the person was charged with a new crime.

Consequences of a missed court date. Missing court can have serious consequences beyond the warrant itself:

the judge may change the release conditions and, for qualifying offenses, set bail or order detention;
a person who fails to appear within 30 days of a required court date may face a separate charge of bail jumping; and
plea offers and sentencing commitments may be withdrawn, especially when the missed date was for sentencing.

Bench warrants are also commonly issued when a person who received a Desk Appearance Ticket fails to appear on the scheduled court date.

Search Warrants

A search warrant authorizes police to search a specific place, person, or vehicle and seize designated property, such as drugs, weapons, stolen goods, electronic devices, or documents. An application must be made in writing and under oath to a judge (CPL 690.35). It must establish reasonable cause to believe that evidence of a crime will be found at the place to be searched. Search warrants generally must be executed within 10 days of issuance.

Challenging a search warrant. A search warrant is not the end of the story. Evidence obtained through a defective warrant can be suppressed. Defense attorneys may challenge a warrant on grounds such as:

the application did not establish probable cause;
the warrant relied on an unreliable informant. New York applies a stricter test than federal courts for warrants based on informant tips;
the application contained false statements;
the warrant was too broad, or police searched beyond what it allowed; or
police executed the warrant improperly.

A successful challenge can weaken the prosecution's case or lead to dismissal. (Learn more: Hearings)

Outstanding warrants

How Outstanding Warrants Are Usually Discovered

In serious cases, especially violent felonies, police and warrant squads actively search for the person named in the warrant. Many other warrants, including bench warrants on lower-level cases, remain active in law enforcement databases for years and are executed when the person comes into contact with law enforcement. Common situations include:

A routine traffic stop;
An arrest or detention on an unrelated matter;
Clearing customs and border control at the airport; and
Background checks, including immigration interviews, applications for professional licenses, and some employment screenings.

A warrant does not expire on its own. Waiting it out rarely works and often leads to an arrest at the worst possible time.

Out-of-state arrests. If a person with a New York warrant is arrested in another state, that state will contact the New York agency that issued the warrant. The person may agree to return to New York by waiving extradition, or may contest extradition through a formal legal process. New York authorities may then transport the person back to the court that issued the warrant. Whether authorities will actually pursue extradition often depends on how serious the charge is.

Immigration consequences. For non-citizens, an open warrant can delay or derail an immigration application and may bring the person to the attention of immigration authorities. Resolving the warrant before any immigration interview or application is strongly recommended.

immigration consequences of criminal charges

How a Lawyer Can Help Resolve a Warrant

The best way to handle a warrant is usually to address it voluntarily, with an attorney, before police find you. Our attorneys can:

confirm whether a warrant exists and what type it is;
review the underlying case to identify the charges and the possible defenses;
arrange a voluntary surrender to police or a voluntary return to court, which often allows the judge to vacate a bench warrant and restore the person's release;
present information to the judge explaining the missed court date, such as illness, a family emergency, or incorrect notice;
argue for release and against bail; and
if a search warrant was involved, review the application and challenge any evidence obtained illegally.

Judges generally treat someone who returns voluntarily with counsel more favorably than someone brought in on a warrant after an arrest.

Sharifov & Associates, PLLC

Why Choose Sharifov & Associates, PLLC

Experience in both state and federal courts across New York City and Long Island

Offices in NYC and Long Island, close to the courts where our clients' cases are heard

Criminal and immigration experience under one roof, which is essential for non-citizens with open warrants

Experience arranging voluntary surrenders and warrant returns

Warrant questions

Frequently Asked Questions

How do I find out if I have a warrant in New York?

Will I be arrested if I go to court on a bench warrant?

Does a warrant expire?

Can police enter my home with an arrest warrant?

Can evidence from a search warrant be thrown out?

What is an NYPD I-card, and is it the same as a warrant?

No. An I-card (Investigation Card) is an internal NYPD alert that a detective enters into the police computer system when someone is wanted in an investigation. Unlike a warrant, it is not issued or signed by a judge. Some I-cards state that police have probable cause to arrest you; others list you only as a suspect or witness. If officers encounter you while a probable-cause I-card is active, they may arrest you. Because an I-card is not a warrant, it does not allow police to enter your home to arrest you without your consent or an emergency. If a detective is looking for you, speak with a lawyer before you talk to police. A lawyer can find out why you are wanted and, if needed, arrange a voluntary surrender. Learn more about NYPD I-cards.

Can a lawyer clear my warrant without me going to court?

Sharifov & Associates, PLLC