Poughquag, NY asked in Criminal Law for New York

Q: How do I know if I have any open criminal cases? or if I am under investigation? I am out of US but want to return.

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1 Lawyer Answer
Luigi Vigliotti
Luigi Vigliotti
  • Criminal Law Lawyer
  • Garden City, NY
  • Licensed in New York

A: I'm going to assume that this inquiry relates to a New York State criminal matter as opposed to a Federal matter. As to whether you are under investigation, you probably will not find out the answer to that question. After all, if you're being investigated, the investigation is likely to be secretive and you may not know about it until you are arrested. If it's a felony, the local prosecutor may have convened an investigative Grand Jury panel and if an indictment has been voted, you won't necessarily know about it until you are arrested and the indictment is unsealed. As to whether you have an open criminal case, normally one could access the Court's e-file system (Webcrims). If you've been arraigned on a criminal charge and the matter was never resolved, you likely have a bench warrant out for your arrest. If that is the case, contact a local criminal attorney and arrange to have the warrant recalled by your appearance in court. When you speak to that attorney, find out whether bail is likely to be set. Although many charges these days are no longer bail eligible, if one fails to return to court, an otherwise bail ineligible charge may nevertheless result in the imposition of bail. I hope that helps and good luck!

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