NJ Failure to Appear

| by Max Soni

Last Updated on: 26th September 2023, 11:13 pm

NJ Failure to Appear

Missing a court date can have serious consequences in New Jersey. Judges can issue warrants, suspend licenses, and impose fines if you fail to appear as scheduled.

Understanding what happens when you miss court and potential defenses is key to avoiding penalties. An experienced criminal defense lawyer can help protect your rights if you fail to appear.

What is Failure to Appear in NJ?

In New Jersey, failure to appear (FTA) means not showing up for any scheduled court hearing after being properly notified. This includes:

• First appearances
• Arraignments
• Pre-trial conferences
• Trials
• Sentencing hearings

Showing up is not optional – it’s required. FTA violates your bail terms and New Jersey Rule 7:8-9.

Consequences of FTA in Municipal Court

For minor charges heard in municipal court, FTA can result in:

• Driver’s license suspension
• Fines and fees
• Arrest warrant
• Trial and sentencing in your absence

Judges can suspend your license, impose fines up to $1000, and issue a warrant forcing police to arrest you.

Consequences of FTA in Superior Court

For indictable charges in superior court, FTA leads to:

• Cash-only bail when arrested
• Additional criminal charges
• Harsher plea bargains and sentences
• Trial in absentia

Felony FTA charges are very serious. Prosecutors will add bail jumping charges as well.

Defenses Against FTA Charges

There are defenses that can get FTA penalties dismissed and warrants recalled, such as:

• No notice – You never received information on the court date
• False notice – Incorrect date/time/place info
• Emergency – Hospitalization, accident, etc. prevented appearance
• Mistake – Thought the date was different

With evidence supporting a defense, your lawyer can get FTA penalties removed and warrants lifted.

Getting an FTA Warrant Lifted

If there is already a warrant due to FTA, your attorney can file a motion to recall the warrant. They will argue defenses like:

• Lack of notice
• Medical emergency
• Essential work conflict
• No willful failure to appear

If accepted, the judge will recall the warrant and schedule a new court date without penalties.

Restoring a Suspended License After FTA

For license suspensions, your lawyer can file for a hearing arguing good cause for your absence. If approved, the court will:

• Restore your driving privileges
• Waive restoration fees
• Order no additional FTA sanctions

This immediately ends the suspension and avoids extra fines and requirements.

Avoiding Bail Jumping Charges

To prevent felony bail jumping charges over FTA, your attorney can:

• Negotiate with prosecutors
• Get charges downgraded or dismissed
• File motions challenging any new charges

Strong legal advocacy can avoid escalating your case over an FTA.

Hiring an Attorney for Failure to Appear

Never ignore a missed court date – that only makes things exponentially worse. The consequences pile up quickly.

Retaining an experienced criminal defense lawyer is essential to contain the damage. They know how to get warrants recalled, licenses restored, and charges reversed or minimized after an FTA.

Don’t wait – get expert legal help defending against failure to appear consequences in New Jersey.