NJ Arrest Warrants

Arrest Warrants in New Jersey

Having an arrest warrant issued for you can be a stressful and frightening situation. But understanding how warrants work in New Jersey can help you navigate the process and make smart decisions. This article provides an overview of NJ arrest warrants, how they are issued, your rights, and options for resolving them.

What is an Arrest Warrant in NJ?

An arrest warrant is a court order authorizing law enforcement to take you into custody and bring you before a judge. Warrants are issued when there is probable cause to believe you committed a crime or failed to comply with court orders[1].

In New Jersey, warrants are issued at both the municipal court level for minor offenses and the Superior Court level for more serious criminal charges[2].

How Arrest Warrants Are Issued in NJ

There are a few ways arrest warrants can be issued in New Jersey[3]:

• A judge approves a warrant requested by police or prosecutors.
• A grand jury indicts you, automatically issuing an arrest warrant.
• You miss a court date, violating a court order.
• You violate probation or bail conditions.

Once issued, warrants are entered into the NJ warrant database accessible by all law enforcement statewide.

Being Stopped on an Active Warrant

If you are stopped for a traffic violation or other reason and the officer finds an active warrant, you will be arrested. At the police station, officers will[4]:

• Confirm the warrant is still active.
• Check for any outstanding warrants from other jurisdictions.
• Fingerprint and photograph you.
• Determine if you will be released or held in jail.

Getting arrested on a warrant can happen unexpectedly during routine encounters with police.

Rights When Arrested on a Warrant in NJ

Even after being arrested on a warrant, you still have important legal rights, including[5]:

• The right to know what offense you are being charged with.
• The right to know the amount of any bail that has been set.
• The right to remain silent and not answer any questions.
• The right to speak to an attorney before answering questions.

In addition, police must bring you before a judge for an initial court appearance within 24-48 hours.

Getting Out of Jail After a Warrant Arrest

After being arrested on a warrant in NJ, you may be held in jail or have the option to post bail. Bail options include[6]:

• Cash bail – Paying the full bail amount in cash.
• Bond – Paying a bondsman 10% of the total bail.
• Unsecured appearance bond – Released without paying, but owe full bail amount if fail to appear.
• Non-monetary release – Released on your own recognizance without bail.

Experienced criminal defense lawyers can often negotiate lower bail or release without posting bail through a writ of habeas corpus.

Getting an Arrest Warrant Lifted in NJ

To get a warrant withdrawn in NJ, your attorney must file a motion to “vacate the warrant” which can be done by:

• Showing you did not get proper notice of the court date.
• Proving the warrant contains false allegations.
• Demonstrating a lack of probable cause for its issuance.

If successful, the warrant will be canceled, and you avoid arrest. But the underlying case still needs resolution.

Turning Yourself In on an NJ Warrant

You can voluntarily surrender yourself at the police department or court that issued the warrant. Benefits include:

• Avoiding being arrested unexpectedly in public or at home.
• Showing good faith that reduces risk of high bail amount.
• Getting the process started to resolve the underlying case.

Having an attorney arrange your surrender also shows responsibility and can result in release on your own recognizance.

Resolving the Underlying Case

After being arrested on a warrant or surrendering voluntarily, the next step is resolving your underlying criminal or traffic case. This may involve:

• Attending a first court appearance and entering a plea.
• Requesting a reasonable bail amount.
• Filing motions asserting defenses and constitutional rights.
• Negotiating a plea deal or preparing for trial.

Experienced criminal defense counsel can represent your interests every step of the way.

Consequences of Ignoring an NJ Arrest Warrant

While an arrest warrant seems scary, simply ignoring it or fleeing the state will only make things worse. Likely consequences include:

• Being classified as a fugitive, subject to extradition.
• Having bail amount greatly increased when caught.
• Facing separate criminal charges for failure to appear.
• Serving maximum jail sentences due to noncooperation.

Resolving warrants promptly is strongly recommended to mitigate penalties and show good faith.

Expunging Warrants from Your Record

If a warrant was resolved without conviction, you may be able to file for expungement after a waiting period. An attorney can guide you through the expungement process to clear warrants from your record.

Consult a Defense Lawyer About Active Warrants

Having an experienced criminal defense lawyer represent you from the start is strongly advised if you have an active warrant in New Jersey. An attorney can protect your rights, advocate for you in negotiations, and develop the most strategic defense.