NJ Bench Warrants

NJ Bench Warrants

In New Jersey, a bench warrant is a court order issued by a judge for the arrest of an individual who failed to appear in court when required. Bench warrants ensure court orders are obeyed, but also have serious consequences for those who receive them.

What is a Bench Warrant?

A bench warrant, also called a failure to appear warrant, is issued when a defendant does not show up for a required court date. Common court appearances where bench warrants are issued for failure to appear include [1]:

• Arraignments
• Pretrial hearings
• Status conferences
• Trials
• Sentencing hearings
• Probation meetings
• Traffic ticket court dates

Once issued, police can arrest the defendant on the open bench warrant at any time.

Requirements for Issuing a Bench Warrant

Under New Jersey Court Rule 1:2-4 and Rule 7:2-2, a judge can order a bench warrant if [2]:

• The defendant was properly served notice of the hearing date
• The defendant failed to appear as required
• The court finds no good cause for the failure to appear

Therefore, bench warrants cannot be issued if the defendant was not properly notified or had a legitimate reason for missing court.

Requirements for Executing a Bench Warrant

To make an arrest on a bench warrant, the police officer must [3]:

• Have the warrant in their possession
• Show the warrant upon request
• Inform the defendant of the reason for arrest
• Bring the defendant before a court without unnecessary delay

Force may be used if the defendant resists arrest or flees.

Being Detained on a Bench Warrant

When arrested on a bench warrant, the defendant will be handcuffed, searched, and transported to jail. They will be photographed, fingerprinted, and detained until a first appearance before a judge [4].

At the first appearance, the judge decides whether to set bail or release the defendant pending the next hearing. The underlying matter is then scheduled for resolution.

Bench Warrant Checks

Those with outstanding bench warrants are often detected during warrant checks conducted when [5]:

• Pulled over for a traffic stop
• Applying for a job or government benefits
• Attempting to renew a license
• Going through airport security

Being arrested far from home makes resolving the warrant more challenging.

Out-of-State Bench Warrants

New Jersey is part of the interstate compact for extradition of those who flee the state. If you miss a court date in NJ and get arrested elsewhere, you can be extradited back to face the warrant.

Resolving a Bench Warrant

To resolve a bench warrant, options include [6]:

• Voluntarily surrendering to the court
• Requesting a new court date to resolve the underlying case
• Filing a motion to vacate the warrant
• Posting bail if offered

An attorney can often negotiate lifting of the warrant before arrest.

Consequences of Bench Warrants

Beyond arrest and detention, bench warrants can lead to additional consequences like [4]:

• Ineligibility for future diversion programs
• Higher bail or denial of bail release
• Harsher sentence or penalties
• Separate criminal charge for failure to appear

Promptly addressing warrants reduces exposure to these penalties.

Avoiding Bench Warrants

The best way to avoid bench warrants is appearing for all required court dates or seeking permission to reschedule in advance. If you miss court, immediately consult an attorney to try quashing the warrant.