New Jersey Section 2C:104-3 – Order to appear

New Jersey’s “Failure to Appear” Law – What You Need to Know

So you got a court date in New Jersey and you’re thinking about not showing up? That’s called “failure to appear” and it can get you into some real trouble if you’re not careful. Let’s break down the law on this one so you know what you’re dealing with.

The Basics of NJ’s Failure to Appear Statute

The main law covering failure to appear in New Jersey is Section 2C:29-7 of the NJ Criminal Code. This law makes it a crime to intentionally fail to show up for a required court appearance after receiving proper notice.

The crime can be a disorderly persons offense or a fourth-degree felony, depending on the underlying offense you failed to appear for. Here’s a quick rundown:

• Disorderly Persons Offense – This is the lowest level offense in NJ. It applies if you fail to appear for an offense that’s a disorderly persons offense or a petty disorderly persons offense. The penalty is up to 6 months in jail.
• Fourth-Degree Felony – This is the next level up from a disorderly persons offense. It applies if you fail to appear for an offense that’s a crime of the fourth-degree or higher, or if you were released on bail when you failed to appear. The penalty is up to 18 months in prison.

So right off the bat, you can see failing to appear isn’t just a slap on the wrist – it’s a criminal offense in itself.

When the Court Can Issue a Failure to Appear Warrant

If you miss a court date, the judge can issue what’s called a “failure to appear warrant” (also called an FTA warrant or bench warrant).

This allows the police to come find you and forcibly bring you to court. No bueno.

New Jersey Section 2C:29-7 specifically allows the court to issue a failure to appear warrant if you:

• Fail to show up for any required court appearance, after receiving notice of the date/time
• Fail to show up for jury service after getting summoned
• Fail to appear as a witness when subpoenaed
• Are out on bail and fail to appear as required

So the bottom line is anytime you’re required to personally be in court for something and you don’t show up – boom, that’s grounds for a warrant.

What Happens After a Warrant is Issued

Once there’s a warrant out for your arrest for failure to appear, things can escalate quickly.

For one, you’ll have cops looking for you. They can arrest you anytime they find you based on the warrant. That means getting picked up at home, work, a traffic stop – you name it.

You’ll probably have to post bail again to get released after the arrest. And the court will likely revoke your initial bail (if you were out on bail when you failed to appear).

You’ll also have yet another criminal charge stacked against you – the failure to appear itself. Like we said earlier, that can be a felony-level offense.

Finally, any plea deals that were on the table for the original case will likely get pulled off the table when you fail to appear. So you lose your bargaining power.

Basically failing to appear sets off a chain reaction of consequences, each one worse than the last. It’s like dominoes of doom.

Defenses to Failure to Appear Charges

There are a few defenses that can get you off the hook if you’re charged with failure to appear. The main ones are:

• No Notice – You can’t fail to appear if you didn’t know about the court date. If there’s no proof you were properly notified, you have a defense.
• Emergency – Extenuating circumstances like medical emergencies, car accidents, family deaths, etc. could excuse your absence if you can prove them.
• Mistake – If you show up at the wrong courtroom or on the wrong date, that’s a viable defense against intent to skip court.
• Not in Jurisdiction – If you were prevented from appearing because you were in custody or a hospital somewhere else, you can fight the charges.

These defenses focus on the “intentional” part of the statute – proving you didn’t willfully ignore the court date. But they can be hard to establish, so don’t count on getting off scot-free.

The Consequences of a Failure to Appear Conviction

If you end up getting convicted of failure to appear in New Jersey, here are some of the main penalties you’ll face:

• Jail Time – Like we covered earlier, even a first offense can result in months or years behind bars. Subsequent offenses lead to longer sentences.
• Fines – Expect fines up to $1,000 for disorderly persons offenses, and up to $10,000 for felonies. The court can also impose other financial penalties.
• Probation – Probation lasting 1-5 years is common for failure to appear convictions. That comes with all the usual probation conditions and restrictions.
• Bail Revocation – If you were out on bail when you failed to appear, the court will revoke your release and make you stay in jail until trial.
• Difficulty Getting Bail in the Future – Judges don’t like repeat offenders. A failure to appear on your record will make it tough to get bail next time you’re charged.
• Impact on Immigration Status – A failure to appear conviction can negatively impact your immigration status if you’re not a U.S. citizen. Deportation is possible.

So as you can see, skipping out on court in New Jersey is asking for a world of hurt. Don’t do it!

What to Do If You Miss a Court Date

Let’s say you screw up and miss your court date after all. Maybe you put the wrong date in your calendar or just plain forgot. It happens.

Here are some tips on what to do next:

• Contact Your Attorney – If you have a lawyer, call them immediately. They can advise you on next steps and may be able to get the warrant stopped before it’s issued.
• Turn Yourself In – You’re better off voluntarily surrendering to the court than getting arrested later.
• File a Motion – Your lawyer can file a motion to vacate the warrant and reschedule your court date. The sooner this is done, the better.
• Explain Why You Missed Court – Be prepared to convince the judge your absence was excusable and you won’t miss court again. Bring evidence to back up your claims.
• Beg for Mercy – Seriously, judges don’t like it when people thumb their noses at the court system. A little groveling might help soften the blow.

The most important thing is to take action fast. The longer you wait, the worse it looks. Be proactive in fixing your failure to appear ASAP.

Let’s Recap…

New Jersey doesn’t mess around when it comes to failure to appear charges. Intentionally skipping court can land you in prison for months or years. It also leads to all sorts of other consequences with the justice system.

Your best move is to show up when required. But if you slip up, take steps immediately to get that warrant stopped and reschedule your court date.

With some luck and fast action, you may be able to avoid a full-blown failure to appear conviction. But your best bet is never to miss court in the first place.

So learn from my mistakes, folks – save yourself the trouble and make it to those court dates! Just a little advice from your neighborhood screw-up. Stay outta trouble