Rule 7:8-9. Failure to Appear

Failure to Appear in Court in New Jersey: Consequences and Defenses

Failing to appear in court after being properly notified can lead to serious consequences in New Jersey. Court Rule 7:8-9 provides judges with various options to punish defendants who miss scheduled court dates, ranging from fines to arrest warrants. However, there are valid legal defenses if you have a justifiable reason for not showing up.

This article will explain Rule 7:8-9 and the potential penalties for failing to appear, as well as possible defenses you can raise. It will also offer tips on how to avoid a failure to appear charge in the first place.

Overview of Rule 7:8-9

New Jersey Court Rule 7:8-9 allows judges to punish defendants who fail to appear in court after receiving proper notice. The rule covers both Municipal Court, which handles things like traffic tickets, and Superior Court, which handles more serious criminal indictments.

If a defendant fails to appear in Municipal Court, the judge has several options:

• Issue a bench warrant for the defendant’s arrest
• Mail a failure to appear notice with a new court date
• For parking tickets, suspend the defendant’s driver’s license
• Proceed with the case and issue a verdict, even without the defendant present
• Impose fines up to $100 for more serious matters or $25-$50 for lesser offenses

In Superior Court, the punishments can be more severe:

• Issue an arrest warrant
• Revoke bail
• Impose fines
• Suspend driver’s license
• Charge the defendant with “bail jumping” for repeated failures to appear

Judges consider factors like past failures to appear, severity of the charges, and inconvenience caused when determining appropriate punishments.

Consequences of Failing to Appear in NJ Courts

The consequences for missing a court date depend on the type of case but can be quite serious. Even a first offense can result in fines, arrest, and bail revocation.

For minor traffic tickets or ordinance violations in Municipal Court, failing to appear will result in larger fines, license suspension, or a guilty verdict without the defendant being present. For more serious criminal charges in Superior Court, penalties can include:

• Arrest warrant: The judge can issue a warrant for the defendant’s arrest, allowing police to detain the individual. Often this means being held in jail until a new court date.
• Bail revocation: If out on bail, the judge may revoke bail and detain the defendant until trial.
• License suspension: The court can suspend the defendant’s driver’s license, which remains suspended until the matter is resolved.
• Bail jumping charges: Repeated failures to appear may lead to criminal charges for “bail jumping,” which is a 3rd degree offense punishable by 3-5 years in prison.
• Guilty verdict: The judge may proceed without the defendant present and issue a guilty verdict, since the absence is seen as contempt of court.
• Fines: Judges can impose fines up to $100 for more serious matters or $25-$50 for lesser offenses under 7:8-9.

In addition to specific penalties, having a failure to appear on your record will be viewed negatively by judges and prosecutors in future cases. It can impact everything from bail decisions to plea deals and sentencing.

Valid Defenses for Failure to Appear in NJ

While penalties for failing to appear can be harsh, there are defenses you can raise if there were circumstances beyond your control:

• Lack of notice: If you never received proper notice of the court date, you cannot be expected to appear. Clerical errors do happen.
• Emergency: Hospitalization, severe medical issues, family death, or other emergencies may justify an absence.
• Previous court commitment: Having another court proceeding at the same time provides a solid defense.
• Serious accident: Car accidents or other unforeseen events that incapacitate you can excuse the failure to appear.
• Mistaken identity: If police arrested the wrong person, you can fight the charges.

The key is providing evidence and documentation to prove your excuse to the judge. Witness testimony, medical records, prior legal papers, etc. can substantiate your defense.

An experienced criminal defense lawyer can argue these defenses on your behalf and advocate for no penalties. They may also be able to negotiate with prosecutors for an alternative resolution.

Tips to Avoid Failure to Appear Charges

It’s best to avoid failure to appear charges altogether by taking proactive steps:

• Update contact info: Inform the court immediately if you move or change phone numbers so you continue receiving reminders.
• Calendar court dates: Mark every hearing prominently in your calendar or set phone alerts so you don’t forget.
• Arrange transportation: Ensure you have reliable transportation arranged well in advance. Allow extra time for traffic.
• Follow court orders: If you receive a failure to appear notice in the mail, promptly comply with the court’s instructions.
• Ask for continuances: If there is a legitimate conflict or emergency, request a continuance from the court ahead of time.
• Hire a lawyer: An attorney can handle notifications and reminders, request postponements on your behalf, and generally help ensure you meet all court obligations.

Act Fast if You Miss a Court Date

If you do fail to appear, take action ASAP:

• Contact your attorney: If you have a lawyer, call them immediately so they can advise you on next steps.
• Turn yourself in: For serious criminal charges, contacting police to turn yourself in may show good faith.
• Request a new court date: You or your lawyer can ask the court to reschedule your hearing. However, you must provide a valid legal excuse.
• Address arrest warrants: If a warrant has been issued, you will need to get that cleared before the matter is resolved.
• Pay fines: For minor issues like traffic tickets, promptly paying any fines may help reinstate your license.
• Prepare your defense: Gather evidence and document circumstances to explain your absence to the judge.

By acting quickly and working with an experienced attorney, you may be able to resolve the failure to appear with minimal penalties. But it is critical to take it seriously rather than ignoring it.

Finding the Right Lawyer Can Help Your Defense

An knowledgeable criminal defense attorney can make all the difference if you are facing penalties for missing a court appearance. They will understand the local courts, negotiate with prosecutors, and present evidence to prove any justifiable excuses for your absence.

Be sure to choose a lawyer with specific experience handling failure to appear cases in your county. They should know the judges, prosecutors, and procedures to effectively advocate for you. It’s wise to consult with an attorney as soon as possible after missing a court date so they can start building your defense.

Don’t try to represent yourself and explain an absence to a judge without experienced legal guidance. The consequences for failure to appear are simply too high. With an attorney’s assistance, you can potentially avoid fines, arrest, and other penalties – or at least minimize them.