Do you know or suspect that you are subject to a bench warrant in New Jersey? Unlike arrest warrants, courts issue bench warrants for individuals who are already facing criminal charges and should know that they must pay fines, appear in court, or follow certain other, court-ordered requirements. However, mistakes happen. When they do, bench warrants are just one tool that courts can use to exert authority.
The courts don’t issue bench warrants in all circumstances, so you might wonder how to tell whether you are subject to one. After all, dealing with a bench warrant is unpleasant, but it is simpler than dealing with an arrest. To check, you can contact your local court system directly, look online, or work with an experienced New Jersey criminal defense lawyer.
What Is a Bench Warrant?
New Jersey Court Rule 7:2-3 defines a bench warrant as any warrant, aside from an arrest warrant, that the court issues to order law enforcement to take the subject of the warrant into custody. Most bench warrants stem from existing legal issues or violations of court orders.
In many cases, judges will issue notices of suspension for driver’s licenses when they issue bench warrants. The revocation of a defendant’s driving privileges is an effective way to convince the defendant to resolve the underlying issue that gave rise to the warrant, such as by paying requisite fines or appearing in court.
When a judge issues a bench warrant against you, it means that local law enforcement has the authority to arrest you and keep you in jail until you can attend a hearing. You might need to comply with all aspects of any existing court orders to gain your release. If you violate an existing court order, you could face contempt of court charges, which might lead to additional fines and penalties.
What Are Common Situations in Which Bench Warrants Are Issued in New Jersey?
Judges in the New Jersey criminal justice system commonly issue bench warrants for the following legal violations:
- Failure to appear in court for arraignments, hearings, sentencings, or any other court-ordered appearances
- Failure to respond to a summons by the prescribed deadline
- Failure to pay fines as required by a court order or court-approved payment plan
- Failure to pay for or respond to multiple outstanding traffic tickets
- Contempt of court or other failures to comply with court orders
- Violations of bail, parole, or probation restrictions or requirements
- Violations of the terms of a court-approved restraining order
- Delinquent (late) child support payments
- Disruptive or threatening behavior during court proceedings.
How Long Does a Bench Warrant Last?
There is no set expiration date for bench warrants in New Jersey. Judges issue bench warrants to direct local law enforcement to arrest defendants for certain legal violations. Bench warrants generally remain in effect until one of the following happens:
- Law enforcement takes the defendant subject to the warrant into custody.
- A judge decides to recall the bench warrant for good cause.
- The defendant fulfills the conditions of the warrant or other court order.
How Can I Find Out If There Is a Bench Warrant for My Arrest?
Bench warrants are court orders, meaning they are open to the public and maintained in a statewide database. You can verify whether there is a bench warrant against you in three primary ways:
- Contact the court directly — One of the simplest methods is to call the local court system in which your case is pending and ask whether you are subject to a bench warrant. Keep in mind that the court might try to pin down your location or convince you to turn yourself in if you go this route.
- Reviewing online court records — You could also check your records online to search for an open bench warrant. Typically, you must provide your name and the appropriate court system to access these records. Remember that online records are not always updated regularly or easy to locate.
- Checking statewide warrant data — Finally, you could look directly into New Jersey’s statewide bench warrant database. However, you should know that most individuals cannot access this system independently, so you will likely need to work with a lawyer or bail bond agent with access to the system. Some third parties offer warrant database check services for a fee, but these services are often expensive and have no true guarantee of accuracy.
The best way to determine whether you are presently subject to a bench warrant in New Jersey is to contact a knowledgeable attorney. A lawyer can help you verify if you have a warrant, take steps to remove active warrants, and fight any charges against you.
How Is a Bench Warrant Different from an Arrest Warrant or Search Warrant?
In most cases, judges issue bench warrants when defendants fail to comply with court orders or procedures. Judges usually only issue arrest warrants, however, for criminal cases that are new or presently under investigation by law enforcement. New Jersey courts might issue arrest warrants in response to:
- Citizen complaints, such as those from victims of criminal activity
- Findings of probable cause from criminal law enforcement investigations
- Indictments from grand juries that have reviewed evidence from prosecutors.
When the court issues a search warrant, on the other hand, it effectively authorizes law enforcement to search your property. If police officers have no search warrant, the Fourth Amendment typically protects you from unreasonable search or seizure. New Jersey courts only issue search warrants after:
- Law enforcement presents evidence showing sufficient grounds for the search.
- The court has probable cause to believe that you possess property that you obtained illegally or intended to use for illegal purposes.
- A judge decides that law enforcement’s request for the search warrant is valid.
How Can a New Jersey Criminal Defense Attorney Help You?
Jason A. Volet could help you by determining whether you are subject to any outstanding bench warrants and working to have your charges reduced or dismissed entirely. Contact the Law Office of Jason A. Volet to learn more about your rights in a free initial consultation. We can help you review your legal records and find any outstanding bench warrants against you. Do not hesitate to contact us to discuss the details of your case in a completely confidential consultation.
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