You need to take swift action if there is a warrant for your arrest in New Jersey. Ignoring a warrant could lead to significant criminal penalties, including jail or prison time. Knowing there is a warrant for your arrest is a scary situation, but you still have options.
Depending on what type you are facing, you may be able to get rid of an outstanding warrant in New Jersey. However, the longer you wait to address the warrant, the fewer choices you will have — and the worse the potential penalties may be. Talking to an attorney immediately after your arrest is critical to a positive outcome.
As an experienced New Jersey criminal defense attorney, Jason A. Volet can help you find the best way to deal with a warrant. Keep reading to learn more about warrants in New Jersey and how a criminal defense lawyer can help keep you out of jail.
Contents
What Are Some Criminal Justice Statistics in New Jersey?
New Jersey began instituting a series of criminal justice reform measures in 2017, including changes to bench warrants. A defendant failing to appear for a court hearing is one of the most common reasons judges issue warrants, and the number of missed hearings seems to be declining. A report from the state court system found that criminal defendants in New Jersey made it to 90.9 percent of their court hearings in one recent year, compared with 89.4 percent a few years ago.
New Jersey’s criminal justice reform measures have led to an increase in the number of summonses issued versus the number of warrants issued. (A warrant requires the police to arrest the person named in the document, while a summons does not.) Another state court report found that New Jersey defendants received 62,335 summonses in a recent year, compared with 32,896 warrants. That means almost two-thirds of defendants statewide received a summons and were not under threat of arrest before their day in court.
What Is the Difference Between a Summons and a Warrant?
Receiving a warrant or a summons means you need to appear before the court that issued the document. However, you are not necessarily under arrest when you respond to a summons. When you appear in court, you may be able to address the issue and avoid an arrest and being taken to jail.
On the other hand, a warrant is much more serious, as police must arrest anyone named therein. If the police arrest you, you will likely go to jail, at least briefly. However, there are some circumstances where you can clear a warrant without an arrest or going to jail. Your best way to avoid jail time is to contact a New Jersey criminal defense lawyer as soon as a warrant is issued against you.
What Are the Three Kinds of Warrants in New Jersey?
The three types of warrants that a judge may issue in New Jersey criminal cases are:
- Search Warrants — A search warrant allows the police to search the place or property named therein for evidence of criminal activity. State court rules say that before a judge can issue a search warrant, the party requesting it must provide legal justification for the search. Once the judge signs the warrant, the police can search the property for only legally justified reasons.
- Arrest Warrants — An arrest warrant is a document issued by a judge ordering the police to arrest someone and bring them before the court on a specific charge. In New Jersey, police must file a criminal complaint and show probable cause before a judge can issue an arrest warrant. As part of the complaint, the police must show that the named party likely committed the crime in question. A judge may also issue an arrest warrant if a defendant has violated their parole or probation or refuses to comply with a court order. Some examples of court-order violations that could lead to an arrest warrant include violation of parole, failure to pay a court-ordered fine, and failure to appear for a hearing.
- Bench Warrants — A bench warrant is a specific type of arrest warrant that judges can issue if you fail to appear at a court hearing or violate a court order. Unlike most arrest warrants, judges can issue bench warrants without probable cause being established first. In effect, the fact that you either failed to appear or violated a court order is the probable cause for your arrest. Bench warrants stay in effect until the police arrest the defendant, the judge recalls the warrant, or the defendant fulfills the conditions of the warrant. For example, if a judge issues a bench warrant for your arrest because you failed to pay a court-ordered fine, paying the fine may fulfill the conditions and void the warrant.
How Can a Warrant Be Lifted?
Getting a bench warrant lifted is possible with help from an experienced attorney. Sometimes, a defendant misses a court summons because they changed addresses or there was a technical mishap. In these circumstances, calling the courthouse and letting them know about the error may be enough for the judge to lift the warrant.
Similarly, you might get a bench warrant lifted by complying with the court order that led to its issuance. For instance, judges sometimes issue bench warrants to people who have not paid their child support obligations. In this example, paying the child support you owe may be enough to get the bench warrant lifted.
You do not always have the option to avoid arrest if a judge issues a bench warrant. Defendants who violate the conditions of their probation or parole often cannot avoid arrest on a bench warrant. However, you should receive a court hearing before going to jail on a bench warrant, and you may be able to avoid jail time by working with a skilled defense lawyer.
How Can a New Jersey Criminal Defense Attorney Help You?
Working with a criminal defense lawyer is your best hope of getting a warrant lifted in New Jersey. Your lawyer can review your case, find out more about the warrant, and explore options for getting it lifted without you being arrested or sent to jail. If the police arrest you on a bench warrant, a defense attorney can appear with you in court and negotiate to keep you out of jail.
The Law Office of Jason A. Volet is ready to help if you are the subject of an arrest or bench warrant in New Jersey. Call us now or reach us online to discuss your case.
Visit Our Criminal Defense Law Offices
About the Author
Jason A. Volet
Certified by the Supreme Court of New Jersey as a criminal trial attorney, Jason A. Volet focuses his practice exclusively on criminal and municipal defense in New Jersey and New York. He earned his B.A. in political science from Rutgers College in 1995 and his J.D. from the Hofstra University School of Law in 1998. Mr. Volet began his career in the Monmouth County Prosecutor’s Office, where he gained extensive experience prosecuting both juvenile and adult offenders. Now, as a criminal defense attorney, he uses that experience to fight for the rights of individuals who have been charged with a crime.
