Bench Warrants
Contents
Bench Warrants in NJ: What You Need to Know
So, you missed a court date, or violated some condition of your release – and now you’re worried about a bench warrant, right? Well, take a deep breath, because we’re going to walk through this together.First things first, what exactly is a bench warrant? Simply put, it’s an order from a judge for law enforcement to arrest you and bring you before the court. Sounds scary, but don’t panic just yet.Judges typically issue bench warrants when defendants fail to show up for a scheduled court appearance, like an arraignment or sentencing hearing. They can also slap you with one if you violate conditions of your bail, probation, or parole.Now, you might be thinking, “But I had a really good reason for missing that date!” Well, that’s something you’ll need to explain to the judge – because once that warrant is issued, it’s out of their hands.
The Dreaded Knock on the Door
So, what happens if the cops come knocking with a bench warrant? Well, they have the authority to arrest you on the spot and take you into custody. No ifs, ands, or buts.Once you’re in custody, you’ll likely be held until you can see the judge who issued the warrant – which could be up to 72 hours. Yikes, right? During that hearing, you’ll need to convince the judge why you shouldn’t be held in jail while your case gets sorted out.And let’s be real, having a bench warrant isn’t going to make the judge too happy with you. They may:
- Increase your bail amount
- Revoke your bail entirely
- Find you in violation of probation
- Impose fines or other penalties
Basically, it’s not a situation you want to be in, trust me.
Avoiding the Arrest
Now, the smarter play is to be proactive and take care of that bench warrant before the cops come calling. The key here is to get in front of a judge and recall (aka cancel) that warrant ASAP.But how? By hiring an experienced criminal defense attorney to guide you through the process. A good lawyer can:
- Confirm if a warrant is active and what it’s for
- Advise you on the best way to handle it based on your situation
- Potentially arrange for you to walk into court voluntarily
- Represent you before the judge to explain what happened
- Work to get the warrant recalled without you getting arrested
See, going it alone is risky – you could end up in cuffs if you don’t handle it just right. With a lawyer though, you have someone in your corner who knows the system and can fight for the best possible outcome.
Clearing the Air with the Court
Once you’re before the judge, you’ll need to own up to whatever violation led to the bench warrant being issued. Maybe you genuinely didn’t receive notice of that court date, or maybe you just messed up – either way, be honest.The key is showing the judge that it won’t happen again and that you’re taking this seriously. Judges don’t like when defendants blow off their orders, so you need to demonstrate respect for the court.Your lawyer can help craft the best argument for your situation. Things like:
- Providing documentation of any reasons for missing court
- Explaining what steps you’ve taken to address the violation
- Proposing alternatives to jail time if needed
- Negotiating for reduced fines or penalties
With the right approach and representation, it’s often possible to get that bench warrant recalled and move forward without spending time behind bars.
Avoiding Future Bench Warrants
Of course, the ideal scenario is never getting a bench warrant in the first place. Once you’re in the system, you need to take it seriously and follow all court orders to a T.Some tips to avoid those dreaded warrants:
- Always make note of all court dates and set reminders
- Provide the court with updated contact info if you move
- Fully understand and comply with bail/probation conditions
- Hire an attorney to keep you on track if needed
Because let’s be real, the court system can be a maze – and one wrong turn could land you in hot water again. Having a lawyer who knows the ins and outs can make a huge difference.
When to Hire a Lawyer
Speaking of lawyers, when exactly should you bring one into the mix for a bench warrant? The short answer is: as soon as possible.An experienced criminal defense attorney can step in at any point – before a warrant is issued to keep you compliant, or after the fact to get it recalled. The earlier they’re involved, the better they can protect your rights.Don’t make the mistake of thinking you can handle this on your own. Bench warrants are no joke, and the consequences of not taking them seriously can be severe. From increased fines and bail to potential jail time, it’s just not worth the risk.So do yourself a favor – if you get hit with a bench warrant, or even think you might, call a lawyer immediately. It could be the difference between walking free and an unwanted trip to jail.
The Spodek Law Group Advantage
Look, I get it – dealing with a bench warrant is stressful and confusing. But here’s the thing, you don’t have to go through it alone. The elite criminal defense team at Spodek Law Group is in your corner, every step of the way.We’re not your typical law firm that puts cases through a cookie-cutter process. Instead, we take a hands-on, personalized approach tailored to your unique situation. We’ll dig into every detail surrounding your case, and develop a customized strategy to get you the best possible outcome.Our attorneys have a well-earned reputation for excellence and relentless advocacy. We never back down from tough cases, and will fight tirelessly to protect your rights and freedom.From confirming active warrants to representing you in court, we’ll guide you through this entire process. We pride ourselves on open communication and making sure you understand all your options. No judgment, just solutions.And with our team of former prosecutors and legal professionals, you can rest assured your case will get the attention and expertise it deserves. We quite literally wrote the book on New Jersey criminal law.So if you or a loved one is dealing with a bench warrant in New Jersey, don’t take chances. Call Spodek Law Group today for a free, confidential consultation. Let our family help protect yours.