NJ Failure to Comply Warrants

Failure to Comply Warrants

Having a warrant out for your arrest can be a scary situation. But some types of warrants may be easier to deal with than others. One common variety is failure to comply warrants, also known as failure to appear warrants.

These warrants are issued when a defendant fails to show up for a required court appearance. While certainly serious, they don’t necessarily mean you are in major legal trouble. This article provides an overview of failure to comply warrants, how they work, and options for getting them resolved.

What is a Failure to Comply Warrant?

A failure to comply warrant is issued when a person does not appear in court after being ordered to do so. Common situations where these warrants arise include[1]:

• Missing your scheduled arraignment date
• Skipping out on a hearing for an infraction like a traffic ticket
• Failing to show up for jury duty after being summoned
• Not appearing at a hearing related to a civil matter

Once issued, the warrant authorizes police to arrest you and bring you before the court to explain your absence.

Consequences of a Failure to Appear Warrant

Once there is an active failure to comply warrant, you may face consequences such as[2]:

• Being arrested at home, work, or during a routine traffic stop
• Having to post bail again if already out on bail
• Facing separate criminal charges for failure to appear
• Being detained until the next available court date

So these warrants should not be taken lightly. Prompt action is recommended to get the matter resolved.

Reasons Warrants May Issue Incorrectly

While failure to appear warrants are common, sometimes they are issued in error. Reasons this happens include[3]:

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• Court records containing an incorrect address for you
• Not receiving proper notice of the hearing date and time
• Your hearing got rescheduled but you were not notified
• Making an innocent mistake about the date

If you have evidence the warrant was issued incorrectly, that will help in getting it withdrawn quickly.

Getting Failure to Appear Warrants Resolved

To get a failure to comply warrant cleared up, you generally must[4]:

1. Turn yourself in to police or the court that issued the warrant
2. Post any required bail amount
3. Explain your reasons for missing court to the judge
4. Get a new court date to address the original matter

Having an attorney assist you through this process can be very beneficial.

Hiring an Attorney to Help

While you can try to handle a failure to appear warrant on your own, having legal counsel makes the process much smoother. An attorney can[5]:

• Negotiate your surrender to minimize time in custody
• Advocate for why the warrant should be withdrawn
• Argue against setting excessive bail
• Work to get charges for failure to appear dropped

The right lawyer can resolve the warrant efficiently and advocate for you every step of the way.

Fighting the Warrant Before Turning Yourself In

In some cases, your attorney may be able to get the warrant lifted before you surrender. Options include[6]:

• Filing a motion to quash the warrant
• Providing proof you did not get proper notice
• Showing you could not attend due to hospitalization or other emergency

If successful, the warrant gets withdrawn and you avoid arrest. But there is still a pending matter to address.

Getting the Underlying Case Dismissed

Another defense strategy is working to get the underlying case dismissed by your attorney. Possible grounds include:

• Violations of your right to a speedy trial
• Errors or misconduct in the initial case
• Statute of limitations expiring

While not guaranteed, dismissing the underlying case may nullify the warrant.

Reactivating a Failure to Appear Warrant

If you resolve a failure to comply warrant but miss your new court date, the warrant may be reissued. At that point the court will be less lenient.

Any bail amount will likely increase significantly. And you may be held in custody until your case is resolved.

Avoiding Failure to Appear Warrants

The best approach is avoiding failure to comply warrants altogether. Helpful strategies include:

• Recording court dates prominently in planners or calendars
• Setting reminders and alerts leading up to the date
• Keeping contact information updated with the court
• Following up to confirm dates and times
• Arriving early to court appearances

Carefully tracking and managing your court schedule reduces the risk of missed appearances.

Long-Term Consequences

Even once a failure to appear warrant is resolved, it may still impact you in the future. Some potential long-term consequences are:

• Having a permanent criminal record for failure to appear
• Higher bail or bond amounts set in future cases
• Ineligibility for diversion programs due to noncompliance
• Judges viewing you as irresponsible and untrustworthy

So it is in your best interest to handle warrants properly to avoid damaging your reputation with the courts.

Consult an Attorney About Any Warrants

If you learn there is an active warrant for your arrest, immediately consult with a criminal defense lawyer. They can walk you through your options and develop a strategy. Trying to handle warrants alone rarely ends well.

With an attorney’s assistance, you can often resolve failure to appear warrants efficiently while avoiding severe consequences. Don’t wait – get experienced legal help right away.