If you have received a summons ordering you to appear in a New Jersey courtroom, we advise you to be present and on time on the date required. Failure to appear is a potentially serious offense. You could be arrested, jailed, or fined, and your driver’s license could be suspended. In a case involving serious criminal charges, it’s likely that you’ll be arrested and held until your rescheduled court date.
After missing a court date, reach out to the Law Offices of Jonathan F. Marshall to discuss how we may resolve your failure to appear with the least possible impact on you. Judges have wide discretion after a defendant misses a court date. Our skilled N.J. criminal attorneys have favorably resolved hundreds of cases involving failure to appear.
One of our defense attorneys can be reached immediately at (856) 565-3635. Initial consultations are always free. If you miss a court date, seek legal representation promptly before a warrant is issued for your arrest. Contact us now to get experienced and dedicated legal help to deal with the consequences of missing an N.J. court date.
Consequences of Missing a Court Date in New Jersey
What happens after you miss your court date in New Jersey depends on the charges you face. In a less-serious matter, such as a traffic or parking ticket, the court may simply mail you a failure to appear notice. The notice sets a new court date. If the charge is more serious, there will be immediate consequences for missing your court date. Even if it’s just for a speeding ticket, the court can and sometimes will punish you for failure to appear.
A New Jersey judge presiding in a court where you have failed to appear as ordered may respond by:
- Issuing a bench warrant for your immediate arrest. A judge can order you to be held until your rescheduled court date if he or she thinks there is no other way to ensure you will appear in Otherwise, you’ll face increased bail to be released.
- Declaring that you have forfeited any bail previously posted in this case.
- Reporting your failure to appear to the N.J. Motor Vehicle Commission to have your driver’s license and your vehicle’s registration suspended until the case is resolved.
- Fining you up to $25 for parking offenses, up to $50 for other matters, or up to $100 for more serious matters.
- Declaring you to be in contempt of court, a disorderly persons offense, which allows the judge to impose a fine of up to $1,000.
A judge is more likely to impose harsher sanctions for failure to appear in serious cases related to public safety, like driving while intoxicated (DWI), domestic violence, breaking probation or other pre-trial restrictions, or other cases in which a jail sentence or the suspension of the defendant’s driver’s license is likely with a conviction.
The judge will decide whether to fine a defendant for failing to appear based on the following:
- The defendant’s history of failure to appear
- The defendant’s criminal record
- The seriousness of the pending charges
- The resulting inconvenience to the opposing party in the case and to witnesses called by the parties.
If your case is scheduled for municipal court, you’ll likely receive a failure to appear notice. But after repeated failures to appear, cases that involve alleged violations of municipal ordinances can be tried without the defendant present.
If you repeatedly fail to appear in court when ordered to do so without a valid reason, you could be charged with bail jumping, a third-degree offense punishable by 3 to 5 years in prison and a fine of up to $15,000.
What To Do After You Miss an N.J. Court Date
There are valid excuses for missing a court appearance. It is possible to avoid punishment for failure to appear. If you have a valid reason, you should get to the courthouse as soon as possible, accompanied by your defense attorney, to explain yourself to the judge. You should never appear in court without a defense attorney representing you.
You may be able to avoid punishment for failure to appear in court if you can present testimony or documentation that proves to the judge’s satisfaction that you:
- Were not notified of the date and time of the hearing.
- Were hospitalized or incapacitated by illness or injury on the date you were to appear in court.
- Were unable to appear due to a natural disaster.
- Had experienced a very recent death in your immediate family.
- Attended a previously scheduled court appearance.
Invalid Reasons for Failure to Appear
You can expect to be sanctioned by the court if you present an unacceptable reason for failing to appear. Do not tell a judge:
- You forgot.
- You couldn’t take time off from work.
- You were stuck in traffic.
- Your car broke down.
- You weren’t notified because you moved and forgot to notify the court of your new address.
- You thought the judge waived your appearance.
Talk to an Experienced New Jersey Criminal Defense Lawyer
If you had a valid reason for failing to appear in court, you can avoid punishment with the help of an experienced criminal defense attorney. If you did not have a valid reason, a criminal defense attorney who is known by local prosecutors and judges can help you avoid harsh penalties.
Contact the Law Offices of Jonathan F. Marshall as soon as possible if you have missed a scheduled court appearance in New Jersey. Our legal team is made up of 11 former prosecutors and public defenders who have more than 200 years of combined experience in courtrooms throughout New Jersey. We have the knowledge, skills, and relationships needed to help you. We are available 24/7 at (856) 565-3635 or online and have 18 offices across the state of New Jersey. Contact us now for experienced legal help.
