Failure to Appear

Consequences of Failing to Appear in Court

criminal attempt charge

A common call we receive almost daily is someone who has an outstanding warrant or a license suspension because they did not appear on a court date for their criminal charge or motor vehicle violation. We may even be speaking to a family member when the potential client is in custody because they were arrested on the Bench Warrant—sometimes even giving rise to an Extradition problem. If you missed a court date and are facing issues with your drivers license or a warrant, the lawyers at our firm, the Law Offices of Jonathan F. Marshall, have favorably resolved cases like these hundreds of times. One of our attorneys can be reached immediately to discuss precisely how we can go about resolving your failure to appear. A lawyer is available 24/7 at 1-877-450-8301 and initial consultations with an attorney are always complimentary. Give us a call if you require representation or have any detailed questions following review of the information regarding what happens when someone fails to appear on a court date in New Jersey.

NJ Law: Failure to Appear

When an individual misses an initial court date, arraignment (i.e. mandatory plea hearing), status conference, plea cutoff date, sentencing, or any other schedule proceeding on a criminal case or traffic offense, the court has several recourses under Court Rule 7:8-9. The following are the options that the judge has when someone does not appear at a court proceeding.

  • Issue an Arrest Warrant: The court is authorized to issue a form of arrest warrant referred to as a bench warrant when someone fails to appear. The warrant remains outstanding until the defendant pays it or it is picked up and brought before the judge.
  • Suspend the Defendant’s Drivers License: The court may issue an order to the New Jersey Division of Motor Vehicles to suspend an individual’s license to operate a motor vehicle. The suspension (a.k.a. revocation) remains in effect until the criminal case or outstanding traffic summons or ticket is fully resolved. The suspension will immediately affect the defendant’s NJ license and eventually prevent them from renewing an out-of-state drivers license.
  • Revoke Bail: When someone does not appear at any stage of a criminal charge or traffic case and bail was previously deposited on the case, the bail will be revoked absent a satisfactory explanation for the non-appearance. When this happens, an order for forfeiture of the bail is issued by the court. If the order is not set aside within 75 days, then the bail is forfeited to the court.

If you are trying to resolve a suspension of your license, warrant for your arrest, or an outstanding case, the attorneys on our defense team are prepared to assist you. The lawyers at our firm possess over 100 years of collective experience so they have been presented with just about every scenario involving a failure to appear. An attorney can be reached now at 1-877-450-8301.