Consequences of Failing to Appear in Court
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 855-450-8310 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.
Understanding The Legal Process
After an arrest or legal summons, defendants are required to make an initial appearance in court. During this stage, they are informed about their rights, charges, and upcoming court dates. It is crucial to understand that failing to appear in court as required can have serious consequences, as it is seen as a direct violation of the legal system and can result in additional charges and penalties.
The Statute On Failure To Appear (Bail Jumping) In New Jersey
In New Jersey, failure to appear is a governed by the state statute N.J.S.A. 2C:29-7. This statute defines the offense, outlines the legal obligations, and provides the potential penalties for those who fail to appear in court.
In simple terms, this statute states that if a person is released from custody or given a summons by the court, with or without bail, and is required to appear in court at a specific time and place for a criminal offense or violation of the law that could result in jail time, it is a crime if they don’t show up without a valid reason. The person can defend themselves by proving that they didn’t knowingly fail to appear.
The seriousness of the offense depends on the original charge: it can be a third-degree crime if the original charge was a third-degree crime or more serious, and the person tried to avoid arrest, trial, or punishment by fleeing or hiding. It can be a fourth-degree crime if the original charge was any other crime. If the original charge was a disorderly persons offense or a petty disorderly persons offense, then not appearing is considered a disorderly persons offense or a petty disorderly persons offense, respectively. If the release or summons was related to a different violation of the law, the failure to appear is a disorderly persons offense.
This statute does not apply to situations where a person is required to appear as a condition of release under a suspended sentence, probation, or parole. Additionally, it doesn’t interfere with a court’s authority to punish someone for contempt.
Penalties For Failure To Appear
The consequences of failure to appear in New Jersey can vary depending on how the offense is classified:
In New Jersey, the penalties for different offenses pertaining to failure to appear are as follows:
- Petty Disorderly Persons Offenses: These are considered less serious offenses. The maximum penalty for a petty disorderly persons offense is 30 days in jail and a fine of up to $500.
- Disorderly Persons Offenses: These offenses are slightly more serious than petty disorderly persons offenses. The maximum penalty for a disorderly persons offense is 6 months in jail and a fine of up to $1,000.
- Third Degree Crimes: These are more serious offenses, and the penalties are more severe. The maximum penalty for a third degree crime is 3 to 5 years in state prison and a fine of up to $15,000.
- Fourth Degree Crimes: These offenses are less serious than third degree crimes but still carry significant penalties. The maximum penalty for a fourth degree crime is up to 18 months in state prison and a fine of up to $10,000.
Probation
As an alternative to or in conjunction with fines and jail time, the court may impose probation as a penalty for failure to appear. Probation typically requires individuals to meet certain conditions, such as regular check-ins with a probation officer, attending counseling programs, or community service. Violating the terms of probation can result in additional penalties.
Bench Warrants
When individuals fail to appear in court, the court may issue an arrest warrant. A bench warrant authorizes law enforcement to arrest the individual and bring them before the court. The issuance of a bench warrant can lead to embarrassing and disruptive situations, as individuals may be arrested at their place of work, during routine traffic stops, or even at home.
It is important to note that failure to address an FTA promptly can lead to additional consequences. These may include:
Additional Charges
Failing to appear in court can result in additional charges being filed against the individual. For example, if the original case was a criminal matter, the failure to appear can lead to charges of bail jumping or contempt of court, which carry their own penalties.
Negative Impact On Future Legal Proceedings
Failure to appear can have a negative impact on future legal proceedings. Judges and prosecutors may view a history of FTAs unfavorably, which can affect bail decisions, sentencing, and overall case outcomes. It is crucial to address FTAs promptly to avoid further complications.
Defenses And Legal Options
While each case is unique, there may be defenses and legal options available to individuals charged with failure to appear. Valid reasons for missing a court appearance can include not being aware of having to appear as well as emergencies, illness, or circumstances beyond one’s control. Possible defenses and legal options include:
Valid Excuse
Demonstrating a valid excuse for the failure to appear can be a strong defense. This can include medical emergencies, hospitalization, serious illness, or unforeseen circumstances that prevented the individual from attending court.
Notification Issues
If the defendant did not receive proper notice of the court appearance, this can be used as a defense. In other words, the defendant can argue that they didn’t knowingly fail to appear.
Mistaken Identity
In cases where there is a genuine case of mistaken identity, the defendant can present evidence to prove that they were not the person required to appear in court.
Technical Errors
Challenging the technical aspects of the case, such as errors in the summons or paperwork, can also be a defense strategy. An experienced attorney can help identify any procedural errors that may have occurred.
New Jersey Criminal Defense Lawyers:
Failure to appear in New Jersey can have serious legal implications. By understanding the consequences, seeking appropriate legal counsel, and exploring available defenses and legal options, individuals can address the charges effectively and protect their rights. Remember, complying with court obligations is required, and if you have been charged with failure to appear, it is essential to take immediate action. Don’t hesitate to contact an experienced criminal defense lawyer at the Law Offices of Jonathan F. Marshall for professional guidance tailored to your specific situation. They will review the details of your case, gather evidence, and build a strong defense strategy tailored to your situation. They will guide you through the legal process, ensuring your rights are protected, and work towards the best possible outcome.
