New Jersey Warrant for Arrest
A criminal arrest can have many ramifications to an individual’s life beyond inconvenience and embarrassment. If you believe that an arrest warrant has been issued against you or a loved one, the lawyers at our firm possess the skill to help you avoid arrest and/or incarceration on a warrant. In fact, our defense team includes seasoned criminal attorneys that have over 100 years of collective experience defending all kinds of warrant for arrest in NJ. An attorney on our staff is available immediately to assist you and we hope you find the information here of value. If you have any questions or require representation, a lawyer is ready to assist you at 855-450-8310.
When Is An Arrest Warrant Issued?
Not all criminal or traffic complaints give rise to an arrest or issuance of a warrant of arrest.
Those scenarios where a warrant arises are outlined in NJ Court Rule 7:2-2 and include:
- Warrant Upon Indictment. R.3:7-8 provides that the criminal division manager should issue an arrest warrant once an indictment or accusation involving an Indictable Offense is filed. No warrant should be issued however when the defendant is already under bail or where the prosecutor wishes to proceed by way of summons.
- Warrant Upon Filing of Criminal Complaint. There are two forms of complaint that can be issued in a criminal case. The first form is a summons complaint which simply involves issuance of the complaint and no arrest. The second form of complaint is a warrant complaint and requires the arrest of the defendant. A prerequisite to issuance of a warrant complaint is a finding by the court that there is probable cause to believe that a criminal offense was committed and that the defendant was the actor.
- Bench Warrants because of a failure to appear, pay a fine or other form of non-compliance.
- Violation of Probation
- Parole Violation
Contents of Arrest Warrant
Rule 7:2-1 sets forth the requirements of what must be contained in the warrant of arrest. The warrant must include: (1) the name of the defendant; (2) the court to which the defendant is to be brought following arrest; and (3) be signed by a judge or court administrator following a finding that probable cause exists. The arrest warrant may also contain the amount or conditions of bail.
Defective Warrants
The law in New Jersey does not require the release of an individual from custody who has been arrested on a warrant that contains a technical error or deficiency.
Our lawyers are available 24/7 to provide the guidance you need to avoid the negative impact of an arrest warrant. Attorneys are ready to conduct or schedule a free consultation now at 855-450-8310.
