Did You Failure to Perform Community Service, Pay Restitution or Comply With Some Other Condition of the Court?
New Jersey Courts have wide discretion when it comes to sentencing and this can result in imposition of special conditions like payment of restitution, drug counseling, alcohol evaluation, completion of anger management, or other requirements. When an individual does not meet such a condition, the court may conclude that they are in contempt, this is called failure to comply, and a warrant may be issued. A resulting arrest can be extremely embarrassing and result in a significant hardship. The lawyers at our office, the Law Offices of Jonathan F. Marshall, have over 100 years of collective experience in dealing with contempt and related orders of non-compliance. One of our attorneys can often obtain relief from a warrant issued under these circumstances or, minimally, aid a defendant in avoiding an arrest altogether. A defense lawyer from the firm would be happy to assist you anytime 24/7 at 855-450-8310. We hope you find the information on this page information and please do not hesitate to contact us if you need assistance.
A bench warrant can be issued for non-compliance with a condition imposed by the court at the time of a guilty plea, trial, sentence, or even as a prerequisite to a dismissal. Failure to comply often arises in the following contexts:
- Violation of Probation or Parole.
- Perform Community Service. Sentences imposed by the court can include an obligation to complete community service. For example, a shoplifting conviction carries mandatory community service. If a defendant fails to meet this obligation, the court may find the individual in contempt and issue a warrant.
- Restitution. In accordance with N.J.S.A. 2C:46-2, an individual may be held in contempt of court if they fail to pay restitution without good cause. One of the resources available to the court to address the default in restitution payments is issuance of an arrest warrant.
- Drug or Alcohol Counseling. When a criminal or serious motor vehicle offense involves allegations of a drug problem or addiction, or even alcohol abuse, courts frequently resort to evaluation and rehabilitation to address the issue. When a court imposes an obligation to undergo these types of programs, failure to comply can result in contempt and issuance of a warrant.
- Anger Management. Courts can impose a requirement that an individual complete an Anger Management program as a condition of a sentence (e.g. non-incarceration) or even a dismissal. This condition is often encountered, for example, in the context of domestic violence cases. When a defendant fails to complete Anger Management notwithstanding its inclusion as a condition imposed by the court, a warrant for non-compliance (i.e. contempt) can be issued.
- Intoxicated Drivers Resource Center Class. If the defendant fails to appear at the IDRC, fails to pay the program fee or fails to complete an aftercare referral program, a report will be made to both the sentencing court and the Motor Vehicle Commission. A defendant who fails to comply with the IDRC is subject to a mandatory two-day jail sentence. The Motor Vehicle Commission will also continue the defendant’s suspension until the IDRC requirements have been satisfied.
If you are the subject of a warrant issued as result of a failure to fulfill a court imposed obligation (other than payment of fines) or are in fear of issuance of such an order, the attorneys at our office can help you. You owe yourself the opportunity to discuss the situation with one of our experienced lawyers and initial consultations are always without charge.
