NJ RULE 7:8-9. FAILURE TO APPEAR
NJ Court Rule: The Consequences of Failing to Show Up in Criminal Proceedings
It is highly crucial to comprehend the ramifications of not showing up for court appearances if you get charged with a crime in New Jersey. Court Rule 7:8-9 prescribes the procedure that the state follows in case an individual fails to turn up for a court hearing. Todd Spodek Law Group boasts a team of expert criminal defense attorneys who can assist you in understanding the law. If you require legal representation, our skilled attorneys are always on standby to give you sound legal advice.
Warrant or Notice: What Happens if a Defendant Fails to Appear?
If an offender does not show up or respond to court complaints not related to parking, the court can issue an arrest warrant or send a failure-to-appear notice via mail. In cases where there is no response to the Failure-to-Appear notice, then the issuance of an arrest warrant becomes inevitable. However, regarding all parking violations, authorities may only issue an arrest warrant under specific circumstances, which include non-response to two or more unresolved parking tickets within the same jurisdiction. Also, it’s worth noting that no warrants should be issued for pending tickets that get issued on the same day or within 24 hours.
Driving Privileges Upon Failure To appear
Concerning motor vehicle cases other than those involving parking issues and when no arrest warrants have been issued against defendants that fail to appear in court, relevant authorities shall report such incidences to Division Of Motor Vehicles within thirty days. Subsequently, such cases will get marked as closed in these courts’ records and subject them to be reopened later on. Instances where the courts issue arrest warrants upon facing failure-to-appear cases, they reserve the right report such instances directlyto DMV (Division Of Motor Vehicles). If such instances remain unexecuted within thirty days after issuing judicial intervention orders by DMV will be compelling. Where other cases occur, the court can order suspension of driving license or non-residency reciprocity privileges of the accused individual or even prohibit him/her from acquiring new driving licenses until such cases get resolved.
Unexecuted Arrest Warrant Consequences
In case an arrest warrant remains unexecuted, it will remain valid and active until the courts either discharge or recalls it. Absconding defendants may also lead to automatic forfeiture of bail posted, having such instances reported as bail forfeitures to DMV. In instances where courts declare that bail forfeiture was not done in the interest of justice, they could set aside bail forfeiture.
Parking Tickets Cases
Instances where initial failure-to-appear notices prove futile and returned showing the defendant’s potential unlocatability, no arrest warrants should be issued for parking tickets’ cases. The affected municipal courts can instead issue orders suspending vehicle registration and/or driving privileges belonging to such defaulters. Also, these courts shall forward all suspension orders to Motor Vehicle Commission with an aim of closing similar cases, hence subjecting them only for reopening at a later stage.
Reopening Closed Cases
Any closed case resulting from people absconding from their duties appearing in court becomes subject for reopening either upon the defendant’s request or motion by the prosecuting attorney who presided over such a matter in question in certain circumstances.
Dismissal of Parking Tickets Cases
In any given parking case instance where authorities fail to issue an arrest warrant that leads to defaulter’s apprehension or fails even to suspend their car registration numbers nor revoke their drivers licenses within three years after violated traffic laws took effect then, the trial in question must stand dismissed automatically sixty days following expiration of this specific time frame,making sure fines are paid before such dismissal takes place.
Todd Spodek Law Group lawyers experienced counsel can help you understand better various aspects regarding criminal law. Do hasten and contact our customer representative agents if you require top-notch legal assistance in criminal cases. We offer free initial consultations to all of our clients.
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