If you’ve been charged with a crime, misdemeanor, or even minor traffic violation, you may be required to go to court to plead your case. If you don’t show up, or miss paying a fine on the above, you could soon be faced with another problem: a bench warrant. These l
ittle-known consequences should be tackled immediately by an experienced attorney to prevent your arrest and possible incarceration. Read on to learn more about bench warrants and how you can avoid being issued with one.

Reasons for Bench Warrants Being Issued: There are a number of reasons why a court could issue a bench warrant, all of which are explained in NJ Court Rule 7:2-3. These include parole violation, violation of probation, extradition of a defendant, contempt for failure to comply, failure to pay fines as agreed upon in court, violation for a condition of bail, and delinquent child support. In addition to all of these, the most commonly seen reason for the issue of a bench warrant is when a defendant fails to appear in court for an arraignment, hearing, or sentencing.

Bench Warrant Effects: After a bench warrant has been issued, there are a number of repercussions for the person who has been charged. The bench warrant will stay in effect until the court recalls it, or the defendant is arrested. The person arrested on a bench warrant is required to stay in police custody until they can make bail, the warrant gets recalled or the conditions that originally required the bench warrant are satisfied.

In addition, the issue of a bench warrant also often goes hand in hand with a driver’s license suspension. This is one way that the court tries to impact the defendant and make him or her surrender or take care of the issue for which the bench warrant was originally issued. This may include paying the fine, or appearing at their sentencing or probation. This license suspension will stay in effect until the requirements of the bench warrant are fulfilled or it is otherwise lifted by the judge. Until this happens, the defendant will not be able to legally drive. One criticism of this is that revoking a defendant’s driving privileges also means it will be more difficult for the person to travel to court to resolve the listed dispute.

Lifting A Bench Warrant: Removing a bench warrant is essential for anyone who has been given one, and anyone who has received a bench warrant for his or her arrest should immediately contact an attorney. Doing so will make it possible for the warrant to be lifted, as well as begin the process of establishing a new court date to resolve the issue. Resolving issues of bench warrants is very important to me, and I’ve been highly effective in resolving both the initial issue causing the bench warrant, along with recalling the warrant itself. If you’ve been served a bench warrant and need expert legal advice, contact me, David Polsky, today at (973) 686-9787 today to work towards resolving your dispute.