NJ Bench Warrant – #1 Way To Create Paranoia

NJ bench warrant

NJ Bench Warrant - Basics

An NJ bench warrant is a problem. If you have a bench warrant, this means you failed to comply with your court-ordered appearance. Getting a warrant will complicate your case & can be very expensive. Avoid getting an NJ bench warrant at all costs.

A few reasons for Getting a NJ bench warrant

NJ bench warrants empower judges. Courts use this tool to enforce your legal obligations. The majority of people ordered to appear in court comply with this order. Depending on where you are in your matter, the court will order you to appear for different reasons. 

For example, you may order to appear for a “first appearance”. First appearances are uneventful. The court is required to inform you of the criminal charges against you & notify you of your constitutional right to counsel. Call us to see how we can help you.

Courts get frustrated when defendants don’t show up for their first, second, or third appearance. The message is clear: you have no respect for the legal system & you do not intend to resolve your legal problems.

Other situations involving NJ bench warrants arise when a case has ended. Perhaps you lost your Simple Assault trial and the judge imposed fines & did not incarcerate you. You asked for a payment plan and the judge granted your request. Your appearance in court was no longer required but you failed to honor your payment plan. 

The judge gets a report of all outstanding fines and issues notices for people to appear in court. When people fail to appear or fail to pay their fines, an NJ bench warrant is issued.

Other reasons for issuing bench warrants include:

  • Your agreement to pay traffic fines
  • Your agreement to pay criminal fines
  • Your agreement to pay ordinance fines
  • Your agreement to pay child support
  • Your agreement to comply with probation
  • Your agreement to show up for court

Is a NJ bench Warrant really that bad?

An NJ bench warrant is serious.

Aside from getting on a judge’s bad side, you risk a surprise arrest & incarceration.

For example, once a judge issues a NJ bench warrant, the police have a “standing order” to take you in. The police need not investigate anything. They will not ask questions because they are not investigating anything. Once they identify you as someone with an outstanding NJ bench warrant, the handcuffs go on & you go to jail.

When judges issue bench warrants, it gets marked on your file. This NJ bench warrant now becomes a part of your record. Anytime you go to court, your file reflects all of your warrants. This leaves you with a bad reputation before every court you appear in.

The fancy legal term for this is a scofflaw. It means a person who has no respect for the law. If you get a “scofflaw” reputation, judges favor keeping you incarcerated.

Judges also have the power to suspend your driver’s license. Your license loss will prevent you from working & having a social life. Worse, restoring your license is an expensive nightmare.

Getting an NJ bench warrant will also result in:

  • Parole or probation violation
  • Rejection from any diversionary program
  • More criminal charges

Clients complain that the worst part of getting a NJ bench warrant is feeling paranoid. There’s no worse feeling than living with a warrant hanging over your head. You are “looking over your shoulder” everywhere you go. It’s not worth it.

Do NJ Bench Warrants Expire?

NJ Bench warrants do not expire.

They stay in place until you get arrested or take responsibility and go to court. If you go to court, prepare yourself to explain your reasons for failing to comply with your legal obligations.

If you have a valid reason like hospitalization or funeral, you will need to provide proof.

NJ Bench warrant

Warning

Do Not lie about why you failed to appear in court.
This is the worst thing you can do. You will only make matters worse.

How to know if you have a NJ bench warrant

If you failed to appear (FTA) for your court appearance, you likely have a NJ bench warrant. To be certain, you can call the court administrator and ask.

This is not always a good idea. You might get nervous and lie about why you missed court. When you lie to the court, you further damage your case.

The best way to know if you have a NJ bench warrant is to have your attorney make the call.

How do i clear a NJ Bench warrant?

Your lawyer is most qualified to get your NJ bench warrant lifted. Do not attempt this on your own. A bad reason or a lie will make matters worse.

Courts will usually accept the following reasons to lift a warrant:

  • Due Process Violations (insufficient notice)
  • Attendance at a funeral (proof required)
  • Hospitalization (proof required)
  • Administrative error

Final Thoughts

Life happens and you have to deal with it. We understand that some problems go away if you ignore them. But this is not true for legal problems. When you fail to appear for your court appearance or fail to honor your payments, courts will issue an NJ bench warrant for you.

To live your life in a paranoid state because you have an NJ bench warrant issued in your name is no way to live. The consequences are severe & no benefit exists.

Your legal problems will persist & must get resolved sooner rather than later.

Call us today and let us help you lift your NJ bench warrant.

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How We Can Help

Regardless of the criminal charges you are facing, we are here to defend & protect you. Whether you are facing a restraining order, drug charge, theft charge, or aggravated assault charge, we are here to help you. Even a DWI case can really complicate your life.

If we can’t get your charges dismissed, we can either get them downgraded or place you in a diversionary program. The point is, our criminal defense lawyers will fight tirelessly to get you the best result possible. Take advantage of our free consultation to see how we can help.

Our Experience

You or a loved one have been arrested. Understandably, you are terrified & have a lot of questions. You’ve heard about plea bargains & probation, but the process is overwhelming. You want a local attorney near you to represent you.

Mr. Peyrouton is from Ridgewood & handles all types of criminal matters in New Jersey The New Jersey Law Journal recently published one of his articles on the subject of criminal law.

Our Practice Areas

Below you will find some but not all of our practice areas. Of course, if you do not see your criminal charges listed, feel free to contact us for a free consultation. We will meet with you to discuss your case & to answer all of your legal concerns. Se habla español tambien!

Areas We Serve

Get Help With Your Case

How Do Your Free Consultations Work?

There are plenty of excellent Hackensack criminal lawyers in our area. Most, if not all of them, offer free, 20-minute, consultations. However, our free consultations do not have a time limit. You will never feel rushed.

The best way for us to help you is to patiently listen to your side of the story. Your version of events will serve as the basis for your legal defense. It is during these initial meetings that your memory of the event is fresh in your mind. Why we would rush you during such an important aspect of your case.

We understand that your choice of attorney could mean the difference between your freedom and spending years behind bars. 

When you hire an attorney, you are entering a long-term relationship. For this reason, it is important that you feel comfortable with the team of Hackensack criminal lawyers that will represent you.

What our clients say about us

Peyrouton Law
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Bank Sinatra
Bank Sinatra
23:07 15 Oct 20
Not going to get into detailBut I spoke to a femaleBy the name of SameraWho really helped me see things clearer& Understand my rightsSo I could weigh my optionsAlan came in & he's what I call no nenseStraight down to businessNot Guilty when it's finishedJust wanted to publicly sayThey're the best that I've witnessedThis my 1st reviewNot somethin I'd typically doBut other ppl in my shoes would've plead out to 2Paid double the fees & the retainerSalute to them I'm not a detainerAnd I'm home wit my family rappin for strangers lol
Matthew Jenner
Matthew Jenner
21:28 14 Oct 20
Alan and his team were professional and competent. Alan was always available to offer advice and answer any questions I had. I will recommend Peyrouton Law to friends and family in the future.
Lissette Guzman
Lissette Guzman
18:15 14 Oct 20
One word for this firm OUTSTANDING!!
Ronald Yee
Ronald Yee
00:27 06 Oct 20
Outstanding is the only word that not even comes close to both Mr. Alan Peyrouton, Esq. and Office Manager/Paralegal Ms. Samera Cerva!Although the infraction could have been not only a fine plus incarceration,Mr. Alan negotiated to a fine and settlement of one- half of what was listed as the usual cash amount. Indeed, this law firm gave constant "Personal Touch," and for which there are no words in the English language which can properly convey my thoughts of appreciation.Whenever there was a question and doubt about anything, this law firm answered every question. No additional charges were attached with any telephone call and/or E-mail sent!Advice was also given how to EXPUNGE this legal issue and will continue with the Peyrouton Law Firm until records removal.One can not go wrong by selecting this Exceptional Law Firm.Exceptional Value, Personal Service, Professionalism, Etc. All: Outstanding!!Respectfully submitted,Ronald Yee- Continuing Client.
Rock'd
Rock'd
19:42 19 Aug 20
For many like myself, finding a good lawyer is a must. I was caught in a situation I shouldn't have been in, and Alan was recommended to me through a friend. I'm forever grateful to have found Alan, because most lawyers wont fight tooth and nail to make sure you get the best deal or outcome. Alan was more than patient with me and assured me he would do all he can, and he exceeded my expectations. Thank you Alan!
michell AHn
michell AHn
22:04 03 Aug 20
알란 변호사를 만나게 된것은인생의 최고의 행운이었습니다. 아주 프로페셔날하고 빠른 일처리로 최고의 만족스러운 결과를 만들어준 알란에게 큰 감사를 드립니다.좀더 많은 한국분들이 도움을 받았으면 좋겠네요.형사전문과 더불어 이민법과 연결해서 최상의 결과를 만들어 줍니다.I was really lucky to find Alan. At first call, I trust him while we talk about my case. He made best result in my case. Alan is the best criminal lawyer in New Jersey. Thank you Alan and his team(specially Samera).Thank you again in my whole life.this is another thank you to alan(from my email)Dear Alan,I couldn't say thank you enough this morning. Now I realized how big of an issue it was.I believed you and trusted you when I was in NJ so I never doubted that I would possibly go to jail.Thank you for everything. There will be more to go but thank you again.I am holding my tears back until my hubby comes back home.See you soon!Michelle😍😭
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Dom O
Dom O
00:36 01 Aug 20
I’m very grateful for all the hard work and effort Peyrouton Law put fourth in my case! Alan is a lawyer who cares and strives to get the best outcome for all of his clients ! He’s like a dog with a bone, he never gives up on you !During the most stressful time in my life they were there for me, fighting for me all the way. Texts to see how me and my family and to keep me informed of all overwhelming court business. I know if I didn’t have Peyrouton Law on my side I wouldn’t have found a better lawyer to help with everything like they did. Anyone who needs a help, compassion at more than reasonable law fees, you couldn’t find a better lawyer !!
Jerry Rivera
Jerry Rivera
02:18 29 Jul 20
Very professional ! Since I called they were very helpful and help me with the case right away , very sincere law firm , when they are talking about the case you feel like they are part of you family and want the best for you , always tells you the truth. I recommend them 100%
ceci Liu
ceci Liu
01:43 25 Jul 20
they are very professional and very helpful team. I got traffic ticket and to be able to reduce to 0 point and affordable fine. It was during covid time and Samera helps me a lot through phone calls and emails. Samera is very responsive and easy to approach. Alan is great and friendly. truly appreciate for all the help and patience.

A person extorts if he purposely threatens to:

a. Inflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense;
b. Accuse anyone of an offense or cause charges of an offense to be instituted against any person;
c. Expose or publicize any secret or any asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute;
d. Take or withhold action as an official, or cause an official to take or withhold action;
e. Bring about or continue a strike, boycott or other collective action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act;
f. Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or
g. Inflict any other harm which would not substantially benefit the actor but which is calculated to materially harm another person.

***It is an affirmative defense to prosecution based on paragraphs b, c, d or f that the property obtained was honestly claimed as restitution or indemnification for harm done in the circumstances or as lawful compensation for property or services.

Reasonable Articulable Suspicion

Reasonable suspicion is a “search” standard that applies in criminal law.

When a police officer conducts a warrantless search, and does not have probable cause to justify the search, the courts look to see if the police had
a “reasonable & articulable suspicion” for the search.

A mere “hunch” is not enough.

In other words, a police officer has to provide an acceptable explanation for the search.

United States Constitution

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

NJSA - 2C:43-7.2.
Eligibility for parole;
persons convicted of certain violent crimes

a. A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole.


b. The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3 or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration. Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years.


c. Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree. The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time he completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant’s release from incarceration. During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the State Parole Board as if on parole and shall be subject to the provisions and conditions

Felony Degree

Prison & Fines

Examples

First-Degree

1st-degree felony charges in NJ are reserved for the most serious criminal offenses. Prison terms start at a minimum of 10 years in prison.

Second-Degree

2nd-degree felony charges carry 5-10 yrs in prison.
These charges can often be “downgraded” to 3rd or 4th-degree crimes.

Third-Degree

3rd-degree felony charges carry 3-5 years.
You have a good shot at PTI if you are charged with a 3rd-degree.

Fourth-Degree

4th-degree felony charges carry up to 18 months in jail. These cases can get “remanded” to a lower court. In this way, you will be out of “felony” danger.