What Should I Do if There is a Warrant Out for My Arrest in New Jersey?

Reviewed by Carl Spector, Esq.

Discovering that the police have a warrant out for your arrest can be a shocking and scary experience. Whether it was issued for a missed court appearance, an unpaid traffic violation, or a more serious criminal offense, the consequences can be severe. If you find yourself in this situation, it’s crucial to understand your legal rights and options, as well as the necessary steps to navigate the legal process effectively. Please continue reading as we explore what you should know about these matters and how a determined Bergen County Criminal Defense Attorney can assist you.

What Is an Arrest Warrant in New Jersey?

An arrest warrant is a legal document issued by a judge or magistrate that authorizes law enforcement to take an individual suspected of a crime into custody. NJ Statutes 2C:104-4 stipulates that when probable cause is established, a judge can issue an arrest warrant in New Jersey. According to NJ Statutes 2A:160-16, an arrest warrant authorizes the “peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this article, to the duly authorized agent of the demanding state.”

It’s important to understand that an arrest warrant is not proof of guilt, but rather a procedural tool to bring someone suspected of a crime into custody. An arrest warrant can also be ordered if a defendant violates their parole or probation, or refuses to comply with an existing court order. To secure the warrant, police must demonstrate to a judge that the accused is likely to have committed the crime.

Types of Warrants in New Jersey

It’s important to understand that there are different types of warrants that can be issued to bring you into custody in Bergen County. Understanding the type of warrant that has been issued is critical to crafting a defense early. In New Jersey, there are three primary types of warrants issued in criminal investigations and cases: search warrants, arrest warrants, and bench warrants. While search warrants authorize officers to examine a specific place or property for evidence of criminal activity based on probable cause, arrest and bench warrants are designed to take a person directly into custody.

Bench Warrant

A bench warrant is commonly issued when someone fails to appear for a scheduled court hearing, like at the Glen Rock Municipal Court, does not pay court-ordered fines, or violates conditions imposed by the court. These are most common in municipal court matters. If a bench warrant has been issued against you, it will remain active until it is cleared.

Unlike other types of arrest warrants, judges are able to issue bench warrants without needing an officer to establish fresh probable cause. This is because, by failing to comply with the orders of the court, probable cause has already been established. A bench warrant will remain in effect until the defendant has been arrested, the warrant is recalled, or the defendant has complied with the specific conditions required in the warrant.

Understanding and Handling a Bench Warrant

It’s important to understand that ignoring a bench warrant can result in intense consequences, like considerable fines and immediate time spent in jail. In the event a bench warrant is issued, law enforcement has the right to place the defendant under arrest during any interaction and can keep them in custody until a court hearing occurs.

Fortunately, getting a bench warrant lifted through the help of an experienced attorney is possible. If a defendant failed to comply with a court summons because of a technical mishap, contacting the courthouse and notifying them of the error could be enough for the judge to void the warrant entirely. However, if a defendant violates the conditions of their parole or probation, they generally cannot simply have the bench warrant lifted to avoid an arrest. Regardless of the underlying violation, working with a talented criminal defense lawyer to combat your charges can potentially help you avoid jail time and minimize other harsh penalties.

Active Warrant for a Criminal Charge

The issuance of an active warrant generally means that the police are searching for you as a result of an active police investigation or criminal complaint.

Municipal Court Warrant

You may be surprised to learn that, in Bergen County and throughout New Jersey, a traffic ticket or outstanding ordinance issues may lead to a warrant if you miss your court date.

How To (Safely) Check if You Have a Warrant in New Jersey

Understanding how to check whether or not there is a warrant out for your arrest without increasing your chance of arrest is imperative.

Check Municipal Matters Online

If you believe there is a municipal warrant out for your arrest, such as one incurred by a traffic or ordinance violation, you can utilize New Jersey’s specific search tools.

• Search by name or ticket number, if available
• Look for missed court dates or open issues
• Screenshot any results to save for your attorney

These will typically be issued by Bergen County municipal courts.

Involve a Lawyer for Criminal Warrants

Some criminal warrants may not be located online. As such, working with an experienced criminal defense attorney is critical to confirm the status of any outstanding warrants against you and coordinate a voluntary surrender.

What NOT to Do if There Is a Warrant Out for You in Bergen County

While understanding how to proceed if there is a warrant out for your arrest is important, it’s also critical to know the steps you should avoid in these circumstances.

• Don’t wait for the police to show up at your home or place of work
• Don’t fly, as airports can trigger arrests
• Don’t turn yourself in alone
• Don’t post about the matter online
• Don’t text or email about the warrant
• Don’t contact alleged victims
• Don’t assume it’s “only” a ticket

Three Most Important Steps to Take

If you learn there is a warrant out for your arrest, there are three things that you should prioritize above all else.

Step 1. Retain an Attorney BEFORE You Surrender

Working with an experienced criminal defense attorney in Bergen County can:

• Uncover what the warrant is for
• Coordinate voluntary surrender time and location
• Help fight for fair release conditions
• Minimize your time spent in police custody
• Help you avoid accidentally incriminating yourself

Step 2. Arrange a Voluntary Surrender the Smart Way

Working with your attorney to determine the best way to turn yourself in to police can help reduce the risk of being arrested:

• At your home or in front of your family
• At your place of employment
• During a traffic stop

While surrender may be pre-arranged, it will also depend on the entity that has jurisdiction over your case (ex., Glen Rock vs. Bergen County vs. New Jersey State). Additionally, your attorney can help fight for a reasonable processing time to help move your case along.

Step 3. Do Not Make Statements to Police or While in Custody

Anything you say to the police can and will be held against you during your criminal case. Even if you feel as though you did nothing wrong or the matter is a misunderstanding, you may say something to accidentally incriminate yourself. As such, once you are in police custody, you should:

• Invoke your Fifth Amendment right to remain silent
• Refrain from speaking to the police “off the record”
• Request that your attorney be present for any interviews or questioning
• Keep in mind that jail phone calls may be recorded or monitored
• Avoid discussing the case with other individuals held in the jail

What Happens After You Turn Yourself In?

If there is an active warrant out for your arrest and you are planning on voluntarily surrendering to the police, understanding what comes next is critical. In general, you can anticipate:

Booking and Processing

After you surrender, you will be formally taken into custody. As such, processing will commence, which includes:

• Identity verification
• Fingerprinting and photographs
• Warrant confirmation
• Officially being “lodged” in the system as “in custody”

How Long Can the Process Take?

Unfortunately, there are a number of factors that will influence how long you may remain in custody. This can depend on:

• Where the warrant was issued (Glen Rock Municipal Court vs. Bergen County Superior Court)
• The date and time you surrendered
• Whether or not there are multiple warrants
• The severity of the offense

First Appearance

Depending on the circumstances of your case, you may be required to appear before a judge. As such, they may:

• Review the charges and basis of the warrant
• Determine whether or not your release from custody would be appropriate
• Set release conditions
• Schedule future hearings

Contact an Experienced Glen Rock Criminal Defense Attorney

If you learn that a warrant is out for your arrest, it’s in your best interest to contact an experienced attorney from The Law Office of Carl Spector. We can provide invaluable guidance and representation throughout the legal process. Connect with our firm today to discuss your case.