Getting arrested for DUI can be intimidating. You may forget everything the court tells you upon your release due to fear, shock, and stress. You may even lose your paperwork.
However, missing a court date can have serious consequences, including immediate arrest upon contact with the police. A criminal defense attorney helps you clear up any warrants for missing court dates.
Consequences of Missing a Court Date in New Jersey
When you miss a court date for a DUI, a judge can issue a bench warrant, which is different from an arrest warrant. The police will actively search for you when a court issues an arrest warrant. Officers might appear at your home or workplace to execute an arrest warrant.
However, the police will typically not actively search for people with bench warrants. Instead, you will be subject to arrest when you have contact with the police. For example, if you are stopped for a traffic violation, such as speeding or tailgating, the police will use your identification to check for warrants.
When an officer finds an active bench warrant, they must arrest you and hold you so you can appear before the judge handling your DWI case. You may spend some time in jail waiting for your appearance. However, you will generally appear within 48 hours, unless you are arrested on a weekend or a government holiday.
If you were out on bail when you missed your court date, the judge may continue your bail or increase the amount required. The bail amount is supposed to secure your appearance in court.
Since you missed your court date, the judge may want additional property to ensure you make your next court appearance. If you were released without bail, the judge may impose bail to secure your re-release.
In rare circumstances, a judge may order you held without bail. This typically only happens when you have a record of missing court. For example, if you missed multiple court hearings in your DUI case or you have other cases where you missed court, the judge might keep you in jail until your DUI trial.
Typical Process for New Jersey DUI Cases
New Jersey criminal prosecutions for DUI usually start with a traffic stop and an arrest. The police must have probable cause to arrest you. In a DUI case, probable cause usually comes from traffic violations observed by the police, a breath test showing a blood alcohol level of 0.08% or higher, or both.
The police will transport you to the local jail and book you. Your fingerprints and photograph will be taken. You will be held until your first court appearance, typically within 48 hours.
At the first court appearance, you will be informed of the charges against you and asked to enter a plea of guilty or not guilty. The judge will also determine whether to release you and, if so, whether you must pay bail.
In many cases, your attorney can secure release on recognizance. This means you are only required to promise to return for court hearings. In other words, you are not required to post bail for your release. However, a court may require bail if you face serious charges or have a criminal record.
People arrested for DUI will usually be released while they await trial. However, when the court releases you, the judge will inform you of your next court date. If you miss any court dates, the court can issue a bench warrant.
Clearing a Bench Warrant in New Jersey
Bench warrants are risky. Any contact with the police can result in arrest and imprisonment. If you have a bench warrant, you might even be afraid to contact the court.
In many situations, a criminal defense lawyer can contact the court on your behalf. The attorney will work with the court clerk to reschedule your court date and ask the court to recall the bench warrant.
If this happens, you will not be arrested on the bench warrant if you come into contact with the police. However, you should make every effort to make your rescheduled court date to avoid any further bench warrants.
Guiding You Through the Court Process
Many people facing DUI charges have no experience with the criminal justice system. An experienced attorney can help you understand the process and the consequences of missing court. Moreover, we can work with the court to clear up any warrants resulting from missed court hearings.
Contact Steven Ellman to learn how we can assist you with your DUI case.
