If you are charged with a crime, even something as minor as a traffic violation, you must be sure to attend your court hearing. Whether you are mounting a defense or pleading out, appearing in court can help you avoid serious consequences.
Failing to appear can lead to a warrant for your arrest and fines for each missed scheduled court event. If you have missed a hearing, trial, or conference, a Newark failure to appear lawyer could help minimize penalties and navigate the legal process to get back on track.
Unfortunately, many people fail to appear in court and end up suffering the consequences. If you are scheduled to appear in front of a judge and do not show up, the judge can reschedule for a second appearance, which, if missed, can result in the issuance of a bench warrant for your arrest under the New Jersey Rules of Court 7:8-9 and 7:8-9A.
For certain cases related to public safety, a bench warrant can be issued simultaneously with a rescheduling, such as if the alleged crime involves driving under the influence or domestic violence. Depending on the alleged crime and its seriousness, you can also be charged a monetary fine of up to $100.
Other consequences can include a loss of driving privileges upon notification to the New Jersey Motor Vehicle Commission, such as obtaining or renewing a driver’s license. The case can be suspended or closed until you or your attorney appears to reopen it and seek the reinstitution of driving privileges.
These rules allow a court to coerce you into showing up and can cost you time and freedom, which is why consulting with a Newark attorney could be invaluable if you have failed to appear.
Seeking the assistance of a defense lawyer could help you avoid the worst consequences of failing to appear while enabling you to defend your case. An attorney could aid in showing that you should not be punished if you miss a court date.
Real emergencies can occur that prevent you from making it to the courthouse when scheduled, and your lawyer could argue that a particular set of circumstances constitutes such an emergency. Ordinary causes, such as running late or sitting in gridlock traffic, usually will not excuse you, but other situations can. For example, an injury requiring immediate medical attention that is physically stopping you from reaching the courthouse might be serious enough for the judge to be understanding, within their discretion.
You might also need the help of a legal professional in Newark to remain free as your case moves forward, given that a failure to appear along the way could convince a judge that you need to be held in custody during proceedings. The prosecutor can request that you be detained to ensure that you are present for trial, but your attorney could push back on their arguments and assure the judge that you can and will show up in the future.
You may not realize the importance of making your court dates until it is too late, and at that point, you may need the assistance of a lawyer to stay out of custody after failing to appear and as you approach trial.
A Newark failure to appear lawyer could help defend your case. Give our firm a call and schedule a consultation today.
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