Failure to appear for criminal hearings and trials
will usually result in a bench warrant
After indictment, prior to leaving a court notice is
prepared setting forth the next date, the court room, the judge and time to appear. The notice is
signed by defendant. The notice states”
“A FAILURE TO
APPEAR ON THE DATE AND TIME SPECIFIED HEREIN WILL RESULT IN
THE ISSUANCE OF A BENCH WARRANT AND THE FORFEITURE OF
BAIL.”
If the defendant was served with the trial notice, the
judge may direct that the trial start , relying on R. 3:16(b), which
states that a defendant’s unjustified absence may be found to be a waiver of
the right to be present at trial only if defendant received actual notice in
court of the trial date or if the trial commenced in defendant’s presence. See State
v. Whaley, ____ N.J. ____, 2001 WL 641090 (2001
Bail
A bail filing fee of $50.00 is required
when bail is posted regardless of the type of bail required. Bail monies may be
refunded by the Finance Division after the defendant is: 1) sentenced; 2)
completed Pre-Trial Intervention; or 3) the case is dismissed. Failure to
appear for any scheduled court appearances will result in a bench warrant being
issued for the defendant’s arrest and the forfeiture of bail.
Rule 3:9-1.
If defendant does not appear for If a
defendant does not appear for a conference, a bench warrant may be issued
Rule 3:9-1.
Prearraignment Conference; Meet and Confer; Plea Offer; Arraignment/Status
Conference; Pretrial Hearings; Pretrial Conference
(a)
Prearraignment
Conference. After an indictment has
been returned, or an indictment sealed pursuant to R. 3:6-8
has been unsealed, a copy of the indictment, together with the discovery
provided for in R. 3:13-3(b)(1) for each defendant named therein, shall be
either delivered to the criminal division manager's office, or be available
through the prosecutor's office, within seven days of the return or unsealing
of the indictment. After the return or unsealing of the indictment the
defendant shall be notified in writing by the criminal division manager's
office to appear for a pre arraignment conference which shall occur within 21
days of indictment. At the pre arraignment conference the defendant shall
be: informed of the charges; notified in writing of the date, place and time
for the arraignment/status conference; and, if the defendant so requests, be
allowed to apply for pretrial intervention. The criminal division manager's
office shall not otherwise advise the defendant regarding the case. The criminal
division manager's office shall ascertain whether the defendant is represented
by counsel and, if not, whether the defendant can afford counsel. If
indicated that the defendant cannot afford counsel, the defendant shall be
required to fill out the Uniform Defendant Intake Report. If a defendant
does not appear for a conference, the criminal division manager shall notify
the criminal presiding judge who may issue a bench warrant. No conference
shall be required where the defendant has counsel and the criminal division
manager's office has established to its satisfaction: (1) that an appearance
has been filed under Rule 3:8-1;
(2) that if the defendant is represented by the public defender discovery has
been obtained, or if the defendant has retained private counsel, discovery has
been requested pursuant to R. 3:13-3(b)(1), or counsel has affirmatively stated
that discovery will not be requested, and (3) that defendant and counsel have
obtained a date, place and time for the arraignment/status conference.