Is jail time a given in a Bench warrant if you turn yourself in?

Asked over 4 years ago - Trenton, NJ

The charges are Aggravated Assault with a deadly weapon with intent. The person charged was the one hit first and was also hit with a baseball bat by other person involved and hospitalized. Person charged did not go to first court date and now has a bench warrant out for them. If they turn them self in what is the worse possible scenario of a sentence?

Attorney answers (3)

  1. Elliot S Stomel

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    2

    Answered . A bench warrant does not automatically carry with it "jail time." Your failure to appear in Court as ordered is "contempt of court" and will probably not be discussed until the conclusion of the case for the purpose of determining whether your non-appearance should result in any additional penalties. I suggest that you or a family member contact the Court to inquire whether any bail has been set. If so, you will have the advantage of knowing in advance how much money you will need as a result of your failure to appear. Get the money together, and give it to a family friend or close friend you trust. Then, voluntarily turn yourself in to the police. If someone comes to the jail immediately with the required bail money, you will probably be "processed" in and out immediately. Sometimes, bail is not set until after you are arrested. In any event, you should contact an attorney who is knowledgeable in the area of criminal law. The attorney may have suggestions on how to expedite the process.

  2. Adam S Malamut

    Pro

    Contributor Level 10

    Answered . I agree with Mr. Stomel's answer. I recommend the individual turn him/herself in. The worst case scenario is that a new/higher bail will be set, which he/she will have to post before being released.

    Best of luck!

    Adam S. Malamut, Esq.
    www.LMSLAW3.com
    877-LMS-LAW3

  3. Michael Douglas Shafer

    Contributor Level 20

    Answered . Not necessarily. Prior criminal record?

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