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What is the legal personality of R. 7:8-9 Failure to Appear under New Jersey Law ?

South Plainfield, NJ |

State Law is quite fuzzy on the legal personality of Failure to Appear in NJ. Its not criminal, in and of itself, because its not codified by a statute. You're never convicted of failure to appear, but yet a warrant is issued for your arrest... even though it doesnt go on your official nj criminal abstract... what is the legal personality of NJ R.7:8-9 Failure to Appear ?

Attorney Answers 2


  1. Best answer

    If you fail to appear in court, the judge may issue a failure to appear notice giving you another chance to attend court without receiving a bench warrant. It is simply a notice. A bench warrant is an arrest warrant issued by a judge, usually when someone fails to appear in court. It results in bail being set for the original charge to ensure that when the person is apprehended that the person gets to court with the help of the jail or bail. When the person appears in court, the judge might find the person in contempt and impose a fine for contempt, but it is not a separate charge.


  2. Legal personality? What exactly are you trying to find out and why? Rule 7 of the NJ Court rules apply to the Municipal Court. Have you failed to appear in Municipal Court when instructed to appear? If you have a question that concerns you then feel free to ask it.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed. I am an attorney licensed to practice in the State of New Jersey. Consult a local attorney if your case arises outside the State of New Jersey. If you found this answer to be HELPFUL then you can vote that this answer was helpful. If you found this answer to be the BEST ANSWER of all those presented, then you can vote that this answer was the best answer presented. Also, please be advised that any response to any comments made by the asker do not create an attonrey client relationship.

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