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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 ?

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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.


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.

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Is there any off chance that a rescinded (non-active) Failure to Appear traffic warrant would appear on a state/federal NCIC background check ?