FAILURE TO APPEAR / PAY

Failure to Appear in Court/ Pay Fine

• All summonses, whether traffic, criminal or ordinance violations, must be answered either by payment or a personal appearance in court. If a person fails to respond by the date shown on the summons, the court must take further action.

• If the violation charged is payable, a "Failure to Appear" notice is sent to the defendant. An additional $10 penalty is assessed and the defendant is warned that their driving privileges may be suspended in New Jersey and 40-plus other states if payment is not received by the date shown on the notice.

• Failure to appear in court, not paying fines, or not complying with other sentencing may result in:
  • Additional fines.
  • Suspension of driver’s license.
  • Arrest and jail time.

Bench Warrant/ Bail

• A warrant is an order by the Judge to Law Enforcement authorities to arrest an individual and bring him/her to court. Warrants are ordered when an individual fails to answer a summons, or in the case of a failure to comply with a court order (i.e. payment of fines or conditions that are imposed as part of sentencing). 

• The bail amount is set by the Judge when a warrant is ordered. Bail is money deposited with the court in order to obtain the temporary release of the defendant. The purpose of bail is not to punish, but to assure a defendant's appearance in court at all stages of the case until its final disposition. Bail can be posted by the defendant or a surety, i.e., someone other than the defendant, or a corporate surety (bondsman).

• Bail can be posted in the form of cash, check or bond. Other types of bail are Released on his/her Own Recognizance (ROR) or a 10% bail option, which is the prerogative of the Judge. A defendant's failure to appear will result in the forfeiture of bail/bond and the issuance of a new warrant.

• At the disposition of the case, bail posted in the form of cash can be applied to penalties with the authorization of the surety. If the use of bail money is not authorized, it is returned to the surety.