Discovering that there’s a warrant against you is one of the most shocking experiences you can have in life. If this has happened to you or a loved one, it’s very important to know the difference between bench and arrest warrants in Middlesex County NJ.

As a New Jersey criminal defense lawyer with 25+ years of experience defending clients, I know how difficult it is for you to keep your stress under control right now. Try to remember that you have options and rights—including the right to an attorney.

I put together this guide on warrants in Middlesex County to help you understand these facts, plus inform you of exactly what to expect in this situation. If you or a loved one believes a warrant has been issued against you, contact me now at (732) 246-0888 for your free consultation.

Understanding the Types of Warrants in Middlesex County

You’re likely somewhat familiar with the concept of an arrest warrant. In Middlesex County, an arrest warrant gives police the power to arrest you, even though you won’t necessarily be at the ‘scene of the crime’.

Once an arrest warrant is issued against you in Middlesex County, NJ, the police have the right to locate you, arrest you, and bring you into police custody.

Bench warrants, on the other hand, aren’t tied to an alleged crime. These are most commonly issued when you ignore or fail to comply with a court order, such as not appearing for a court date or violating your probation terms.

When a bench warrant is brought against you, it gives law enforcement officials the right to locate you, arrest you, and bring you before the court.

Legal Procedures and Your Rights

When the facts and circumstances of the case would cause a prudent, reasonable person to believe you could’ve committed the offense, an arrest warrant can be brought against you.

Depending on the seriousness of the crime, this happens in one of two ways. For disorderly persons offenses, a police officer or prosecutor must present evidence before a judge or magistrate, who then makes the final decision.

For indictable offenses, it’s more common for the facts and evidence to be presented before a Grand Jury. They can issue an indictment, which then leads to the arrest warrant being filed.

Bench warrants are also issued by a judge, but that’s one of the only similarities. Once you’ve filed to comply with a court order, one can be brought against you. There aren’t any probable cause requirements like there are with arrest warrants. Issuing the bench warrant is fully at the judge’s discretion.

How Warrants are Enforced and Executed in Middlesex County

With both bench and arrest warrants in Middlesex County NJ, there are specific processes that law enforcement officials must follow. And in both cases, there are two separate stages to be aware of: enforcement and execution.

Here’s how arrest warrants are enforced:

All arrest warrants are entered into local, state, and nationwide databases. Law enforcement agencies, from local police to state police, keep an eye out for the individuals listed.
Police will sometimes actively search by checking your workplace, residence, and other places you’re known to frequent.
During traffic stops and routine checks, police officers run background checks. This allows them to discover the warrant and arrest the individual right then and there.
Law enforcement may work with other agencies to extradite you and bring you back to the jurisdiction where the alleged offense occurred.
Police may also issue public alerts or request community assistance to locate people with outstanding warrants.

Whereas bench warrants are enforced in these ways:

As with arrest warrants, police can check for warrants against you during traffic stops and routine checks.
Scheduled sweeps may be carried out. This can involve multiple agencies coordinating to target individuals with bench warrants against them.
If you attend a court appearance and have a bench warrant issued in your name, you can be arrested on the spot.
If you’re under probation, your parole officer may check at any time for warrants against you. If they find one, they’ll work with the police to arrange your arrest.

As for execution, the process for arrest warrants is:

Police have the right to locate you through any of the enforcement means listed above. Once located, you will be arrested.
The police must inform you of why you’re being arrested and show you the warrant if you ask to see it.
You’re taken into police custody and will have a preliminary hearing before a judge, normally within 48 hours.
The judge then decides whether you’ll remain in custody until your trial or be released by assessing if you’re a threat to public safety.

Finally, here’s how bench warrants are executed in Middlesex County:

Police have the right to locate you through any of the enforcement means listed above. Once located, you will be arrested.
You’re then brought before a judge. In most cases, it’ll be the judge who issued the warrant. You must be informed of the reason for your arrest at this point.
The judge will decide whether to keep you in custody, impose fines, or take other actions to ensure you comply with court orders moving forward.

How a Middlesex County NJ Criminal Defense Lawyer Can Help

When you choose an experienced, matter-of-fact Middlesex County criminal defense lawyer like me, my focus is on protecting your rights and your freedom—no matter the details of your case.

First, I’ll look at the evidence against you and the reason for the warrant. Once I’ve verified it and explained what you’re up against, we’ll start putting together a defense strategy to fight the warrant.

I also take the time to speak with the prosecutor, law enforcement official, and even the judge to negotiate the terms. Even if the warrant is valid, we can arrange for you to move forward in a controlled, dignified manner.

No matter what path is ultimately best for your case, I’ll be by your side and advocating on your behalf every step of the way. If you suspect you may be facing bench or arrest warrants in Middlesex County NJ, call me today at (732) 246-0888 for your free case consultation.

FAQs About Bench and Arrest Warrants in Middlesex County NJ

How can one find out if they have a bench or arrest warrant in Middlesex County?

The simplest way to find out if you have a bench or arrest warrant in Middlesex County is by contacting the local sheriff’s office and asking them. While this might sound like asking for trouble, you have to remember that you can’t hide from a warrant.

The only way to resolve it is by becoming aware of the warrant and working with a skilled NJ criminal defense attorney who can protect your rights while fighting for your freedom.

Are there any defenses against a bench warrant?

Yes, there are a few potential defenses against a bench warrant that may help your case:

Lack of proper notice – If you weren’t properly served with court paperwork or it was sent to the wrong address, this may be a viable defense
Legitimate emergency – If you had a major medical issue, were hospitalized, or dealing with another serious emergency, the judge may be more understanding
Attempt to notify – If you can show that you made a real effort to notify the court of your inability to appear, this can be beneficial
Mistake or error – If the court miscommunicated the original hearing date or erroneously issued a bench warrant against you, your lawyer can use this as a defense

What should someone do if they have an arrest warrant against them?

If you have an arrest warrant against you in Middlesex County NJ, I advise you to do the following:

Verify the existence of the warrant by contacting the Sheriff’s office, the court clerk’s office, or through a verified online database
Immediately consult with an experienced attorney like myself to help you understand your rights and options
Once your attorney has agreed to terms with law enforcement, follow the plan as you continue to work on your defense strategy

Bench and arrest warrants in Middlesex County NJ aren’t something that will eventually disappear if you ignore them. To protect your rights and your future, you need to go through the legal process. To get started, contact me now at (732) 246-0888 for your free case evaluation.