(NJ) Is every warrant a mandatory arrest, or are there exceptions?

[vyfxdotcom]

What is the name of your state (only U.S. law)? New Jersey

Long story short, last year I had a bench warrant out for my arrest for missing a court date to contest a $36 ticket. I couldn't make the court date due to a work emergency and realized when I called the court to pay my ticket that a bench warrant was issued for my arrest. I immediately went to the court to pay a "bail waiver" in the amount of $136 and was a free man.

My question is, do police officers have to arrest someone for absolutely every warrant regardless of the amount? I understand warrants for things like murder, child support or robbery are serious and the cop would obviously take the person in.. but what about this warrant? Failure to notify of change of address.. Could they have let me go if I had been stopped? I would imagine the cost involved in arresting me would have far exceeded the $136 owed.

When listening to police scanners I always hear cops ask about the amount of a warrant, but I don't know if they're determining whether it is worth issuing an arrest or if they are just getting the amount for their report..

Any ideas? Thanks.

 

[FlyingRon]

A warrant permits an arrest. It doesn't require it. I wouldn't count on not being arrested.

The amount of the warrant is because the arrestee usually can bail out by paying how much he owes on things like warrants for unpaid tickets. The cop is just doing him a favor by letting him know how much money he needs to bring with him (or have his friend bring).

 

[tranquility]

A warrant permits an arrest. It doesn't require it. I wouldn't count on not being arrested.

The amount of the warrant is because the arrestee usually can bail out by paying how much he owes on things like warrants for unpaid tickets. The cop is just doing him a favor by letting him know how much money he needs to bring with him (or have his friend bring).

I would say a warrant is a court order to bring the named person in front of the judge. It is not mere permission, it is an order.

You are hereby commanded to arrest ______________, at (check one) [ ] any location, [ ] the
address set forth in the annexed order to enforce litigant’s rights between the hours of 7:30 a.m.
and 3:00 p.m. on a day when the court is in session, and bring him or her forthwith before a
Judge of the Superior Court to await the further order of the Court in this matter.
Local police departments are authorized and directed to provide assistance to the officer
executing this warrant.

 

[Ladyback1]

I would say a warrant is a court order to bring the named person in front of the judge. It is not mere permission, it is an order.

However: If the warrant is from another jurisdiction, it depends on whether the other jurisdiction will extradite (pay to extradite) back to the issuing court/jurisdiction. If the issuing jurisdiction will not extradite, then there is no point in arresting the person.
The bond amount and what the warrant is for, can also influence the officer on whether to enforce.
Many bench warrants aren't enforced simply because the jails are overcrowded.


Warrants allow for arrest, but some factors play into whether or not the officer(s) involved actually arrest or not.

I have seen officer let a single dad go on a warrant for failure to pay fines because Dad had his 3 kids in the car with him, and the officer would have had to call in CPS. The officer release him OR (own recognizance) with the explicit warning/caveat if the dad did not appear in court by Monday to deal with all of the issues, then the officer would arrest him and would talk to city attorney about Failure to Appear (FTA).
FTA warrants are seldom negotiable.

 

[CdwJava]

An arrest warrant is a command by a judicial officer (a judge) to take someone into custody. Arguably, it MUST be done.

There are, however, practical and legal issues that might prevent it. For instance, if the county does not accept misdemeanor bookings due to overcrowding, or the warrant is from an outside jurisdiction and cannot be confirmed. But, in general, an officer is not free to choose to ignore the warrant without the potential of repercussions.