How Long Is That Warrant Going To Be Outstanding?
Q. I was wondering what the statute of limitations is on a Misdemeanor "writing a bad check" outstanding warrant from the state of New Jersey?
A. I just want to make sure I've got the question right. As I understand it, your question isn't about the statute on the offense of writing a bad check itself, but on a warrant issued for writing a bad check. By that, I assume you mean that you were either charged with or arrested for writing a bad check and failed to appear in court when they told you do. Needless to say, this is not a good thing. Judges tend to like it when you show up when you're supposed to, and they tend to get ticked off if you don't. As a result, when you decided not to show up, the judge probably issued a bench warrant for your arrest, and I'm guessing that this is what you're really asking me about.
As a general rule, a bench warrant does not expire. A judge ordinarily has to vacate it to make it go away. Once issued, the warrant get entered into the state's computers, and, usually, into the national database. That's what the cops are checking when they pull you over, by the way. Even before they step out of the car after they stop you, they've already run your license plate to see who owns the car and if the owner has any outstanding warrants. An outstanding warrant, even when you're pulled over for a traffic violation, by itself, is enough to hold you overnight until you can post bail on the warrant. Now, the court that issued the warrant will probably not try to actively enforce the warrant by looking for you, but it's in the system, and it's bound to catch up with you.
There's no way to know if the warrant will ever rise up and bite you in the butt. It might not show up, ever, or it could pop up when the police come to investigate the little fender-bender at the light, where someone hits you from behind. To me, it's not worth living with that kind of pressure hanging over your head.
You say it's a "misdemeanor" bad check. By that, I assume that you mean it is for a minimal amount, something under $200. Your best bet might be to contact the prosecutor in the town where the offense took place and work out a deal to pay the fine, pay off the check, and enter a plea in conjunction with vacating the warrant.
By the way, if you're really asking about when the statute expires for prosecuting the underlying charge for writing a bad check, your failure to appear essentially stops the clock from running on the time within which the State must prosecute you. Pretending it didn't happen doesn't make it go away; it just delays the inevitable.
Finally, if you have any doubts about your ability to handle this on your own, I urge you to contact an attorney and set out the facts for him or her. He or she may be able to help you resolve the matter with minimal exposure to fines and jail-time (depending on the amount of the check, and the length of time the
warrant has been outstanding.)
Good luck.
David Kendall
A. I just want to make sure I've got the question right. As I understand it, your question isn't about the statute on the offense of writing a bad check itself, but on a warrant issued for writing a bad check. By that, I assume you mean that you were either charged with or arrested for writing a bad check and failed to appear in court when they told you do. Needless to say, this is not a good thing. Judges tend to like it when you show up when you're supposed to, and they tend to get ticked off if you don't. As a result, when you decided not to show up, the judge probably issued a bench warrant for your arrest, and I'm guessing that this is what you're really asking me about.
As a general rule, a bench warrant does not expire. A judge ordinarily has to vacate it to make it go away. Once issued, the warrant get entered into the state's computers, and, usually, into the national database. That's what the cops are checking when they pull you over, by the way. Even before they step out of the car after they stop you, they've already run your license plate to see who owns the car and if the owner has any outstanding warrants. An outstanding warrant, even when you're pulled over for a traffic violation, by itself, is enough to hold you overnight until you can post bail on the warrant. Now, the court that issued the warrant will probably not try to actively enforce the warrant by looking for you, but it's in the system, and it's bound to catch up with you.
There's no way to know if the warrant will ever rise up and bite you in the butt. It might not show up, ever, or it could pop up when the police come to investigate the little fender-bender at the light, where someone hits you from behind. To me, it's not worth living with that kind of pressure hanging over your head.
You say it's a "misdemeanor" bad check. By that, I assume that you mean it is for a minimal amount, something under $200. Your best bet might be to contact the prosecutor in the town where the offense took place and work out a deal to pay the fine, pay off the check, and enter a plea in conjunction with vacating the warrant.
By the way, if you're really asking about when the statute expires for prosecuting the underlying charge for writing a bad check, your failure to appear essentially stops the clock from running on the time within which the State must prosecute you. Pretending it didn't happen doesn't make it go away; it just delays the inevitable.
Finally, if you have any doubts about your ability to handle this on your own, I urge you to contact an attorney and set out the facts for him or her. He or she may be able to help you resolve the matter with minimal exposure to fines and jail-time (depending on the amount of the check, and the length of time the
warrant has been outstanding.)
Good luck.
David Kendall
posted by David Kendall at
12:12 AM
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