What is the difference between a Warrant Complaint and a Summons Complaint in New Jersey- Why does it matter?
Our criminal defense law firm represents individual charged with a variety of crimes and offenses in New Jersey. In New Jersey, charges are initiated as a Complaint Summons or a Complaint-Warrant; these warrants are very different and it is very important to understand the difference.
What is a Complaint-Warrant in New Jersey?
When a Complaint-Warrant is issued the individual must arrest that person and take him or her into custody. The person will be held in the County jail for up to 48 hours. During that period pre-Trial services will prepare a recommendation to the Court as to the appropriate conditions of pre-Trial release and the level of monitoring the Court should impose at the time of the defendant’s first appearance. During this time, the Prosecutor can file a motion to detain the individual prior to trial. If the Court grants the detention motion, the person will be held until trial, without bail, unless an appeal is filed to contest this initial detention decision.
Under the current Attorney General’s directive, a defendant should not be charged by complaint-warrant if some release condition or conditions are appropriate to ensure that he or she is not a risk of flight, a danger to the community, witnesses or the victim.
The person should also not be charged by Complaint-Warrant if there is no evidence to suggest the individual will obstruct the criminal justice process. In other words, if the Judge or authorized judicial officer believes the State would not object to the defendant being released on personal recognizance, a complaint summons is appropriate.
What is a Summons-Complaint in New Jersey?
A complaint-summons does not require the police to arrest the defendant and take him or her to the County jail and detain the for up 48 hours. A complaint-summons is more appropriate when the facts known at the time of the charging decision indicate that the defendant requires no monitoring or minimum monitoring upon release. A complaint-warrant in contrast however is sought when the defendant poses a risk of flight, new criminal activity or violence or a threat to the justice system or process.
Warrants in New Jersey are sometimes based on criminal charge
Domestic Violence & Complaint-Warrants
In the case of a domestic violence allegation a Complaint-Warrant is only sought where restraint is necessary to ensure the immediate protection of the victim.
Crimes of Violence & Complaint-Warrants in New Jersey
A Complaint-Warrant is required if a person is charged with any of the following:
- Murder
- Kidnapping
- Aggravated manslaughter
- Manslaughter
- Robbery
- Aggravated sexual assault
- Aggravated assault in the 2nd degree
- Aggravated arson
- Burglary
- Any first or second-degree crime involving the possession or use of a firearm
- Any first or second-degree crime involving illegal drugs or narcotics
Other Reasons for a Complaint-Warrant in New Jersey
A Complaint-Warrant may be required when a person was served with a Summons-Complaint and failed to appear in Court. In addition, if the Warrant Determining authority (Judge, Deputy Clerk, or Municipal Court Administrator) believes the defendant is dangerous and presents a threat to himself, others, or property.
What to do if you have a Warrant in New Jersey
If you or a friend is charged with a crime or offense in New Jersey, contact our criminal defense law firm today to discuss your case. You should never contact police directly if you are charged with a crime and a Complaint-Warrant or Summons-Warrants is issued for you. You should always hire an attorney to represent you in these proceedings.
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