After indictment, prior to leaving a court notice is prepared setting forth the next date, the court room, the judge and time to appear. The notice is signed by defendant. The notice states
A FAILURE TO APPEAR ON THE DATE AND TIME SPECIFIED HEREIN WILL RESULT IN
THE ISSUANCE OF A BENCH WARRANT AND THE FORFEITURE OF BAIL.
If the defendant was served with the trial notice, the judge may direct that the trial start , relying on R. 3:16(b), which states that a defendants unjustified absence may be found to be a waiver of the right to be present at trial only if defendant received actual notice in court of the trial date or if the trial commenced in defendants presence. See State v. Whaley, ____ N.J. ____, 2001 WL 641090 (2001
Bail
A bail filing fee of $50.00 is required when bail is posted regardless of the type of bail required. Bail monies may be refunded by the Finance Division after the defendant is: 1) sentenced; 2) completed Pre-Trial Intervention; or 3) the case is dismissed. Failure to appear for any scheduled court appearances will result in a bench warrant being issued for the defendants arrest and the forfeiture of bail.
Rule 3:9-1. If defendant does not appear for If a defendant does not appear for a conference, a bench warrant may be issued
Rule 3:9-1. Prearraignment Conference; Meet and Confer; Plea Offer; Arraignment/Status Conference; Pretrial Hearings; Pretrial Conference
(a) Prearraignment Conference. After an indictment has been returned, or an indictment sealed pursuant to R. 3:6-8 has been unsealed, a copy of the indictment, together with the discovery provided for in R. 3:13-3(b)(1) for each defendant named therein, shall be either delivered to the criminal division managers office, or be available through the prosecutors office, within seven days of the return or unsealing of the indictment. After the return or unsealing of the indictment the defendant shall be notified in writing by the criminal division managers office to appear for a pre arraignment conference which shall occur within 21 days of indictment. At the pre arraignment conference the defendant shall be: informed of the charges; notified in writing of the date, place and time for the arraignment/status conference; and, if the defendant so requests, be allowed to apply for pretrial intervention. The criminal division managers office shall not otherwise advise the defendant regarding the case. The criminal division managers office shall ascertain whether the defendant is represented by counsel and, if not, whether the defendant can afford counsel. If indicated that the defendant cannot afford counsel, the defendant shall be required to fill out the Uniform Defendant Intake Report. If a defendant does not appear for a conference, the criminal division manager shall notify the criminal presiding judge who may issue a bench warrant. No conference shall be required where the defendant has counsel and the criminal division managers office has established to its satisfaction: (1) that an appearance has been filed under Rule 3:8-1; (2) that if the defendant is represented by the public defender discovery has been obtained, or if the defendant has retained private counsel, discovery has been requested pursuant to R. 3:13-3(b)(1), or counsel has affirmatively stated that discovery will not be requested, and (3) that defendant and counsel have obtained a date, place and time for the arraignment/status conference.
