Finding details on arrest records and outstanding warrants from New Jersey They are merely meant to allow peace officers to gain entry into a private property and to search it. However, these orders are not issued for the detention or the appearance of a person. Search warrants like bench warrants have to be based on the proving of probable cause in court. These orders are typically issued against fugitives and any person who has escaped from the law or has not obeyed a court directive. As mentioned earlier, bench warrants do not have to be based on an examination filed by an affiant. However, these directives are not meant to order a court appearance, they work just like arrest warrants, serving as command to the local law enforcement to detain a person. Subpoenas are issued by the court of its own accord, the same also holds true for bench warrants. These orders are also similar to bench warrants when their processes of issuance are compared. Both these judicial orders are meant to command a person to appear in court. An arrest warrant is also considered to be the right legal option in cases where the address of the defendant is unknown Other legal processes that resemble outstanding warrants and summonsesĪ subpoena most closely resembles a summons in terms of its intended purpose. A magistrate may forego the formality of releasing a summons as a preliminary measure to get the defendant to appear before the tribunal if this individual poses a danger to himself or others or if there is already an outstanding warrant in his name. Otherwise, an arrest order is released only when a summons cannot be executed or if the person it has been served to fails to obey the court directive. It is likely that a summons will be issued in lieu of a warrant, unless the crime that the accused is being held accountable for is heinous in nature like homicide, aggravated manslaughter, abduction, sexual assault, robbery, second degree aggravated assault, arson and burglary, etc.Īctive warrants for arrests are issued in such situations.A summons also has to be issued on the grounds of probable cause which should be established by the judicial authority presiding over session.The judge, clerk of court or magistrate can issue a summons instead of a warrant for arrest in the following scenarios Not only will this information have to be brought before the bench but also it should be adequate to convince the magistrate.Ī summons instead of an arrest warrant and vice versa The affidavit in question has information that will clarify why the police consider a specific incident to be a crime and details on why the person in question is under suspect for committing the said act.The judge or the magistrate of a municipal court, the clerk of courtor deputy administrator of a municipal court find that the petition filed for the warrant and any supporting depositions and affidavits set forth enough evidence to find probable cause for suspecting the accused.Section 3.3-1 deals with the issue of these legal processes and it states that a warrant can be released in response to an examination filed in writing with a tribunal only if: To find out more about the laws followed when making a determination on whether a summons or an arrest warrant should be issued in the name of a person against whom a complaint is being lodged, you will need to go through rule 3.3 of the New Jersey Criminal Code.
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