Should he never set foot in NJ again?

July 8, 2009 11:48 AM

How can my friend find out about a warrant for his arrest that may be out there and what are the risks of being in/near the issuing state?

A friend of mine was arrested in New Jersey probably five years ago. It was definitely a misdemeanor, I think misdemeanor possession. The court allowed him to avoid jail or other sentencing if he went to rehab, which he did. However, he never followed back up with the state (I think he was supposed to contact the Attorney General’s office though some kind of probation program or something similar) so he believes that there is probably a warrant for his arrest in New Jersey. He recently moved to Pennsylvania and still has a GA driver's license (no warrant showed up when he got that, but I understand that not all states check and not all states keep a warrant bank?).

Questions:
What’s the best way to find out if there is a warrant out for his arrest in New Jersey?

He has been offered a job in New Jersey – termporary-ish finish carpentry. Is going on the books as an employee in NJ likely to trigger an alert to the New Jersey government/police where they would find the warrant? I’m not sure exactly what I mean – perhaps related to being on record paying NJ state income taxes, or being listed as an employee for workers’ comp insurance purposes?

I also understand but wonder what the extent is of the risk of driving to and from NJ everyday, with the possibility of getting pulled over, or even just being in the state - shit happens sometimes.

Thanks for any insight.

posted by anonymous to law & government (11 comments total)

I also understand but wonder what the extent is of the risk of driving to and from NJ everyday, with the possibility of getting pulled over, or even just being in the state - shit happens sometimes.

Well, if he has a warranty in NJ and is pulled over by an NJ cop, then one of the first things they do is run his ID for warrants. When that triggers a match he'll be arrested and taken to jail. That's the extent of that particular risk. Shit definitely happens.
posted by spikeleemajortomdickandharryconnickjrmints at 12:04 PM on July 8

Contact a lawyer right away.
posted by Ironmouth at 12:05 PM on July 8

Speaking from unfortunate personal experience, if he does have a warrant and he is stopped in NJ, they will pull him out of the car, arrest him, cart him away and tow his vehicle. He does not want any of these things to happen. However, I doubt you can call the cops in the town where he was arrested for a chat about potential open warrants.

Also, depending on where he is driving in NJ, the likelihood of him being pulled over for the most minor of infractions while having out of state plates ranges from likely to almost guaranteed.
posted by crankylex at 12:10 PM on July 8

Lawyer -cranklex speaks the truth, and make sure everything is filed correctly. I know someone whom was arrested even with the judgement settled. The warrant apparently never got cleared from the system. And NJ loves pulling over those with out of state plates.
posted by kellyblah at 12:13 PM on July 8

A friend of mine (actually an ex-boyfriend) had an outstanding warrant for his arrest for many many years (more than 10, possibly more than 15) because he never showed up for jail time (sentenced for a non-violent crime). I knew he had a warrant because I checked using a local government website. So you might try the city or county website of where your friend was arrested to see if they have a listing of outstanding warrants.

I asked my friend to turn himself in on several occasions. When he finally did, he served the original jail time and wasn't penalized additionally. He did not contact a lawyer. YMMV
posted by ephemerista at 12:17 PM on July 8

Pity he never followed up at all, because it would have been much easier to fix. His original paper work should specify the default penalty - they're a bit similar to a good behaviour bond or suspended sentence.

He needs to do something about this. He may or may not be offered a chance to complete the original diversion programme or required to undertake a different programme (community service or weekend detention, or just some kind of supervision by a probation and parole officer, for instance) - that would almost certainly be determined by a court, and constrained by the law.

As he completed the rehab, he hasn't been totally non-compliant. It may even be worth contacting them for advice about how to proceed, as this will be a fairly common situation which has arisen before.
posted by Lolie at 12:42 PM on July 8

Your friend might want to check his NJ criminal history via these procedures - specifically the "individual background check" section. However, it looks like he'd have to be fingerprinted...
posted by marginaliana at 12:55 PM on July 8

Um wont being pulled over in any state bring up the warrant?
posted by majortom1981 at 2:17 PM on July 8

Contact a lawyer.
posted by Happydaz at 2:26 PM on July 8

Um wont being pulled over in any state bring up the warrant?

I know someone who had a warrant in a state out west and definitely had gotten pulled over, gotten a driver's license, etc. on the east coast without getting busted on the warrant.
posted by Pax at 6:12 PM on July 8

GET A BACKGROUND CHECK DONE BY INTELIUS!

I'm an HR pro...and would have never even clicked on this had this issue not come up at work recently.

A friend of a worker came in looking for work in the warehouse. I asked him to fill out the forms, and did the background check on intelius (all 50 states).

I found out he had a warrant out for his arrest. I called him up and told him, he took care of it (it was more of an administrative issue). End of story...and he was very appreciative.

Also, he didn't get the job...higher management told me to exercise the part of the application that says "any ommission or false information may lead to termination or denial".

That really did suck for him. So don't lie on those apps.

Good luck.
posted by hal_c_on at 6:28 PM on July 8 [1 favorite]