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kings_county · May 17, 2008, 09:02 AM

Hello.
I was given a year probation for simple assault (disorderly person) in NJ and was recently issued a ticket for simple assault (municipal ct.) for a scuffle with a friend. A nearby cop issued the ticket and the 'victim' is in no way interested in pursuing prosecution. I called a lawyer for a consult and was told that this was a violation, which I understand. He told me I would receive a court date and probation would know I violated. 10 days later, probation left me a message saying that if I didn't call them, I'd have to go back to court. I've been calling incessantly and getting no responses to my requests for a call back. I have 2 questions: all of this is disorderly persons; since I don't even come from this state (I'm from NY), will a warrant be fugitive or bench? Also, does anyone have a notion of what to expect generally (and will they be waiting for me at my next muni ct. appearance)? Sorry this is so long. Thanks in advance!

Fr_Chuck · May 17, 2008, 09:25 AM

First go and report to your PO and official report the event. Just the getting the ticket will be grounds for violating, but if you talk to them, they may wait and see if the case is droped or not, but since it is the same type of crime they may violate your probation anyway.

If they violate your probatoin there will be a probation violation warrant issued ( different names in different places) and you will be returned to that court to see if instead of probation they want you to serve jail or prison time.

And a warrant is a warrant and you will be stopped in NY and taken back to NJ ( they are too close together, so they will almost for sure take you back) if this was in California and you are in NJ they may not want to pay to bring you back

kings_county · May 17, 2008, 11:44 AM

Thanks, Fr. I am curious for this reason though. I was arrested in NY a while back for this original offense and told that the reason they executed a fugitive warrant was that a grand jury elevated the offense to a 2nd degree crime (ag. Assault). It was later amended to a disorderly person. Prior to the grand jury elevating that charge from DP to felony, I was stopped on simple tickets in NY twice (feet on the subway seat, open bottle of wine on a picnic in central park) and my license came back clean. All of this seemed to change when it went to a felony. Next thing you know- warrant squad. Is this because of the degree of crime? Thanks for your earlier response; that was awfully quick!

Fr_Chuck · May 17, 2008, 12:16 PM

It may be there did not list the other warrant on the NCIC network, or when you were stopped they did not do a full NCIC search,
But a probation violaton warrant will go nation wide.

kings_county · May 19, 2008, 09:34 AM

Thanks again, Fr_ Chuck. Perhaps one last ear bend? If I go back to NY, I will be able to work and save money for defense and bail. As it is, I am essentially indigent. For felony warrants, the NY/NJ regional fugitive task force is given the warrant to execute. They actually look for you and come get you. Do you think this is the case for the Disorderly persons? That is my quandry. If I just had a little while longer to save and work, I would be in a better place to defend myself. Oh, woe is I...