Legal Question in Family Law in New Jersey
bench warrant
if a police officer's brother in law has a bench warrant for non-payment of child support, is he obligated to do something about it?
3 Answers from Attorneys
Re: bench warrant
I have read what the other attorneys wrote. As usual, Gary and Jef are right on.
Please, have the brother in law spend the money and hire an attorney. This is going to hurt him a lot if he tries to ignore it. And do NOT put the police officer in the middle; the brother in law's stupidity could hurt the officer, even cause him to be disciplined. So, don't do that.
Get a lawyer. Deal with your mess. If you are in northern New Jersey, call me if you like, I will try to give you a steer.
Re: bench warrant
A police officer must arrest anyone they know has a valid warrant. That's the purpose of the warrant. If you want my advice, I would try to work out a surrender between him and the police department. This way, the officer is removed from the situation.
Bottom line is, you can't give him any special treatment and must treat him like anyone else. If the officer pulls someone over and learns of a warrant, they will arrest the person.
Re: bench warrant
A bench warrant is an order to all law enforcement officers in the State of New Jersey to arrest the person named should he be encountered.
An officer has a legal obligation to arrest anyone he KNOWS is the subject of a bench warrant.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com