2C:104-4. Arrest with warrant
2C:104-4 Arrest With Warrant.
a. If there is clear and convincing evidence that the person named in the application will not be available as a witness unless immediately arrested, the judge may issue an arrest warrant. The arrest warrant shall require that the person be brought before the court immediately after arrest. If the arrest does not take place during regular court hours, the person shall be brought to the emergency-duty Superior Court judge.
b. The judge shall inform the person of:
(1) the reason for arrest;
(2) the time and place of the hearing to determine whether the person is a material witness; and
(3) the right to an attorney and to have an attorney appointed if the person cannot afford one.
c. The judge shall set conditions for release, or if there is clear and convincing evidence that the person will not be available as a witness unless confined, the judge may order the person confined until the material witness hearing which shall take place within 48 hours of the arrest.
Source: 2A:162-2.
L.1994,c.126,s.4.
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Last modified: October 11, 2016