Municipal Courts in the State
of New Jersey are local Courts established by towns and cities
throughout the state. A Municipal Court Judge presides over each Court
with a Municipal Prosecutor representing the State of New Jersey.
Municipal Courts of New Jersey for the most part hear and adjudicate
cases involving Motor Vehicle Offenses and certain Criminal Offenses.
A case comes before a Municipal Court by the signing of a Complaint.
The Complainant (either a private person or a police officer) signs
the Complaint accusing another person (known as the Defendant) of a
violation of a Motor Vehicle Offense or certain Criminal Offense.
To help you understand the New Jersey Municipal Court process, please review the following topics
below:
Traffic
Offenses
Criminal
Offenses
Know
Your Rights
What
happens during a trial?
What
are the possible penalties?
New Jersey
County Municipal Courts
Traffic Offenses
Attorney John F. Renner is an
experienced New Jersey municipal court lawyer defending in and out-of-state
motorists accused of traffic offenses. Municipal Courts in New Jersey
have statutory authority to hear and adjudicate all allegations of
violations of the Motor Vehicle laws. Guilty verdicts for Motor
Vehicle violations may result in license suspension, fines, community
service, increases in automobile insurance rates, subject the driver
to potential civil liability and may require payments of surcharges to
the Division of Motor Vehicles. Some Motor Vehicle violations even
require mandatory jail sentences. John F. Renner, Esquire provides
knowledgeable and aggressive legal counsel to defend against an
alleged Motor Vehicle violation.
Criminal Offenses
Attorney John
F. Renner provides legal counsel to defend against a
disorderly person or petty disorderly person accusation in the
Municipal Courts of New Jersey. Municipal Courts in New Jersey have
statutory authority to hear and adjudicate disorderly person and petty
disorderly person offenses. A conviction can have serious consequences
including a potential jail sentence and fine. Any charge of a
disorderly persons or petty disorderly persons offense requires an
aggressive defense. The Supreme Court of New Jersey has recognized
John F. Renner as a Certified Criminal Trial Attorney based upon
demonstrated proficiency in the field of criminal defense.
Your Rights
For all cases in the
Municipal Courts of New Jersey, you have the following rights:
1) The right to know the accusation against you;
2) The right to remain silent concerning your
accusation (remember, anything you do say may be used against you);
3) The right to retain an attorney of your choice;
4) The right to a reasonable postponement to retain an
attorney and prepare your defense which includes the right to subpoena
witnesses on your behalf for trial;
5) The right to testify or not testify on your behalf
and a decision not to testify cannot be used against you; and
6) The right to a trial before a Municipal Court Judge
with the right to cross examine witnesses against you and present a
defense on your behalf.
What Happens During a Trial?
There are no jury trials in the Municipal Court. On the trial date,
the Judge will take testimony from all witnesses under oath. You must
have your witnesses present in court on the day of trial. If they will
not come to court voluntarily, you may ask the court administrator to
provide you with subpoenas to require them to appear in Court. Written
statements of witnesses are not allowed to be presented -- the person
must appear in court. Witnesses may be asked to stay outside the
courtroom until it is their turn to testify. First, the Prosecutor
calls each of the State's witnesses and asks them questions. The
defendant or if represented, his or her lawyer will have a chance to
ask them questions about what was testified to (cross-examination).
After the prosecutor has called all of the State's witnesses, the
defendant will have an opportunity to make a statement under oath (to
testify) on his or her own behalf and to call witnesses. A defendant
has a constitutional right to remain silent. It is up to the
prosecution to prove the case beyond a reasonable doubt. If the
defendant does testify, the Prosecutor can ask questions of the
defendant and of his or her other witnesses.
When all the witnesses have testified, the defendant or his or her
lawyer may tell the judge why the case was not proven against the
defendant.
The Judge, after hearing all the testimony and witnesses, will make
the decision whether the case has been proven beyond a reasonable
doubt. If the Judge finds the defendant Not Guilty, the case is
over.
If the Judge finds the defendant Guilty, the Judge will
sentence the defendant.
What Are the Possible Penalties?
Fines:
The Judge must follow the law in deciding the amount of any find
imposed. Sometimes there are minimum penalties and mandatory
assessmesnts that must be imposed by law. Fines are expected to be
paid at the time they are imposed.
The Judge may allow the fine to be paid in installments if the Judge
is satisfied that payment cannot be made in full. You may apply for
time payments by filling out a form. The Judge will then make a
decision about your payment arrangements. You will sign a court order
that will explain the terms of your payments. Failure to comply with
this order can result in a warrant for your arrest and/or suspension
of your driving privileges.
Jail:
The maximum jail term that can be imposed for an offense heard in the
municipal court is six months. The sentence is served at the County
Jail. The Judge may allow a defendant to serve the sentence on
weekends. Work release is coordinated through the jail's Work Release
Administrator. Juveniles sentenced to jail by the municipal court
serve their sentence at the County's Juvenile Detention Facility.
License Suspension:
Many offenses require suspensions for a minimum period. You can't
drive for any reason until the period of suspension ends, you have
paid your restoration fee, and have areceived written notification
from the New Jersey Motor Vehicle Commission that your driving
privileges have been restored. If your license has been suspended for
failure to appear, pay fines, or comply with a condition of your
sentence, it generally will not be restored until your case is
completed. Conditional or special work licenses are not allowed in New
Jersey .
Intoxicated Driver Resource Center (IDRC)
If convicted of DWI or refusal to take a breathalyzer, the court must
order attendance at the Intoxicated Driver Resource Center, where the
defendant must satisfy the screening, evaluation, referral, program
and fee requirements. Failure to comply with the IDRC guidelines will
result in further court action.
Community Service:
By law, the Judge must order community service for certain traffic
offenses and may order community service for a criminal conviction.
The defendant must work for a municipality or non-profit organization
for a certain period of time, without compensation. Failure to perform
community service may result in the case being returned to court. Some
community service sentences are supervised by the Probation Division
of the Superior Court.
Other Related Penalties:
In addition to penalties imposed by the court for traffic violations,
defendants may also receive points on their driving records, auto
insurance surcharges, or may be required to pay restoration and
administrative fees. Out of state motorists should check with their
state's Motor Vehicle Agency regarding the impact of a New Jersey
traffic violation on their driving privileges.
