New Jersey Municipal Court

"Finis Origine Pendet", Roman Poet, Manilus
Translation -- The end depends on the beginning

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

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.

Criminal Offenses

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.

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 assessments 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 sex 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.