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Municipal Courts are located throughout the State and each court hears cases that
arise within its Municipality including traffic and minor criminal offense. These courts are where you are most likely to have contact with the New Jersey Court system,
possibly as . a result of being a defendant, a complaining witness, or some other party to a criminal matter. While the charges faced in Municipal Court may sometimes be
minor, the consequences can be high as Municipal Courts are empowered to assess fines, impose custodial sentences, and operate much like the Superior Court with regard to
sentencing.
Superior Courts, one for each County, handle more serious criminal matters or indictable offenses. Superior court sentences and
consequences can be high and include the full range of possible punishments from probation to state prison; sentence also typically include fines and various Court imposed
costs and fees. We accept Superior and Municipal Court cases throughout the Counties of Camden, Burlington, Mercer and Gloucester.
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What types of cases do New Jersey Superior and Municipal Courts hear?
New Jersey Superior Courts handle serious criminal offenses ranging in seriousness from theft just above the Municipal Court level to Robbery, Homicide, etc. Criminal
cases are those in which a defendant stands accused of a serious crime, such as assault , theft, robbery, fraud, or murder. The Superior estimates that approximately 50,000
criminal cases are heard in the Criminal Division of Superior Court each year.
In contrast, New Jersey Municipal Courts hear a wide variety of criminal and quasi-criminal offenses. The most common types of offenses handled by the Municipal Court are
traffic matters, including DUI, and disorderly persons/petty disorderly persons. In New Jersey, disorderly persons/petty disorderly persons are offenses that are similar to
misdemeanors in some other states. Some other types of charges people typically face in Municipal Court include minor drug possession, simple assault, and harassment
Municipal Courts will also typically hear the following matters:
- Arraignment and bail in most more serious crimes which may eventually be handled in the Superior Court
- Fish and Game offenses
- Violations of Municipal Ordinances
- Truancy Violations
Do I need an attorney if I am required to go to criminal Court as a defendant?/Can I represent myself in criminal Court?
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While you are permitted to hire an attorney to represent you in Municipal Court there is no requirement that you have an attorney and you are permitted to represent
yourself. While many matters can be successfully resolved without an attorney, attorneys can sometimes help you analyze the evidence against you more objectively and may be
more familiar with the particulars of Municipal Court practice. This, however, is a personal decision and should be considered carefully because many of the charges faced in
Municipal Court may involve what are referred to as "Consequences of Magnitude." Consequences of Magnitude can include loss or suspension of driving privileges and/or
incarceration. Since there can be serious consequences you should give consideration to hiring an attorney to represent you or at least speak to an attorney about your
circumstances and whether or not having an attorney present would be advisable. Many attorneys offer free consultations and will frequently discuss a case with you briefly
to determine whether or not an attorney's assistance is advisable. If you do try to represent yourself in Municipal Court and run into a problem, depending on the
circumstances, you may be able to request an adjournment of the matter until you can retain an attorney.
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What types of sentences do people face in Superior and Municipal Court?
Municipal Court sentences can include almost all of the same type of penalties handed down in the Superior Court, except that the terms/severity are generally lower at
the Municipal Court level. Sentences imposed by Municipal Courts can include, but are not limited to:
- incarceration
- probation
- monetary fines/penalties
- orders to pay victims losses (restitution)
- driving license suspensions and/or revocations.
Is there the chance I may be able to plead guilty to some lesser charge if I do not want to actually have a trial?
Yes, in both Superior and Municipal Court, there are some instances you or your attorney may be able to make an arrangement with the prosecutor whereby you will plead
guilty to some lesser charge without a trial. Such an arrangement, known as a plea-bargain, can actually benefit both parties as the defendant may have an opportunity to
plead to a charge that, for example, has no points, or lesser fines, and the prosecutor is spared the expense, in terms of his time and police officer time in court, trial
costs, etc., of having a trial on the matter.
Is there anything I can do if I feel that the outcome of a criminal Court proceeding was unfair or wrong?
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Yes, if you feel that your conviction in either Superior Court or Municipal Court was unfair, not supported by the evidence, or wrong for some other reason, you have the
legal right to file an appeal. You only have limited time to file an appeal so you or your attorney must act quickly to notify the proper Courts that you are appealing the
Court's decision. In most Municipal Court appeals, the transcribed record of what took place at the Municipal Court along with any documents the Municipal Court judge
reviewed in conjunction with the case will be read by the Superior Court judge handling the appeal. Generally, no new evidence or testimony can be presented, but the
Superior Court judge will consider the transcript and evidence all over again and render a totally new decision.
For Superior Court appeals, rather than making an entire new decision, individual points of law, or alleged errors by the trial court are reviewed by the Appellate Court and
can be affirmed or reversed and/or sent back to the trial court to fix the error.
In either Superior or Municipal Court, there are expedited procedures for review of bail and sentencing appeals.
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If I live in another state, but was ticketed/arrested in New Jersey, is there any way to handle the matter without personally appearing other than just
sending in a guilty plea and/or fine?
Yes, in many cases, particularly traffic matters or Municipal Ordinance violations, New Jersey Courts will often allow a defendant to handle the matter without the need
for a personal appearance. It may even possible to negotiate a plea-agreement, particularly if you have an attorney here in New Jersey acting on your behalf. Handling the
matter without a personal appearance is also possible for some non-traffic offenses, but it becomes less possible to handle the matter in such a way as the seriousness of
the offense increases. For this reason, whether or not you will be able to handle the matter without an appearance is highly dependent upon the particular facts of your
case. If you desire a trial on your charges, then you would be required to personally appear.
It is unlikely that you will be able to resolve criminal matters (in either Municipal or Superior Court) without an actual appearance.
For these types of cases, you will be required to attend most, if not all, Court proceedings involving your case (such as bail hearing, pre-arraignment or status
conferences, arraignment, etc.) and an attorney from our office will be present with you at each such proceeding.
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