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DUI / Municipal Court

 

      Municipal Courts are located throughout the State and each court hears cases that arise within its Municipality. 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.

We accept Municipal Court cases throughout the Counties of Camden, Burlington, Mercer and Gloucester.

What types of cases do New Jersey Municipal Courts hear?

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 Municipal Court as a defendant?/Can I represent myself in Municipal Court?

lawyers

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.

What types of sentences do people face in 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 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 Municipal Court proceeding was unfair or wrong?

  gavel

Yes, if you feel that your conviction in 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 10 days to file an appeal so you or your attorney must act quickly to notify the proper Courts that you are appealing the Municipal Court 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.

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, 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.

 

 

Kelley Law Offices, L.L.C.
Cherry Hill Plaza, Suite 210
Cherry Hill, NJ 08034
dk@kelleylawoffices.com
(856)429-6440
toll-free: (888)NJ-LAWS1

 

 
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