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?
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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 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?
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.
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