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• What is the Municipal Court?
  
  
• What can court office staff do for me?
  
  
• What are things Court office staff cannot or can't do?
  
  
• What types of cases are heard in Municipal Court?
  
  
• Can I just simply pay the summons?
  
  
• When is a Court Appearance required?
  
  
• How Do I Enter a Plea of Not Guilty in a Traffic Case?
  
  
• What Happens on Your Day in Court?
  
  
• In What Order are Cases Called?
  
  
• Who or what is a complainant?
  
  

• What is the Municipal Court?
  
  

  The Municipal Court is a local court created by state law. Its territory is confined to the City. New Jersey Court Rules govern its practices and procedures. The Municipal Court Judge oversees administration. The presiding Judge of the Municipal Court (County Courthouse, Mount Holly) oversees administration of all Burlington County Municipal Courts, and reports to the County’s highest judge, the Assignment Judge. Municipal Court presides over cases, including:

  • violations of municipal ordinances
  • violations of motor vehicle and traffic laws
  • disorderly person’s offenses
  • petty disorderly person’s offenses and
  • other non-indictable offenses,

  except where exclusive jurisdiction is given to the Superior Court. Also included within this jurisdiction are:

  • violations of fish and game laws
  • weights and measures and
  • marine police.

  For further information

  For more info about the Municipal Courts,

  • Come in and ask for our FREE “Municipal Courts Informational Guide”
  • The New Jersey Court Rules, statutes and other legal references are available at the Law Library located in County Courts Facility, 49 Rancocas Road, Mount Holly. Burlington County Library in Westampton and the Burlington County College Library in Pemberton also have some legal references.
  
  
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• What can court office staff do for me?
  
  

  COURT STAFF CAN...

  • explain and answer questions about how the court works
  • tell you what the court requires in order to consider your case
  • give you some info from your court file
  • provide you with samples of court forms
  • offer guidance on how to fill out forms
  • usually answer questions about court deadlines
  
  
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• What are things Court office staff cannot or can't do?
  
  

  COURT STAFF CANNOT...

  • give you legal advice
  • tell you whether or not you should bring your case to court
  • give you a prediction about your case’s outcome
  • recommend a lawyer, but they CAN provide the phone number of a local lawyer referral service
  • talk to the judge for you
  • let you talk to the judge outside of court
  • change an order issued by a judge
  
  
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• What types of cases are heard in Municipal Court?
  
  Cases heard in Municipal Court fall into four categories:
  1. Violations of motor vehicle laws and traffic laws
  2. Violations of disorderly and petty disorderly persons offenses (criminal matters which may result in fines or jail)
  3. Violations of Fish and Game laws, Parks and Forests, Weights and Measures, SPCA, and Boating Regulations
  4. Violations of municipal ordinances (local laws)
  More serious offenses, known as “INDICTABLE OFFENSES”, are sent to County Prosecutor’s Office, who decides which case gets presented to Grand Jury or returned to municipal court to be heard as a less serious offense (a “downgrade”).
  
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• Can I just simply pay the summons?
  
  Non-criminal matters involving traffic, boating, Fish & Game and Parks & Forests violations can often be paid through the mail, or at the court office in City Hall. If you wish to plead guilty and give up your right to a hearing on such violations, you may do so, provided that “Court Appearance Required” has not been checkmarked on the ticket, AND the charge must appear on the Statewide Violations Bureau Schedule. If the penalty does not appear on the back of the Ticket, contact the Court Office at TEL: 609-386-0200 to determine if a court appearance is required. To pay your Summons, complete the APPEARANCE, PLEA AND WAIVER section on back of Ticket, and bring or mail it, with payment in correct amount, to the Violations Bureau address on the Ticket. Credit cards are not accepted. Late payments after the appearance date may incur additional penalties. Failure to pay a traffic Ticket will result in suspension of driving priveleges and/or the issuance of a warrant. If you have posted bail, contact the court office if you desire a “bail waiver”. That way, your bail can be applied to the fines, costs and contempt penalty you may owe, eliminating the need to appear in court.
  
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• When is a Court Appearance required?
  
  Court appearance is ALWAYS required in criminal matters, such as assault, shoplifting, harassment, drug charges. In traffic or other matters, a check beside “Court Appearance Required” on your Ticket means you must appear in court at the specified time and place, even if only to plead guilty. When “Court Appearance Required” is NOT checked on the traffic Ticket, you must still appear in court if:
  • You wish to have a trial, or
  • The charge is not listed on Statewide Violations Schedule (thus cannot be paid by mail or at court Office), or
  • Personal injury is involved
  Please notify the Court promptly of any need to accommodate disabilities or challenges.
  
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• How Do I Enter a Plea of Not Guilty in a Traffic Case?
  
  If you intend to plead “not guilty” to the offense charged in the summons and want to have a trial, you must notify the Court Administrator at least seven (7) days before your scheduled court date (Liz Fitzpatrick TEL: 609-386-0200 ext. 175). If you fail to notify the court, two court appearances may be necessitated, as the prosecutor may have to prepare for the trial. In cases where Summons could have been paid by mail, the Judge has discretion to impose higher fines and added court costs after trial. In certain cases, your driving priveleges could be suspended.
  
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• What Happens on Your Day in Court?
  
  It is very important that you arrive in court on the day and time stated on your Ticket, Summons, Subpoena or Court Notice. Before the session starts, or once court begins, roll call is usually taken. If you arrive late, or your name is not called, notify court personnel immediately.
  
  At the beginning of court session, the Judge will give an opening statement explaining court procedures, defendantsf’ rights, and penalties. As eash case is called, the Judge will individually advise each defendant of his/her rights. A case may be postponed to permit the defendant to hire a lawyer. If the defendant wishes to proceed without a lawyer, the judge will ask for his/her plea. If the defendant pleads “guilty,” the Judge will ask questions regarding the charged offense to determine any factual basis for the guilty plea.
  
  If defendant pleads “not guilty” and all involved parties are present and prepared, the case proceeds to trial. Once the Judge has heard the testimony, he/she will decide if defendant is guilty, not guilty, or if the case must be dismissed. If defendant pleads guilty or is found guilty after a trial, the Judge will impose a sentence.
  
  If the defendant does not appear, the Judge will advise all witnesses when they may leave. Witnesses will be notified through the mail when they are to return. A warrant may be issued for the “no-show” defendant, and his/her driving privileges may be suspended.
  
  All municipal court proceedings are tape recorded. Everyone in the courtroom must remain quiet until it is their turn to speak. Some cases take longer than others. Please be patient so the court may give each case due time and attention.
  
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• In What Order are Cases Called?
  
  Cases are called in order according to NewJersey Court Rules. Cases are generally called in the following order:
  
  1) Requests for postponements
  2) First Appearances (advising defendants of rights / penalties
  3) Guilty pleas
        A) Where defendant IS represented by a lawyer
        B) Where defendant IS NOT represented by a lawyer
  4) Not guilty pleas
        A) Where defendant IS represented by a lawyer
        A) Where defendant IS NOT represented by a lawyer
  
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• Who or what is a complainant?
  
  The complainant is the person who signed the complaint (may be private citizen or police officer). They are a witness for the State and are generally given opportunity to speak with the Municipal Prosecutor about the case. Once a complaint has been filed, it cannot be withdrawn and in most cases cannot be dismissed without the consent of the Prosecutor.
  
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