 |
Use this box to search for
Answers among the FAQ / Q & A.
INSTRUCTIONS:
FAQ = Frequently Asked Questions
Q & A = Questions & Answers
The FAQ / Q & A helps locate specific tips or directions to help you get things done (e.g. “trash collection?”, or “dog license?”– exclude quotation marks.
- Click in the white box.
- Type your word or phrase.
- Click “Ask FAQ” button. Next, you’ll see a page listing common, related questions and answers.
Printer-Friendly Page
Ask a Question Page
login
|
|
Municipal Court FAQ List of Categories
Page 1 Page 2 Page 3 Page 4
-
Who or what is a defendant?
The defendant is the person formally accused of the violation. They will be informed of the charges, including possible penalties, and their right to an attorney. Defendant is presumed innocent until proven guilty beyond a reasonable doubt. The burden of proof is always on the State. The Prosecutor must prove that the defendant commited each part of the offense charged. The defendant has the right to testify or not.
To top
-
Who or what is a victim?
A victim has suffered harm, injury or loss enacted by another. If there is a trial, the victim may be called as a witness. If the defendant pleads guilty, no trial is needed but the victim has the right to address the court before the Judge imposes sentence.
To top
-
Who or what is a Municipal Prosecutor?
The Prosecutor is the lawyer hired by the municipality to represent the State.
To top
-
Who or what is the Municipal Public Defender?
The Public Defender is the lawyer hired by the municipality to represent those defendants who cannot afford their own attorney.
To top
-
Who or what is a Defense Attorney?
The Defense Attorney is the lawyer hired by defendant to represent them.
To top
-
Who or what is a witness?
A witness testifies or offers evidence in court.
To top
-
Who is Entitled to a Public Defender?
A Public Defender is only assigned to a defendant when:
- The potential sentence presents a risk of defendant going to jail, losing driving priveleges, or receiving penalties exceeding $750.00, and
- The court determines that the defendant is unable to afford a lawyer
The defendant will be required to complete an Application Form which can be obtained from the court. The court may charge a public defender fee of $50 to $200, as determined by Judge based on income. The Judge will review the Application and decide whether defendant qualifies for a Public Defender. The Judge may require defendant to produce proof of income or employment (tax returns, pay stubs) and may verify the information.
To top
-
What is a Plea Agreement?
Plea Agreement is a process by which a defendant may speak to the Prosecutor to try and settle their case before trial. The New Jersey Supreme Court allows plea agreements to be made within the Municipal Courts except in drunk driving and certain drug related cases. A plea agreement is a pact made between the defendant and the prosecutor about how the case will be resolved. In exchange for a guilty plea, the Prosecutor may amend the charge to one less serious, or which results in fewer points on one’s driver’s license. Certain charges may be dismissed, or a specific sentence may be recommended. The Judge must approve all plea agreements.
To top
-
What Happens During a Trial?
Municipal Court has no jury trials.
On the trial date, the Judge will take testimony from all witnesses under oath. You must have your witnesses present in court on day of trial. If they will not come to court voluntarily, you may ask the Court Administrator (Liz Fitzpatrick TEL: 609-3896-0200 ext. 175) 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 State’s witness and questions them. The defendant, or, if represented, their lawyer, is given opportunity to question those witnesses about that which was testified to (process known as “cross examination”).
After Prosecutor has called all State’s witnesses, defendant may make a statement under oath (to “testify”) on his or her own behalf. Defendant may also call witnesses. Defendant has the constitutional right to remain silent. It is up to the Prosecution to prove the case “beyond a reasonable doubt”. If the defendant does not testify, the Prosecutor can ask questions of defendant or defendant’s witnesses.
When all witnesses have testified, defendant or their lawyer may tell the judge why the case was not proven against defendant.
After hearing all testimony and witnesses, the Judge 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 defendant “GUILTY”, the Judge will sentence defendant.
To top
-
What Fines are Possible?
FINES
The Judge must follow law in deciding amounts of fines imposed. Minimum penalties and mandatory assessments may be imposed by law.
Fines are expected to be PAID AT THE TIME THEY ARE IMPOSED. The Judge may accept fine payment in installments, if satisfied that payment cannot be made in full. One may apply for time payments by submitting a Form. The Judge will then make a decision about payment arrangements. Those fined will sign a court order explaining terms of payment. Failure to comply with this order can result in a warrant for your arrest and/or suspension of your driving priveleges.
To top
Page 1 Page 2 Page 3 Page 4
MORE TIPS ON USING FREQUENTLY ASKED QUESTIONS
- Use “Ask FAQ” at left to search out solutions among all Categories.
- See “FAQs by Category” above to browse solutions offered by a particular Dept. or Division, (e.g. “Housing” for questions about “building permits”).
- Try “Ask a Question” to pose your question about subjects not presently covered. This form will appear after an unsuccessful “Ask FAQ” search.
|
|
