Municipal Court
I have eighteen years of experience in New Jersey municipal courts and have handled municipal court cases all over New Jersey. I am fully familiar with municipal court procedure, and am available to represent you in any municipality throughout New Jersey. My familiarity with local judges and prosecutors helps me to provide realistic case evaluations for drivers accused of drunk driving and other traffic offenses. I will fully investigate your case, aggressively represent you, and work with you to find the best possible solution to your problem.
Motor Vehicle Offenses
- All types of traffic violations
- DUI / DWI / drunk driving
- Driving while suspended or revoked
- Unsafe operation
- Driving with no insurance
- Careless or reckless driving
- Drug possession
- Speeding
- Leaving the scene of an accident
- Moving violations
Criminal Offenses
- Assault
- Drug Possession
- Possession of Drug Paraphernalia (CDS possession)
- Resisting Arrest
- Disorderly Conduct
- Municipal Ordinance Violations
Too often an individual with a matter in municipal court will represent himself at trial or will plead guilty without the assistance of counsel. This can be risky because the collateral consequences of a conviction in municipal court can affect a person’s life in ways not apparent at the time that they conclude their case. There are some things I can actually “fix” after the fact.
When I represent a client I look at what the State can prove. This actually matters more than anything that my client may or may not have done. The State must prove municipal court cases, like all other criminal cases, beyond a reasonable doubt.
I am often able to work something out with a prosecutor, i.e., a plea bargain. A prosecutor is not your friend and he is not looking out for your best interest. You are probably not a threat to a prosecutor on your own, but if you hire a lawyer who potentially will not only make that prosecutor work to win his case but also make it a real possibility that he could actually lose his case, then a prosecutor is far more likely to either dismiss your case (if he thinks he is not likely to win anyway) or work out a plea bargain. By demonstrating even before trial the weaknesses in the State’s case, I may be able to arrange for a plea bargain which may include acquittals, reduced charges, reduced points, and alternatives to jail.
In addition to substantial fines and penalties, including point accumulation, surcharges, and suspension of driving privileges, municipal court convictions in some traffic cases can carry a jail term. Conviction of any municipal court offense may also have a negative impact on your employment prospects.
There are no jury trials in the Municipal Court. On the trial date, the judge will take testimony from all witnesses under oath. You must have your witnesses present in court on the day of trial. If they will not come to court voluntarily, you may ask the court administrator to provide you with subpoenas to require them to appear in Court. Written statements of witnesses are ordinarily not allowed to be presented — the person must appear in court. First, the Prosecutor calls each of the State’s witnesses and asks them questions. The defendant or his or her lawyer will have a chance to ask them questions about what was testified to (cross-examination).
After the prosecutor has called all of the State’s witnesses, the defendant will have an opportunity to make a statement under oath (to testify) on his or her own behalf and to call witnesses. A defendant has a constitutional right to remain silent. It is up to the prosecution to prove the case beyond a reasonable doubt. If the defendant does testify, the Prosecutor can ask questions of the defendant and of his or her other witnesses.
When all the witnesses have testified, the defendant or his or her lawyer may tell the judge why the case was not proven against the defendant.
The judge, after hearing all the testimony and witnesses, 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 the defendant guilty, the judge will sentence the defendant.
What Are the Possible Penalties?
- Fines
The judge must follow the law in deciding the amount of any fine imposed. Sometimes there are minimum penalties and mandatory assessments that must be imposed by law. Fines are expected to be paid at the time they are imposed.
The judge may allow the fine to be paid in installments if the judge is satisfied that payment cannot be made in full. You may apply for time payments by filling out a form. The judge will then make a decision about your payment arrangements. You will sign a court order that will explain the terms of your payments. Failure to comply with this order can result in a warrant for your arrest and/or suspension of your driving privileges.
- Jail
The maximum jail term that can be imposed for an offense heard in the municipal court is one year. The sentence is served at the county jail. The judge may allow a defendant to serve the sentence on weekends. Work release is coordinated through the jail's work release administrator.
- License Suspension
Many offenses require suspensions for a minimum period. You can't drive for any reason until the period of suspension ends, you have paid your restoration fee, and have received written notification from the New Jersey Motor Vehicle Commission that your driving privileges have been restored. Conditional or special work licenses are not allowed in New Jersey.
- Intoxicated Driver Resource Center (IDRC)
If convicted of DWI or refusal to take a breathalyzer, the court must order attendance at the Intoxicated Driver Resource Center, where the defendant must satisfy the screening, evaluation, referral, program and fee requirements. Failure to comply with the IDRC guidelines will result in further court action.
- Community Service
By law, the judge must order community service for certain traffic offenses and may order community service for a criminal conviction. The defendant must work for a municipality or non-profit organization for a certain period of time, without compensation. Failure to perform community service may result in the case being returned to court. Some community service sentences are supervised by the Probation Division of the Superior Court.
- Other Related Penalties
In addition to penalties imposed by the court for traffic violations, defendants may also receive points on their driving records, auto insurance surcharges, or may be required to pay restoration and administrative fees. Out of state motorists should check with their state‘s Motor Vehicle Agency regarding the impact of a New Jersey traffic violation on their driving privileges.