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Municipal Court's FAQs

 

Index

 What do I need to do if I want to plead not guilty?

You must call the court. Please have your ticket number available.

 Does my violation carry motor vehicle points on my license?

The court does not assess points. You must contact the Motor Vehicle Commission in the state in which you have a license. New Jersey Motor Vehicle - www.state.nj.us/mvc

 When is my payment due?

Your payment is due by the date at the bottom of the summons (where it says "court date") unless "Court Appearance Required" is checked off.

 How can I pay my ticket?

  • Pay with a Visa or MasterCard online at www.njmcdirect.com.
  • Mail check or money order to the address located on the top right corner of the summons.
  • Pay cash, check or money order in person at the Municipal Court.

 Am I eligible for the municipal public defender?

  • Individuals must meet eligibility criteria for the services of the public defender. The court must first determine if the defendant is charged with a crime or any other offense, including motor vehicle summonses which may result in a mandatory jail term or other consequence of magnitude. Please read more about consequence of magnitude below.
  • A financial questionnaire must be completed regarding current employment, salary, income and assets. Statewide eligibility guidelines are then applied.

 GUIDELINES FOR DETERMINATION OF CONSEQUENCE OF MAGNITUDE (SEE RULES OF COURT- APPENDIX PART VII)

In determining if an offense constitutes a consequence of magnitude in terms of sentencing, the judge will consider the following:
  • Any sentence of imprisonment.
  • Any period of driver's license suspension.
  • Any period of suspension of the defendant's non-resident reciprocity privileges.
  • Any period of driver's license ineligibility.
  • Any monetary sanction of $750 or greater imposed by the court, except for the public defender application fees. A monetary sanction is defined as the aggregate of any type of court-imposed financial obligation, including fines, costs, restitution, penalties and/or assessments.
  • The court may also consider other factors including but not limited to the willingness and ability of the defendant's immediate family, friends or employer to assist in meeting defense costs.

 Do I need an attorney?

The municipal court staff cannot advise you whether or not an attorney is needed.

 What happens if I plead guilty in court?

If you plead guilty in court, the judge will:
  • Determine if there are facts to support the charges and the guilty pleas. 
  • Confirm that your plead is voluntary. 
  • Make a finding and impose a sentence. 
  • And if you plead guilty or are found guilty in court, the penalties listed on the Violations Bureau Schedule do not apply.

 What if I plead not guilty in court?

If you plead not guilty, the judge will preside over a trial to determine whether you are guilty or not guilty. The trial may be held that day, but in certain circumstances it may be rescheduled.

 If I am found guilty, what happens after court?

You will be required to pay all monetary penalties, as ordered by the judge. Under certain circumstances, the court may permit you to pay over a period of time. You will be given instructions on how to comply with any other parts of your sentence.

 How can I appeal a decision of the court?

If you disagree with the judge's decision, you may appeal. The appeal must be filed within 20 calendar days of your conviction. Please contact the municipal court to obtain a copy of the appeal packet and information on the fees involved.

 What is a plea agreement?

Plea agreements are negotiated with the prosecutor, an attorney who represents the State. You will be given the opportunity to speak with the prosecutor to try to settle your case. You are not required to speak to the prosecutor. All plea agreements must be approved by the judge.

 What happens when the court's orders are not obeyed?

People who do not come to court when summoned, subpoenaed, miss a required payment or they have not complied with their sentence requirements face additional punishment such as a fine, suspension of driver's license, arrest and/or jail.

 What do I do if I have an outstanding warrant?

A warrant can be issued for nonpayment or failure to appear in court. Once issued, bail can be posted at any police department in New Jersey, by mail or in person at the municipal court. In some cases, a bail waiver can be signed which waives your right to a court appearance. Contact the Court Administrator's Office regarding municipal court dates and the payment of court imposed fines.

 Types of Notices

Change of Court Date
When a case needs to be rescheduled, a Change of Court Date notice is generated.

Failure to Appear (FTA)
When a payment is not made by the due date or defendant failed to appear for a court date, an FTA is generated. A $10 late fee is assessed. Failure to pay may result in a warrant.

Delinquent
When a time payment plan has been granted by the judge and a payment is not made, a Delinquent notice is generated. Payment must be made to avoid further action.

Proposed Suspension
If the Delinquent notice is ignored and payment is not made, a Proposed Suspension notice is generated. Failure to make payment within 14 days of this notice date results in suspension of the defendant's driver license.

Order to Suspend
When all notices are ignored, an Order to Suspend is generated, signed by the judge.

Pending Bail Forfeiture
A Pending Bail Forfeiture notice is generated to the surety as a reminder that if the defendant fails to appear in court on the specified court date, after bail is posted, bail will be forfeited.

Bail Forfeiture
If a defendant fails to appear in court after a bail is posted, a Bail Forfeiture notice is generated. Written objection to this forfeiture may be filed within 75 days of this notice.

Return Check
If payments made to the Municipal Court are returned for insufficient funds, a mandatory court appearance is required. Defendant must present cash payment and contempt charges may be assessed.

Warrants
Failure to pay fines may result in a warrant. Failure to appear in court as scheduled can result in a bench warrant issued by the judge.

 Court Staff Functions

THINGS THE COURT STAFF CAN AND CANNOT DO:
WE CAN explain and answer questions about how the court works.
WE CAN tell you what the requirements are to have your case considered by the court.
WE CAN give you some information from your case file.
WE CAN provide you with guidance on how to fill out forms
WE CAN usually answer questions about court deadlines.
WE CANNOT give you legal advice. Only your lawyer can give you legal advice.
WE CANNOT tell you whether or not you should bring your case to court.
WE CANNOT recommend a lawyer.
WE CANNOT talk to the judge about your case.
WE CANNOT let you talk to the judge outside of court.
WE CANNOT change an order issued by a judge.
WE CANNOT give you an opinion about what will happen if you bring your case to court.

 Your rights as a defendant in the municipal courts in the State of New Jersey:

You are presumed to be innocent until proven guilty beyond a reasonable doubt.
You have the right to be informed of the charges against you.
You have the right to remain silent concerning the charges against you, and anything you say may be held against you.
You have the right to retain an attorney.
You have the right to be assigned an attorney if the judge determines that you cannot afford an attorney, and there is a likelihood that if you are convicted, you will either go to jail, receive a substantial fine or your driver's license will be suspended.
You have the right to request a reasonable postponement so that you may have an opportunity to consult with your attorney and prepare a proper defense.
You have the right to testify or not to testify on your own behalf.
You have the right to call or subpoena witnesses to testify on your behalf.
You have the right to appeal within 20 days of any conviction.

 Disabilities

If you need the services of an interpreter or have a physical disability, please notify the municipal court prior to your court appearance.
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