Consequences If Found Guilty in Municipal Court

It is important to note that some municipal charges provide more flexibility when it comes to sentencing than others. Some charges require a specific, or mandatory, sentencing, such as a DWI; in DWI cases, judges cannot reduce the sentence for the offense under New Jersey law; a third DWI specifically carries a mandatory six months in jail; Driving While Suspended offenses also carry mandatory jail for repeat offenders. Any criminal disorderly person offense carries a maximum penalty of six months in jail and a $1,000 fine, and many traffic and drug offenses mandate license suspensions.

Municipal Court judges have more discretion when it comes to sentencing other, lesser charges. That means the judge can decide the severity and length of a punishment, whether it be a stay in jail, license suspension, or monetary fine. A judge’s ruling may be based on the nature of the offense, the defendant’s criminal and/or driving history, the effect of the offense on others, and other factors.

Defendants who have never been convicted before may be eligible to apply for a conditional discharge for certain drug offenses, which is similar to the idea of probation where the offender is “supervised” for six months to a year by the Court, during which time they may be drug tested and cannot be arrested for new offenses or they face mandatory punishments. However, if successfully completed the charges will be dismissed and the arrest expunged the arrest six later.