How Does Municipal Court Work?
Generally, a person is summoned, or ordered, to go to court and make an in person appearance in Municipal Court matters.
Most people arrested in New Jersey will receive a citation, ticket, or summons on which the date of their first appearance is usually listed. At this hearing, the judge will explain court procedures, advise the defendant of your rights, and explain the general charges against you and the penalties you face. At this point, the offender will do one of the following:
Plead guilty and be sentenced;
Plead not guilty; or,
Request an adjournment, where the judge will reschedule the court date, so the defendant has time to hire a lawyer or apply for a public defender.
If you receive a traffic ticket or complaint for an you can typically pay a fine at the court office, send a check in the mail, or pay the ticket online. For less severe offenses, or offenses that do NOT specifically check the box next to “court appearance required, a person may be able to enter their plea of guilty or not guilty online, and avoid having to go to court. However, more serious charges mandate an in-court appearance, even for guilty pleas. You must appear in court for all criminal matters, such as drug related charges, shoplifting, assault, trespassing, and harassment, as well as for serious traffic offenses, like Driving While Intoxicated (DWI), Driving While Suspended, and any ticket that specifically states, “court appearance required.” Court appearances are also mandatory when:
The defendant wants to go to trial;
There is a range for the fine the Judge can impose on the ticket; or,
An accident is involved.
A defendant who misses a mandatory court date might face severe consequences, which if not followed may become the subject of an arrest warrant. If the court required bail to be posted in your case, it will not be returned until after your case is over. If you posted the money, it will be returned to you or you can even apply it towards your fines. If someone else posted it, it will be returned to that person and you cannot use it toward your fines. However, if you fail to appear for any court hearing, you will not get that money back. The Motor Vehicle Commission may also be notified and impose their own consequences, like suspending the driver’s license. Points are assessed by the Motor Vehicle Commission and not by the court.
After the first appearance, the defendant may have a second appearance or numerous additional court dates. At these appearances, the defendant can try to speak with the prosecutor to try to resolve the case with a plea bargain. Less than 1% of all cases go to trial. In some types of cases, like DWI and drug offenses, the prosecutor is forbidden from entering plea negotiations, though they are allowed a degree of discretion to ensure a fair result.
After cases with attorneys are heard, the Judge will hear cases without attorneys. Trials are held at the very end of the court session. The State must prove the charges beyond a reasonable doubt. Defendants do NOT have the right to a jury trial in Municipal Court. The Judge presides over all trials, determines whether a defendant is guilty or not guilty, and imposes sentences on the convicted. The sentence will be based upon the summons charged and any mandatory penalties that are required by law. All fines are expected to be paid at sentencing.
