Municipal
Court, FAQs:
Q. Do I have a right to a free attorney?
A. You have the right to the services of the Public Defender if you are charged with a serious offense where you may:
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Lose your driver's license |
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Pay a substantial fine |
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Be put in jail |
There is an Application Fee of up to $200 for the Public Defender. In all other cases you must pay for the services of a private attorney should you wish the services of counsel.
Q. Will I be assessed points if I plead or am found guilty?
A. The Municipal Court has no authority over the issue of Motor Vehicle Points. They are determined and assessed by the Division of Motor Vehicles in Trenton. If you have a question about Points, you should speak with an attorney in advance of your case going to Court.
Q. What happens with my car insurance rates if I plead or am found guilty?
A. Motor Vehicle Insurance is a Private Contract between you and your insurance carrier. Decisions by the Municipal Court cannot alter what is written in this contract. Questions concerning your insurance rates should be addressed to your insurance agent.
Q. What are my basic rights in Municipal Court?
A. You have all those rights guaranteed by the United States and New Jersey constitutions given to any criminal Defendant with the exception that you have No Right to a Jury Trial. All issues of fact and law are decided by the Municipal court Judge.
Q. If I sign a Traffic or Criminal Complaint against someone else, do I have the right to later dismiss the case?
A. Only with the permission of the Court. One has to understand that the person who signs a Complaint (whether they are a Police Officer or a Private Citizen) is merely a witness on behalf of the State of New Jersey. This is why the Plaintiff in a criminal/traffic case is designated as the State of New Jersey and NOT the person who signs the Complaint.
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