Legal Reference Materials
Legal Reference Materials
Your Rights as a Defendant in the Municipal Courts of 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 silentconcerning 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 attorneyif 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 postponementso 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 testifyon your own behalf.
- You have the right to call or subpoena witnessesto testify on your behalf.
- You have the right to appeal within 20 days of any conviction. If you think you need the services of an interpreter, please notify the municipal court administrator prior to your appearance in court.
If you think you need the services of an interpreter, please notify the municipal court administrator prior to your appearance in court.
Municipal Court FAQs
What is a plea agreement?
What happens if I plead guilty in court?
What if I plead not guilty in municipal court?
Can I use the Internet to find more information or to plead guilty and pay a fine?
Do I need to appear in municipal court if I choose to plead guilty and pay the fine?
What happens if I am found guilty in municipal court?
If I can plead guilty to a parking or traffic ticket without going to court, how much will I have to pay?
How can I appeal a decision of the court?
What should I expect when I go to municipal court?
What happens when the court’s orders are not obeyed?
Q. What is a plea agreement?
A plea agreement is a way to settle a case. Plea agreements in municipal court are negotiated with the prosecutor, an attorney who represents the state. You will be given the opportunity to speak to 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.
Q. What happens if I plead guilty in court?
If you plead guilty in court, the judge will ask questions regarding the offense charged to make sure there are facts to support the guilty plea and to determine that your plea is voluntary. The judge will then make a finding and impose a sentence. If you plead guilty or are found guilty of traffic offenses in court, the penalties listed on the Violations Bureau Schedule do not apply.
Q. What if I plead not guilty in municipal 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 circ*mstances it may be rescheduled.
In a trial, the prosecutor first will call the state’s witnesses, the witnesses against you. They will answer the prosecutor’s questions and present any other evidence they have. When the prosecutor is finished with each witness, you, or your attorney, will be permitted to ask them questions about their testimony.
When the prosecutor’s case is complete, it will be your turn to call witnesses and present evidence on your behalf. You can testify, although you are not required to do so. If you testify, the prosecutor can ask you questions or cross-examine you. After all witnesses and evidence have been presented, the judge will decide whether you are guilty or not guilty. If you are found guilty, the judge will impose a sentence.
Q. Can I use the Internet to find more information or to plead guilty and pay a fine?
Yes. For certain offenses, where a court appearance is not required, you can find out the total amount that you must pay if you plead guilty and pay through NJMCdirect.com.
You can obtain more information about the municipal courts and the New Jersey Judiciary at njcourts.gov.
Q. Do I need to appear in municipal court if I choose to plead guilty and pay the fine?
If the “Court Appearance Required” box has not been checked on the complaint and if the charge is listed on either the Statewide Violations Bureau Schedule or the Local Violations Bureau Schedule, you may pay the fine without appearing in court. The Statewide Violations Bureau Schedule is a list of state offenses that may be paid without going to court. The Local Violations Schedule is a list of municipal ordinances that may be paid without going to court. You can pay your fine at the court’s payment window, by mail or by going to NJMCdirect.com. If you pay without going to court, you will be pleading guilty and giving up your right to a lawyer and your right to a trial.
Court appearances are always required in criminal matters.
Q. What happens if I am found guilty in municipal court?
You will be required to pay all monetary penalties, as ordered by the judge. Under certain circ*mstances, the court can 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.
Q. If I can plead guilty to a parking or traffic ticket without going to court, how much will I have to pay?
The amount of the fine is in the Statewide or Local Violations Bureau Schedules. These schedules are available for review at the Municipal Court office. The Statewide Violations Bureau Schedule is also posted at njcourts.gov.
Q. How can I appeal a decision of the court?
If you disagree with the judge’s decision, you may appeal, but if you appeal, you must file the appeal within 20 calendar days of your conviction. You will be required to pay a deposit that will be applied against the cost of preparing a transcript of the trial. You also will be required to pay a $100 filing fee. Ask the court staff to provide you with a copy of the appeal packet, “How to Appeal a Decision of a Municipal Court.” Information on representing yourself in an appeal is also available at njcourts.gov.
- Prior to entering the courtroom, please turn off or silence your phone or pager.
- When you get to court, check in with court staff
- Listen to instructions from court staff and from the judge. The proceedings are sound recorded, so please remain quiet until it is your time to speak.
- The judge will give an opening statement explaining court procedures, defendants’ rights and penalties.
Cases are usually called in the following order:
Requests for postponements
Uncontested motions
First arraignments
Guilty pleas
Contested motions
Pleas of not guilty with an attorney
Pleas of not guilty without an attorney
- The judge will give an opening statement explaining court procedures, defendants’ rights and penalties.
- A case may be postponed to give you time to obtain representation by a private attorney or by a public defender if you qualify and prepare your defense. If you need a postponement, ask the court staff for assistance.
- If your case involves a dispute between you and another person, you may be required to participate in a discussion with a mediator to attempt to settle the dispute without going in front of the judge.
Q. What should I expect when I go to municipal court?
Q. What happens when the court’s orders are not obeyed?
People who do not come to court when summoned or subpoenaed, make payments as required, or comply with other requirements of their sentences, face additional punishments including fines, drivers’ license suspensions, arrest and jail.
For more information regarding your case, contact the municipal court at the phone number found on the ticket or court notice.If you do not have the ticket, you can look up the contact information in the statewide listing.
For general information regarding municipal courts, contact one of the following regional offices:
Municipal Division Offices
(Regional Offices)
Atlantic/Cape May 609-402-0100 ext. 47290 Bergen 201-221-0700 ext. 25080 Burlington 609-288-9500 ext. 38045 Camden 856-650-9100 ext. 43130 Cape May 609-402-0100 ext. 47290 Cumberland 856-878-5050 ext. 15290 Essex 973-776-9300 ext. 56889 Gloucester 856-878-5050 ext. 15290 Hudson 201-748-4400 ext. 60550 Hunterdon 908-332-7700 ext. 13230 Mercer 609-571-4200 ext. 74010 Middlesex 732-645-4300 ext. 88837 Monmouth 732-358-8700 ext. 87245 Morris 862-397-5700 ext. 75110 Ocean 732-504-0700 ext. 64040 Passaic 973-653-2910 ext. 24070 Salem 856-878-5050 ext. 15290 Somerset 908-332-7700 ext. 13230 Sussex 862-397-5700 ext. 75110 Union 908-787-1650 ext. 22600 Warren 908-332-7700 ext. 13230 Municipal Division
Richard J. Hughes Justice Complex
P.O. Box 986
Trenton, New Jersey 08625-0986
609-815-2900 ext. 54850
Fax: 609-815-2941
