Municipal Court Clients
If you have retained our services for a Municipal Court Matter, you should review this page prior to your Court hearing. Here are some commonly asked questions and answers:
Do I need to appear in Court? More than likely. There are certain violations where a Court appearance is not required. However, a more serious violation, where a conviction imposes moving violations points, proof of documentation, a potential loss of driving privileges, high fines, and/or jail will likely require your appearance. Unless you get express permission from the Court, your appearance will be required and expected. Please note that failing to appear in Court without a granted exception will likely result in a failure to appear sanction and/or a bench warrant for your arrest.
How do I know when my Court date is? You should receive a computer generated notice of your Court date in the mail. If you do not receive a notice soon after retaining our services you should contact the Court as well as our office to verify your scheduled hearing date. It may be possible that the Court has a different address if you recently moved or failed to update your change of address with the New Jersey Motor Vehicle Commission. Often times, clients move during the process of their Court case and forget to update their lawyer or the Court of this change. It is important that you keep both the Court as well as your lawyer up to date as to any change of address. You should also update your attorney with any change in telephone number as well as supply an e-mail address for a faster more convenient way to receive correspondence.
What if my Court date conflicts with my schedule? Is it possible to have my matter rescheduled? Yes, it may be possible to reschedule your matter for a valid reason. However, this requires permission from the Court. If appearing at your Court hearing creates a problem due to a previously scheduled conflict, you should contact our office immediately to address it. In order to get your matter moved to another date you will have to request the Court's permission through our office well in advance of the Court date. Our office will inform you if your request has been granted or denied. Please note that adjournment requests made within 48 hours of your scheduled Court date are rarely granted unless a valid medical reason is documented. If there is a medical emergency it is imperative that you secure some form of documentation from the medical provider indicating the date of service. This documentation must reflect service was provided on a date that conflicts with your mandatory appearance!
Can my lawyer make the appearance in Court on my behalf? Sometimes. There are certain violations that can be resolved by way of Certification or Affidavit. These instances are usually for less serious violations where an undue hardship prevents the client from appearing and it will also require permission from the Court (i.e. if you reside in another State where travel to Court creates a hardship). Please note that having to take a day off of work will not likely qualify as a hardship required to handle a plea bargain by Certification/Affidavit.
Should I give my lawyer paperwork, documents, medical records, pictures, and/or names of potential witnesses? Yes! You should supply our office with any of the above if it is applicable to your case. In fact, failure to supply our office with this information well in advance of your trial date may preclude it from being used at trial. In order to utilize these proofs for your defense, you must supply a true copy to the Municipal Prosecutor well in advance of your trial date. Just as the State has an obligation and duty to supply a defendant with discovery, the defendant has a duty and obligation to supply the State with any reciprocal discovery it intends to use for legal defense at trial.
Do I need to bring anything with me to Court? Yes. You should have a copy of your tickets as well as any proofs that may have been questioned when you received your summons. Documents such as valid insurance coverage at the time of the issuance of the summons or proper registration should be brought with you to your Court appearance.
If I received a summons for driving while suspended should I bring proof of restoration? Yes. You should bring proof that you paid your restoration fees as well any forms given to you by your State's Motor Vehicle Commission. If you are not yet restored you should make every effort to get restored before your Court hearing and bring the proofs with you.
Do I need to check in with the Municipal Prosecutor? Not likely. The Court will have our appearance on record and therefore they are aware you are represented by counsel. Your lawyer will check in for you upon arriving at Court and conference your case with both you and the Municipal Prosecutor. In fact, if you are represented by legal counsel and a formal appearance has been entered by your attorney, the Municipal Prosecutor should not discuss the facts of your case with you or attempt to negotiate any plea bargain without the presence of your lawyer.
What if I can't find my lawyer or my lawyer has not called my name in Court? It may be possible that your lawyer is appearing in another Court and can be delayed in getting to your hearing on time. Do not panic. Our office will let the Court know about any delay and your lawyer will arrive as soon as possible. The Court will not penalize you in anyway if your attorney is delayed due to another Court appearance. There are several hundred municipal courts holding session in the State of New Jersey on each day of the week with conflicting times. It is understood by the Court and its staff that there is a strong possibility lawyers may be scheduled in several courts on the same date and time.
Should I discuss my matter with any third parties? NO! You should not discuss your pending matter with anyone other than your lawyer. Statements made to third parties may be considered admissions that can be used against you in a trial. You should not attempt to negotiate with or discuss your matter with the Municipal Prosecutor, Law Enforcement Agent, co-defendants, and/or victims. Discussing or attempting to negotiate with these third parties may also be interpreted as witness tampering and obstructing justice. You should discuss any issues you have with your lawyer so you may be properly advised and avoid these potential problems.
Do I need to appear in Court? More than likely. There are certain violations where a Court appearance is not required. However, a more serious violation, where a conviction imposes moving violations points, proof of documentation, a potential loss of driving privileges, high fines, and/or jail will likely require your appearance. Unless you get express permission from the Court, your appearance will be required and expected. Please note that failing to appear in Court without a granted exception will likely result in a failure to appear sanction and/or a bench warrant for your arrest.
How do I know when my Court date is? You should receive a computer generated notice of your Court date in the mail. If you do not receive a notice soon after retaining our services you should contact the Court as well as our office to verify your scheduled hearing date. It may be possible that the Court has a different address if you recently moved or failed to update your change of address with the New Jersey Motor Vehicle Commission. Often times, clients move during the process of their Court case and forget to update their lawyer or the Court of this change. It is important that you keep both the Court as well as your lawyer up to date as to any change of address. You should also update your attorney with any change in telephone number as well as supply an e-mail address for a faster more convenient way to receive correspondence.
What if my Court date conflicts with my schedule? Is it possible to have my matter rescheduled? Yes, it may be possible to reschedule your matter for a valid reason. However, this requires permission from the Court. If appearing at your Court hearing creates a problem due to a previously scheduled conflict, you should contact our office immediately to address it. In order to get your matter moved to another date you will have to request the Court's permission through our office well in advance of the Court date. Our office will inform you if your request has been granted or denied. Please note that adjournment requests made within 48 hours of your scheduled Court date are rarely granted unless a valid medical reason is documented. If there is a medical emergency it is imperative that you secure some form of documentation from the medical provider indicating the date of service. This documentation must reflect service was provided on a date that conflicts with your mandatory appearance!
Can my lawyer make the appearance in Court on my behalf? Sometimes. There are certain violations that can be resolved by way of Certification or Affidavit. These instances are usually for less serious violations where an undue hardship prevents the client from appearing and it will also require permission from the Court (i.e. if you reside in another State where travel to Court creates a hardship). Please note that having to take a day off of work will not likely qualify as a hardship required to handle a plea bargain by Certification/Affidavit.
Should I give my lawyer paperwork, documents, medical records, pictures, and/or names of potential witnesses? Yes! You should supply our office with any of the above if it is applicable to your case. In fact, failure to supply our office with this information well in advance of your trial date may preclude it from being used at trial. In order to utilize these proofs for your defense, you must supply a true copy to the Municipal Prosecutor well in advance of your trial date. Just as the State has an obligation and duty to supply a defendant with discovery, the defendant has a duty and obligation to supply the State with any reciprocal discovery it intends to use for legal defense at trial.
Do I need to bring anything with me to Court? Yes. You should have a copy of your tickets as well as any proofs that may have been questioned when you received your summons. Documents such as valid insurance coverage at the time of the issuance of the summons or proper registration should be brought with you to your Court appearance.
If I received a summons for driving while suspended should I bring proof of restoration? Yes. You should bring proof that you paid your restoration fees as well any forms given to you by your State's Motor Vehicle Commission. If you are not yet restored you should make every effort to get restored before your Court hearing and bring the proofs with you.
Do I need to check in with the Municipal Prosecutor? Not likely. The Court will have our appearance on record and therefore they are aware you are represented by counsel. Your lawyer will check in for you upon arriving at Court and conference your case with both you and the Municipal Prosecutor. In fact, if you are represented by legal counsel and a formal appearance has been entered by your attorney, the Municipal Prosecutor should not discuss the facts of your case with you or attempt to negotiate any plea bargain without the presence of your lawyer.
What if I can't find my lawyer or my lawyer has not called my name in Court? It may be possible that your lawyer is appearing in another Court and can be delayed in getting to your hearing on time. Do not panic. Our office will let the Court know about any delay and your lawyer will arrive as soon as possible. The Court will not penalize you in anyway if your attorney is delayed due to another Court appearance. There are several hundred municipal courts holding session in the State of New Jersey on each day of the week with conflicting times. It is understood by the Court and its staff that there is a strong possibility lawyers may be scheduled in several courts on the same date and time.
Should I discuss my matter with any third parties? NO! You should not discuss your pending matter with anyone other than your lawyer. Statements made to third parties may be considered admissions that can be used against you in a trial. You should not attempt to negotiate with or discuss your matter with the Municipal Prosecutor, Law Enforcement Agent, co-defendants, and/or victims. Discussing or attempting to negotiate with these third parties may also be interpreted as witness tampering and obstructing justice. You should discuss any issues you have with your lawyer so you may be properly advised and avoid these potential problems.