Common Terms Used In Municipal Court
Appeal: A request for the Superior Court to review and reverse a court's decision.
Arraignment/First Appearance: Reading the complaint to the defendant in open court or stating the substance of the charge, and advising the defendant of certain rights and possible penalties.
Bench Warrant: A warrant issued by the court (from the bench) for the arrest of a person for failure to appear or failure to comply with a court order.
Community Service: Work done for a municipality or nonprofit organization for a certain period of time without pay. By law, the Judge must order community service for certain traffic offenses and may order community service for criminal convictions.
Continuance/Postponement: The adjournment of a case.
Court Calendar or Docket: A listing of matters scheduled to be heard during a court session.
Downgrade: An indictable complaint reviewed by the County Prosecutor and remanded to the Municipal Court as a lesser charge.
Disorderly Person Offense (DP): Violation of a criminal code or statue head in Municipal Court; fines may not exceed $1,000, and jail terms may not exceed 6 months.
Failure to Appear (FTA): The failure to any party to appear in court in response to a complaint/notice issued.
Indictable Offense: A serious criminal offense referred to the County Prosecutor for a determination if the case should be presented to the Grand Jury and heard in Superior Court.
Motion: A written or oral request to a court for a ruling of law.
Petty Disorderly Person Offense (PDP): Violation of a criminal code or statue heard in Municipal Court; fines may not exceed $500, and jail terms may not exceed 30 days.
Probable Cause: Facts or circumstances found to exist when presented to a judge or court administrator indicating a strong possibility that an offense has been committed.
Pro-Se or Self-Represented: One who does not retain a lawyer and represents himself or herself in court.
Subpoena: A command to appear at a certain time and place to give testimony about a certain matter.
Surety: The owner of bail posted with a court.
Transcript: An official printed copy of court proceedings.
Violations Bureau: The court office where fines/costs may be paid.
People involved:
Complainant: The Complainant is the person who signed the complaint (may be a private citizen or law enforcement officer). The Complainant is a witness for the State and will generally be given an opportunity to speak with the Municipal Prosecutor about the case. Once a complaint has been filed, it cannot be withdrawn, and it generally cannot be dismissed without the consent of the Prosecutor.
Defendant: The Defendant is the person formally accused of the violation. The Defendant will be informed of the charges, possible penalties and right to a lawyer. The Defendant is presumed innocent until the proven guilty beyond a reasonable doubt. The burden of proof is always on the State. The Prosecutor must prove that the Defendant committed each part of the offense charged. The Defendant has the right to testify or not testify.
Victim: If there is a trial, the victim may be called as a witness. If the Defendant pleads guilty, no trial is needed, but the victim has a right to address the court before the Judge decides what sentence to impose.
Prosecutor: The Prosecutor is the lawyer hired by the municipality to represent the State.
Public Defender: The Public Defender is the lawyer hired by the municipality to represent those Defendants, charged with a conflict of magnitude, who cannot afford their own lawyer.
Defense Attorney: The Defense Attorney is the lawyer the Defendant hires to present him or her.
Witness: Someone who testifies or offers evidence in Court.
Your Legal Rights
- You have the RIGHT TO BE INFORMED OF THE CHARGES against you.
- You have the RIGHT TO REMAIN SILENT concerning the charges against you, and anything you say may be held against you.
- You may plead GUILTY or NOT GUILTY to certain non-indictable charges against you, such as traffic offenses, disorderly persons offenses and ordinances.
- If you are charged with an INDICTABLE offense, the Judge cannot ask for your plea because you have the right to a probable cause hearing before the judge and a trial by jury at the county level if the Grand Jury indicts you. There are, however, certain INDICTABLEoffenses that may be tried by the judge if you waive indictment and trial by jury in writing and the county prosecutor consents. You have the right to be informed if you have been charged with such an offense.
- You have the RIGHT TO RETAIN AN ATTORNEY.
- You have the RIGHT TO BE ASSIGNED AN ATTORNEY if:
- You are charged with an indictable offense and the state public defender determines that you cannot afford an attorney, or
- You are charged with a non-indictable offense and the judge determines you cannot afford an attorney and there is a likelihood that 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 obtain a REASONABLE POSTPONEMENT so that you may have an opportunity to consult with your attorney and prepare a proper defense.
- You are PRESUMED TO BE INNOCENT until proven guilty beyond a reasonable doubt. For some violations, the required proof is by a preponderance of the credible evidence as, for example, violation proceedings, Breathalyzer refusal violations, Penalty Enforcement Actions, Fish and Games, etc.
- You have the RIGHT TO TESTIFY or NOT TO TESTIFY in your behalf.
CASES USUALLY WILL BE HEARD IN THIS ORDER
- Application for adjournments
- Guilty pleas
- Contested matters with an attorney
- Other contested matters
IF YOU COME TO COURT FOR A TRAFFIC OFFENSE and you have not been previously notified the court of your intention to plead NOT GUILTY, speak to the court administrator immediately. If the officer or others involved can be contacted to testify, your case may be heard. If they cannot be reached, you will have to make another court appearance at a later date.
WHEN YOU PLEAD GUILTY, it is not necessary to have a trial. You have admitted that you have violated the law. However, you may then explain to the judge any extenuating circumstances. The judge will then impose sentence.
IF YOU PLEAD NOT GUILTY, you and the witnesses will be placed under oath to speak the truth. It is necessary for the prosecution to prove the charges against you. Your attorney has the right to ask the prosecution's witnesses any question pertaining to the charges. If you do not have an attorney, present your questions for the witness to the judge.
WHEN THE PROSECUTION HAS FINISHED, you may then present your own witnesses or testify in your own behalf. You are not forced to testify against yourself, but you may testify if you desire. Any evidence you give may be used by either side. If you do testify, the prosecution has the right to ask you any questions pertaining to the charges.
WHEN ALL THE WITNESSES HAVE TESTIFIED, you or your attorney may tell the court why you think you should be found Not Guilty.
If the court finds you Guilty, and you feel the judgment or the sentence was in error, YOU HAVE TWENTY (20) DAYS WITHIN WHICH TO APPEAL. Appeals in practically all instances will be heard by the Superior Court, Law Division.
Damages resulting from a collision cannot be tried by this court. This court is only concerned with violations of the state statutes and municipal ordinances.
Every person has the right to make his own defense without an attorney, but if you are in doubt as to your proper course, it is recommended that you consult an attorney.
Please notify the appropriate court of disability accommodation needs.
Municipal Court
This municipal court has consolidated with the Central Municipal Court of Atlantic County, effective January 1, 2022.
To inquire about your scheduled court date, perform a case search, access the Municipal Case Resolution System, or to make payments on your case, please visit www.njmcdirect.com.
For more information, please contact the Central Municipal Court of Atlantic County at (609) 909-5999 or visit www.atlantic-county.org/centralcourt.
For cash, check, and money order payments only, you may visit the Hamilton Township Municipal Court located at 6101 13th Street, Mays Landing, NJ 08330.
