Frequently Asked Questions - All FAQs
There are no jury trials in the Municipal Court. At the trial date, the Judge will take testimony from all witnesses under oath. The Defendant and his or her lawyer, if represented, will sit at one table. The Prosecutor will sit at the other table. Witnesses may be asked to stay outside the courtroom until it is their turn to testify. The Prosecutor will go first and will present any witnesses or evidence needed to prove the charge against the Defendant. Each witness will either swear or affirm to tell the truth. As each witness for the prosecution testifies, the Defendant or his or her lawyer, if represented, will have an opportunity to ask questions about what was testified to. This is called cross-examination.
Once the prosecution is finished, it will be the Defendant's turn. The Defendant can present witnesses or other evidence to disprove the Prosecutor's case. The Defendant does not have to provide any information and does not have to testify. It is up to the prosecution to prove the case "beyond a reasonable doubt."
When all the witnesses have testified, the Defendant or his or her lawyer may tell the Judge why the case was not proven against the Defendant.
The Judge, after hearing all the testimony and witnesses, will make the decision whether the case has been proven beyond a reasonable doubt. If the Judge finds the Defendant "Not Guilty," the case is over.
If the Judge finds the Defendant "Guilty," the Judge will sentence the Defendant.
Fines
The Judge must follow the law in deciding the amount of any fine imposed. Sometimes there are minimum penalties and mandatory assessments that must be imposed by law. Fines are generally expected to be paid at the time they are imposed.
The Judge may allow the fine to be paid in installments if he or she is satisfied that payment cannot be made in full. You may apply for partial payments by filling out a form. The Judge will then make a decision about your payment arrangements. You will sign a court order that will explain the terms of your payments. Failure to comply with this order can result in a warrant for your arrest and/or suspension of your driving privileges.
Jail
The maximum jail term that can be imposed for offenses heard in the municipal court is six months. Sentences are served at the Atlantic County Justice Facility or Cape May County Corrections Center.
License Suspension
Many offenses require suspensions for a minimum period. You cannot drive for any reason until the period of suspension ends, you have paid your restoration fee, and have received written notification from the Division of Motor Vehicles that your driving privileges have been restored. If your license has been suspended for failure to appear, pay fines, or comply with a condition of your sentence, generally it will not be restored until your case is completed. Conditional or special work licenses are not allowed in New Jersey.
Intoxicated Driver Resource Center (IDRC)
If convicted of DWI or refusal to take a Breathalyzer, the court must order attendance at the Intoxicated Driver Resource Center, where the Defendant must satisfy the screening, evaluation, referral program and fee requirements. Failure to comply with the IRDC guidelines will result in further court action.
Community Service
By law, the Judge must order community service for certain traffic offenses and may order community service for a criminal conviction. The Defendant must work for a municipality or non-profit organization for a certain period of time without compensation. Failure to perform community service will result in the case being returned to court.
Points/Surcharges
In addition to the penalties imposed by the court for moving traffic violations, the Division of Motor Vehicles will also assess points on driving records. Most violations result in two points, but it can be as high as eight for a single offense. The New Jersey Department of Insurance may also assess surcharges on insurance payments.
- Never been convicted of a drug offense in any state or federal court, and
- Never been granted a conditional discharge before
- Never received Pre-Trail Intervention (PTI) or Pre-Trial Diversion in any state or federal court
300 East Jimmie Leeds Road
Galloway, NJ 08205