New Jersey Municipal Courts handle motor vehicle and traffic violations, local town ordinance violations and disorderly person offenses. These Courts also handle petty disorderly persons offenses and other non-indictable offenses, fish and game law violations, boating law violations and other proceedings where jurisdiction is granted by statute. Municipal Courts should be distinguished from the Superior Court of New Jersey which has been established in each County and handles Civil, serious Criminal and Family Law issues. In the Criminal context, County Prosecutors actually review cases and make the determination that a case should be heard in, or remanded to, the Municipal Court in the town where the offense was committed, or, for violations deemed more serious, stay at the County level.
As set forth in the New Jersey Municipal Court website:
“It is through the Municipal Courts that most citizens in the State come into contact with the judicial system, either as a defendant, a victim, or a witness. Since most citizens will never appear before another court, it is from their experience in the Municipal Courts that most people base their conclusions about the quality of justice in New Jersey.”
The jurisdiction of Municipal Courts has been established by the New Jersey State Legislature and clarified by New Jersey State Court opinions. Typically Municipal Courts have jurisdiction to handle, or have trials, in the least serious class of offenses, often described as “quasi– criminal” offenses. The United States Supreme Court has required the right to a jury trial when an offense subjects a defendant to a prison sentence of more then six months. The Municipal Courts jurisdiction extends to offenses where the maximum term of imprisonment is six months or less, and trials are held before a Judge. Accordingly, there is no right to a jury trial in Municipal Court.
Municipal Court charges should not be taken lightly. Many offenses handled by the Municipal Court involve serious penalties, including jail, extended loss of license and high fines. Many violations can increase the likelihood of enhanced penalties if future violations occur.
Jay Weinberg is an experienced Municipal Court attorney, having handled many hundreds of cases in Municipal Courts throughout the State. We are confident you will be very satisfied with our professional services, and we look forward to representing you. Please call our office for a free consultation.
Municipal Court
