KNOW YOUR RIGHTS IN NEW JERSEY'S MUNICIPAL COURT!

You’ve got substantial rights in municipal court. If you know what they are, they might make the difference between being found guilty or not guilty, or might help you negotiate a better deal for yourself. At a minimum, they might help your municipal court experience less scary.

Let me tell you what some of those rights are:

You Have the Right to Know the Charges Against You:  It isn’t your job to guess what the police have charged you with, or what those charges mean. It is the Court’s job to make sure you know exactly what the charges against you are. Make sure they tell you and make sure you fully understand.

You Have the Right to Remain Silent:  You don’t have to talk. Period. Sometimes, people talk to the prosecutor or police based on the mistaken belief that they need to prove themselves innocent. Wrong! The prosecution needs to prove you guilty. The danger in talking to the police or prosecution is that you may be providing them with information that may help them prove their case against you. This leads me to the next point:

You are Presumed Innocent:  Once more, you don’t need to prove yourself innocent. They need to prove you guilty. It’s not enough that some evidence is presented against you which might support the charges against you. The law requires that the prosecution do substantially more: they need to prove you guilty beyond a reasonable doubt. Unless the prosecution has met this burden, the charges against you should be dismissed.

You Have the Right to Hire A Lawyer of Your Choosing:  Gone are the days when the worst that could happen to you in municipal court might be a slight slap on the wrist or a very small fine. Today, a municipal court action could result in your being put in prison for up to six months, losing your drivers license (and perhaps your job) for 10 years or more and paying many thousands of dollars in fines, penalties, court costs, insurance surcharges, etc. Given this, it makes sense to consider retaining an experienced municipal court attorney. If you hire the right municipal court attorney (hint: my office number is (732) 238-8686), chances are good they will be able to prevent or at least significantly minimize those consequences.

You Have the Right to a Reasonable Postponement:  You aren’t automatically obligated to go to trial on the date the court chooses. You can and should request a postponement to allow you time to consult with and retain counsel, to review the charges against you and to prepare your defense. By the way, one of the first things I tend to do for my clients is get an adjournment of the initial court date so that I can go about the business of preparing their defense.

You Have the Right to Obtain Discovery:  Discovery is the information that the prosecution will rely upon in trying to prove its case against you. It will typically include the police officer’s notes regarding the incident that led to the charges against you, as well as any recordings such as radar readings, breathalyzer results, video recordings, etc. You have a right to obtain copies or otherwise view these materials for a slight charge. It may provide insight into the strength or weakness of the prosecutions case, and may provide information to help you prepare your defense. One of the first things I do for my clients is to request, obtain and review discovery relating to their case.
 

You Don’t Have to Testify:  Again, the prosecution has to prove that you are guilty. You don’t have to prove yourself innocent. In keeping with this concept, the U.S. Constitution and the New Jersey Constitution give you the right not to have to testify should your matter proceed to trial. They can’t make you.

You Have the Right to Present Witnesses on Your Behalf:  You are entitled to have witnesses who will support your position testify at trial. If they won’t come voluntarily, you can have them ordered by the court to appear. This order is called a subpoena. The clerk of the court will help you with this if you ask.

You Have the Right to Cross Examine Witnesses:  Should your matter proceed to trial, the prosecution will present witnesses against you. They may say things you believe are false, inaccurate or incomplete. After the prosecution is done asking them questions, you have the right to ask them your questions. You can have them clarify what they said, challenge what they said or add to what they said. You can try to show their lack of credibility, inaccuracy or bias.

Consider Calling Me:  I’ve been representing people in municipal court cases in New Jersey since the 1980’s. I know how to make sure that your rights, only some of which are discussed in this article, can be protected. Even if you don’t call me, it is my hope that this article will help you will go to court armed with a basic knowledge of your rights and that it will help you secure justice for yourself. Good luck.

Email: bbl@BowneBarryLaw.com