How to Pick an Attorney to Represent You in Municipal Court

    Below is a checklist of things to keep in mind if you have been issued a traffic ticket or are otherwise scheduled to appear in Muncipal Court because you can't pay off your ticket.

     1.    You’re going to get letters in the mail. We, as attorneys, are permitted to send you what are known as “solicitation letters.” It is relatively low cost for us to send them to you, and it is our way of selling ourselves by how we try to persuade you to retain our services.

     2.     Pay attention to what the letters say. There is some mandatory language that we are required to put in the letter as well as some guidelines we must follow pursuant to New Jersey’s Rules of Professional Conduct (RPC), such as informing you that this is an attorney advertisement, how we obtained your information, why we’re soliciting you and where you can report any false or misleading advertising. We can quote fees, highlight our experience and often advise you as to the severity of the consequences you are potentially facing by pleading guilty. Tread carefully if you see a lawyer quoting a flat fee before even speaking to your or a making a promise that seems too good to be true.

     3.     Call the attorneys to shop around. While we send letters to solicit business, we are not allowed to contact you directly to solicit business. It is up to you to contact an attorney if you have the need to speak for one for legal advice. Many attorneys, such as myself, offer free initial consultations so that we can evaluate your case and get an idea of what is going on before we quote a legal fee for our services. Just like a mechanic needs to pop the hood to see how you’re car is running, we need to speak with you to get an idea of what’s going on before we can advise you as to how you should proceed.

     4.     Meet with the attorneys to feel them out. Schedule a consultation to meet with the attorney in person and show up if you agree to meet with an attorney at a set date and time. Many of us work off of schedules. When we agree to consult with prospective clients, we set aside our time to help you. By not showing up, that is disruptive to our schedule and can potentially take away from paid work. So, if you say you’re going to meet with an attorney, show up on time. If you need to reschedule, call ahead.

 

      5.     Hire an attorney if you can afford it. Many criminal charges and some traffic offenses carry with it pretty severe consequences, including having points assessed to your drivers license, suspension of your driving privileges, probation, community service and even jail. Pleading guilty without being represented can have potentially catastrophic consequences. Don’t be tempted to plea guilty just to get your case over with, even if the ultimate punishment is only a fine. Haste makes waste. You don’t have to prove you’re innocent. The State has to prove your guilt beyond a reasonable doubt. Know your rights and protect them. If you can afford to retain the services of an attorney, it would behoove you to do so. We know the Court Rules, Case Law and Statutes. Let us fight for you.

     6.     Go to Court to Apply For a Public Defender. If you are looking to apply for the public defender, remember that you don’t just get one because you ask for one. You need to demonstrate that you need one. This means you have to show the Judge presiding over your case a financial snapshot of your life at that time. You need to show your income, including pay stubs or a tax return that has been filed. You also need to show your expenses, namely any Court Ordered expenses such as paying fines or child support obligations. If you qualify, you have to pay up to $200 for the Public Defender application fee. Otherwise, you can ask the Court to reduce or waive that fee if you show reason for them to do so.

     7.     If you’re in Court and there are Lawyers there, don’t be afraid to approach them. Us private attorneys, while wearing business attire, are still human beings. We are approachable. We may look stoic while waiting for our case to be heard, but most of us are eager to help out where we can, that’s why most of us are lawyers. We are limited to what we can tell you, but if you feel nervous about approaching a lawyer to ask a question about your case, don’t be. Sometimes if you have a simple traffic ticket, or a not so complex criminal case, you may feel more comfortable to approach a lawyer before going to speak to the judge or prosecutor. We, as officers of the court, can speak to the prosecutor briefly about your case in a way that is more beneficial than if you speak on your own behalf. If your case can be resolved that day and you may work out a deal to resolve your case so you don’t have to keep making multiple trips to Court, then it may be worth hiring a lawyer on the spot so s/he can put their name on the record and help you resolve your case. So don’t be scared to ask for help when it is available.

      8.    Be sure to pay for our services. While it is often more expensive to hire a private attorney than it is a public defender, don’t let our title as lawyer scare you about asking what we cost. Also, don’t be afraid to ask about negotiating fees. Worst we can say is no and some lawyers are more flexible with payment plans than others. We realize the economy is tough and people don’t often have thousands to pay for an attorney up front. Just remember that if you’re going to agree to be placed on a payment plan to stick with the terms of the payment plan. But don’t let the price tag scare you from being represented if you can help it. You should value your freedom and protect it by retaining the services of an attorney. Rule of thumb: Stick to the payment plan and the attorney will stick with you. We take our jobs and protecting your freedoms seriously and so should you.

      9.    Wrapping it all up: You’re going to get letters from attorneys if you were pulled over and issued a traffic ticket or arrested. You should contact these lawyers over the phone or email and meet them in person for a consultation. You should read the letters carefully for what is being promised or what fees are being quoted. Hire an attorney if it is in your budget to do so and you’re facing severe consequences for being found guilty or apply for the public defender. If you are in court without a lawyer and want to know what you’re in store for, approach a lawyer and ask them. If you find out after speaking to a lawyer in the court hallway that your case can be resolved that day and you have the money to pay them to speak to the prosecutor and judge for you, pay them. Finally, don’t let the price tag or any preconceived notions about the cost of legal representation scare you from contacting an attorney. If you can negotiate a payment plan with one, stick to the plan. The only thing more costly than hiring an attorney is realizing you should have hired an attorney after the fact. Hope this has been helpful. 

I posted a legal guide on AVVO about the Municipal Courts in the State of New Jersey. Come take a minute to check it out, especially if you have to make a Court appearance.

This guide is for the litigant who has to appear in Municipal Court in the State of New Jersey because they have been issued a traffic ticket or have been arrested for allegedly committing a crime/disorderly persons offense to give them an idea of the general procedure followed by the Courts.

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Step 1: What I Bring With Me

You know you have a court date and have to appear before the judge. Bring with you a copy of the Notice you received from the Court requiring you to appear, a copy of the traffic ticket or criminal complaint naming you as a defendant and a form of state-issued identification which can be used to verify your identity. Remember, that if you're going to bring a cell phone or other electronic device with you, it needs to be shut off. Many courts will confiscate the device if it goes off during the court session and sanction you by making you wait until the end of the Court Session before your case is heard and even pay a fine for violating the court rule. So, be advised, that if you bring your phone, you do so at your own risk.

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Step 2: I'm Here in Court.

Now that you have what you need, you're out the door and walking into the Municipal Court. Hopefully, you're a few minutes early. At this point, you'll probably be subject to search for security purposes. The officers will likely search your person or bags and you'll either walk through a metal detector or have a "wand" waved over you looking for metallic objects. This search is brief, but often necessary to ensure the safety of yourself and others. You'll then check in with the Clerk to let them know you are here so the prosecutor can call your case. You'll then be asked to wait patiently in the Courtroom until your name is called so you can speak with the prosecutor about your case then with the judge.

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Step 3: Past Security and Announcement Time...Your rights as Litigants & Public Defender Availability

First, you'll be advised that the you're in the Municipal Court of (insert name here) and that you, as litigants, have several rights. Among them, are the right to remain silent, that your silence won't be used against you, that you have a right to be represented by an attorney, the circumstances under which you can apply for the services of a court appointed public defender and that you have the right to ask the Court for an adjournment request for good cause such as seeking the services of an attorney. You have to economically qualify for the public defender and be facing consequences of magnitude. This means you are facing the possibility of jail, a fine in excess of $750 or loss of license if you are found guilty & the judge will ask about your obligations & gross income to determine if you qualify. If so, you can be asked to pay up to $200 for using the public defender.

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Still Step 3: More Announcements...Not a US Citizen

You know about your rights, you have your documents and know about the availability of the Public Defender. The announcements continue by mentioning what happens if you're NOT a US Citizen. If you're not a US Citizen, pleading guilty or being found guilty can result in adverse consequences on your citizenship, meaning you could be deported if you plead guilty to certain criminal offenses as well as traffic offenses, which are either crimes of moral turpitude or aggravated felonies. The judge will often give you time to seek out the advice of an immigration attorney so you are aware of the immigration consequences of pleading guilty or being found guilty. While it is not mandatory to speak to an immigration lawyer, you should pay an additional consultation fee so you are aware fully of the consequences of a guilty plea.

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Still Step 3: More Announcements...Order Cases are Heard

Generally, here is the order in which cases are heard in Municipal Court. First, adjournment requests will be heard, meaning you're asking the judge to come back a different day to court. Then, cases which are uncontested, meaning people who wish to plead guilty. In these cases, people with attorneys go first pursuant to court rule because Attorneys are officers of the Court. Next, there will be first appearances. These are cases where you commit an offense and are advised of the charge you are facing, why you are facing that charge, ask how you plea and ask whether you are going to represent yourself or retain an attorney/public defender. Many times you should plea not guilty and ask for another court date to appear. Now, contested cases will be heard which are scheduled for trial because a plea deal could not be reached. Trials with attorneys will be heard, then trials with pro se litigants will be heard at the end of the day.

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Step 4: Speaking with the Prosecutor

Often times, you will be afforded the opportunity to speak with the prosecutor before speaking with the judge. The prosecutor will first speak with attorneys who have cases scheduled that day then speak to the pro se litigants usually in the oder which they check in. When the prosecutor calls your name, and you're a pro se litigant, he/she will advise you of the charge(s) you are facing, the maximum penalty if you're guilty and whether a plea deal can be reached. If you can reach a plea deal, you plead guilty after signing a plea form showing that you're original charge has been amended to a lesser charge. Otherwise, you'll be asked if you wish to speak to a lawyer if you face a more serious charge.

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Step 5: Speaking with the Judge

Now that you've spoken with the prosecutor, the judge will call your name. If you are pleading guilty, the judge will ask you a few questions. First, that if you're pleading guilty to the charge you agreed to on the plea form and if you're doing so voluntarily. You would answer yes. Then some judges will ask if anyone threatened, coerced or made any promises in exchange for a plea deal. You would answer no. Next the judge will ask you a series of factual questions to establish a basis by asking factual questions to make sure there is a basis for you to plead guilty. After that, the judge will ask if you're a US Citizen. You answer yes or no depending on your circumstances. Finally, the judge will ask if you're satisfied with you're attorney's services (if represented by one) and you answer Yes. After all this, the guilty plea is typically accepted and you are sentenced.

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Step 6: Sentence and Appeal

Now the judge will sentence you to either a fine, suspension of your license, probation, community service or jail depending on the charge(s) you plead guilty to. You will be afforded the opportunity to speak about issues relative to sentencing, namely reasons the sentence should be less severe. DO NOT tell the judge why you're not guilty after you've already admitted you're guilty. If you wish to appeal, you have 20 days from the day of sentence to file the appeal with the Superior Court's Appellate Division in the County which you were convicted in. The forms are online if you wish to file yourself or you can retain an appellate attorney to file the appeal for you.

Intro Post and Overview of My Blog

I. Welcome 
This is the first official post from Jeffrey Skiendziul, Attorney at Law. I created this blog entitled "Speaking with Skiendziul" as a way for me to communicate with prospective clients and give them an insight into the legal system in the State of New Jersey.

II. Contact Information
I am an attorney licensed to practice law in the State of New Jersey. My office is conveniently located in Downtown Clifton, Passaic County. The address of my office is on 1121 Main Avenue. You can get in touch with me by contacting me directly at 201-744-7903, by fax at (973)-594-8899, by my office number at (973)-685-5152 or by my email: jeff@skiendziulesq.com.

III. Types of Cases Attorney Handles
My office handles a variety of cases. I represent individuals who have been accused of committing all levels of criminal offenses in the State of New Jersey, all traffic offenses including D.W.I. in the State of New Jersey, divorces and other family matters, landlord/tenant matters as well as drafting Wills and expunge criminal records.

IV. Law Firm's Objective(s)
I opened the Skiendziul Law Firm with the purpose of providing legal service to the average person who is otherwise afraid and confused about the legal system that needs legal representation. I am going to begin by first stating that my office hours vary. As a sole proprietor, I have the freedom to schedule consultations on your time. Whether you can meet me during the weekends, at night or during regular business hours; I am here for you. I strive to give each of my clients cases the individualized attention their case needs in order to come up with the best possible outcome for their legal issue. The Firm's Motto: Make the legal representation affordable, accessible, reliable and understandable.

Many people are concerned with the cost of legal representation, particularly given the economic environment we currently find ourselves living in. The first consultation is free of charge and no obligation. In addition, I provide my clients with direct access to me so that they can contact me and receive a prompt reply to their legal issue(s).

When you come into the office, I want you to feel at ease and comfortable to open up with me. Remember, I am on your side. I am here to help you. You're speaking with me in a confidential setting. Finally, the legal system can be a complicated maze to have to walk through if you are unfamiliar with the intricate twists and turns. When you come into the office to speak with me, I aim to put the law in Plain English that you can comprehend. No fancy phrases or long winded sentences when you speak to me. We use simple words to explain to you your options and how to best resolve your case based on your unique facts and circumstances.

Don't hesitate. If you have a legal issue that you need to address, come into the office for a consultation. I look forward to being able to meet with you and offer my services.

V. Objective of the Blog
My goal is to take some time each day, or as close to it, to blog about something meaningful in the legal profession, specifically as it pertains to the areas of law that I practice and my Law Firm as well.