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.