Municipal Court Procedures

Provided below are explanations and definitions of common procedures which you may encounter in Municipal Court. These explanations are provided as a courtesy and are not to be considered legal advice.

Mandatory Court Appearances

For most violations, you may elect to simply pay the required fine and avoid a court appearance. However, in some cases a court appearance is mandatory.

If the officer who issued your ticket checked either the "Court Appearance Required" or "Personal Injury" box on the lower left corner of the Summons, you must appear in Court on the scheduled date. Certain violations are "non payable" and require an appearance in Court. Court appearances are always required in criminal matters.

Also, in any case in which you wish to plead not guilty and contest the Summons in a trial before the Judge, your appearance in Court will be required at the trial.

The Procedure to Plead Not Guilty

If you do not believe that you are guilty of the offense(s) with which you were charged, you must plead not guilty and request a trial. If you intend to plead Not Guilty to a summons and wish to avoid a "First Appearance" as discussed below, you must notify the Court at least seven (7) days in advance of the scheduled court date. The court date is written in the Notice to Appear box at the bottom right side of the summons. You may plead Not Guilty by calling the Court and entering your plea and a trial date will be scheduled for you to appear.

If you do not plead not guilty at least seven (7) days in advance and do not pay the fine, you must appear on your scheduled court date to enter your plea of Not Guilty.

Plea By Mail

In all traffic cases, except those involving indictable offenses, accidents resulting in personal injury, operation of a motor vehicle while under the influence of intoxicating liquor or a narcotic or habit producing drug or permitting another person who is under such influence to operate a motor vehicle owned by the defendant or in the defendant's custody or control, reckless driving or leaving the scene of an accident, the court may permit the defendant to present a statement in defense or mitigation of penalty imposed upon conviction or enter a guilty plea by certification, provided the court determines that it would be an undue hardship on the defendant to require an appearance in person at the time and place set for trial, and the defendant, having been fully informed of his of his or her right to a reasonable postponement of the trial, waives in writing the right to be present at the trial.

A copy of the form for a Plea by Mail can be obtained by clicking on the link below:

Plea By Mail

The First Appearance

If you choose not to pay your fine or plead "Not Guilty" via telephone and instead you appear in Court, (or if your appearance is Mandatory as discussed above), your appearance on your scheduled Court date is called your "First Appearance".

At your First Appearance, the Judge will give an opening statement detailing court procedures and the defendant's rights and potential penalties. The Court Administrator will then call the court docket, by announcing each case by the name of the Defendant. At that time, you would go before the Judge and enter your plea of Not Guilty. At that time you may apply for and, if qualified, be assigned a Public Defender or you may request that your case be adjourned to another date to allow you to obtain a private attorney.

Your case will then be scheduled for a trial date and you will be sent notice of that date in the mail. On the trial date, you must have with you any evidence or witnesses you intend to use or call in support of your case. At your first appearance you may also elect to plead guilty to the charge, (or a lesser charge pursuant to a Plea Agreement), and pay the fine and court costs.

Plea Agreements

Plea agreements are a way to settle a case. If you believe that the facts in your case justify a different or lesser charge than the Summons you were given, you will have an opportunity to speak to the Municipal Prosecutor before the court session begins. The Prosecutor is an attorney representing the state.

If the Prosecutor, after consulting with the Police Officer who issued your Summons, agrees that the facts may support a lesser or amended charge, he or she may reach a "Plea Agreement" with you. In the Plea Agreement, you agree to waive your right to a trial and plead guilty to the lesser or amended charge and pay the fine and court costs.

All plea agreements must be presented to and approved by the Judge, who will ask you questions to confirm that you understand the plea agreement and are knowingly and willingly waiving your right to a trial.

Postponements

Postponements are not granted on the day of court. Postponement requests must be submitted prior to the Court date and must state the grounds or reasons for which the postponement is sought.

The Judge will review your request and make a determination regarding a postponement of your case. If the Judge finds sufficient cause and your case is postponed you will be notified and you will receive a new court date by mail.

The Court will accept "letters of representation" by fax from an attorney up to two hours before the scheduled Court Session.

Citizen Complaints

Under New Jersey law, in addition to Police Officers and Local Enforcement Officials, private citizens have a right to file a complaint in municipal court.

To file a complaint with the Township of Mine Hill Municipal Court the incident that provoked the complaint must have occurred within the Township of Mine Hill. If the incident occurred in another municipality the complaint must be filed with the court having jurisdiction.

To file a complaint with the Municipal Court, you must obtain, complete, and file an Affidavit. An Affidavit is a sworn statement of facts. Your Affidavit must describe the events that took place in a truthful and accurate manner to the best of your ability. The Affidavit Is used to determine Probable Cause.

It may be helpful in processing your complaint if you provide a copy of the incident or accident report.