What should I do when I get to court?

First, check in with the court staff. Follow their instructions and the instructions of the judge. The judge will give an opening statement explaining court procedures. He or she will also explain your rights and the penalties you face. If you do not have an attorney and you need time to obtain one, the court staff can assist you with requesting a postponement.

If I choose to plead guilty and pay the fine, do I need to appear in court?

Your complaint will have a box called “Court Appearance Required.” If this box is unchecked, and if your charge is listed on the Statewide Violations Bureau Schedule or your Local Violations Schedule, you do not need to appear in court to plead guilty and pay a fine. The amount you will need to pay is specified in the appropriate schedule. You can pay your fine online, by mail, or at the court’s payment window. Paying a fine without going to court is counted as a guilty plea. In doing so, you will give up your right to a lawyer and to a trial.

What if I plead guilty in court?

The judge will first ask you questions to make sure there is a factual basis to your plea, and also to make sure it is voluntary. If he or she is satisfied on these points, the judge will make a finding and impose a sentence.

What if I plead not guilty?

If you plead not guilty, there will be a trial to determine whether you are guilty or not guilty, presided over by a judge. The prosecutor (the attorney who represents the state) will present witnesses and evidence against you. Your attorney will also have an opportunity to question each of the prosecution’s witnesses about their testimony (this is called “cross-examination”).

When the prosecutor has called all his or her witnesses, you or your attorney will have the opportunity to call your own witnesses and present evidence on your behalf. You are not required to testify, but if you do, the prosecutor will be allowed to cross-examine you.

After both sides have presented their arguments, the judge will decide if you are guilty or not guilty. If the judge finds you guilty, he or she will impose a sentence.

What happens after I am found guilty?

You will need to pay all fines ordered by the judge. You will also be required to comply with any other non-monetary parts of your sentence.

How can I appeal a court’s decision?

If you disagree with the judge’s ruling, you must appeal your case within 20 days of your conviction. You will need to pay a $75 filing fee, as well as the costs of preparing a transcript of your trial.

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Frequently Asked Questions About New Jersey Municipal Courts