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Criminal Cases in New Jersey Municipal Court
All week long, police in a given town or city, together with county and state police, issue summonses and make arrests for all sorts of illegal activity. A judge or official of the local court may determine that there is probable cause to make an arrest. Where the case goes from there depends on the nature of the matter.
Every week, an assistant county prosecutor reviews all crime reports originating in that county’s various municipalities. Some matters, such as littering and creating a disturbance, are usually violations of a local ordinance, which gives the municipal court immediate and exclusive jurisdiction. Such cases will always be heard in municipal court.
Crimes, however, are the province of the state, and serious criminal cases may only be heard there. Murders and bank robberies obviously are state offenses. These cases will always be heard in Superior Court.
There is a large group of crimes, however, which may be sent back down to the municipality. Minor assaults, harassment, domestic violence with minimal injuries, possession of small amounts of drugs, some theft crimes, are all in this category. The most serious of these are sent to Superior Court in the county seat for possible indictment. The rest are sent back down (“remanded”) to the municipality for resolution by the municipality.
Once a crime has been remanded to municipal court, it must be heard as a Disorderly Persons Offense or Petty Disorderly Persons Offense. As such, the maximum penalty a judge can impose is six months in jail, as opposed to 18 months (4th degree) or 5 years (3d degree) if the matter is kept “upstairs.”
Of course, the judge can also impose thousands of dollars in fines in some cases, along with ordering community service, revocation of driving privileges, probation, restitution of property that was stolen, damaged or destroyed, psychological testing, anger counseling, urine monitoring and so on, if appropriate.
An experienced attorney can often negotiate a plea bargain that can keep you out of jail or off probation, prevent you from getting a criminal record, and reduce your fines and penalties. We take pride in achieving excellent results in municipal courts throughout New Jersey. We go to municipal court in all 21 counties in New Jersey.
Contact us 973-275-1313 for a confidential appointment.
Every week, an assistant county prosecutor reviews all crime reports originating in that county’s various municipalities. Some matters, such as littering and creating a disturbance, are usually violations of a local ordinance, which gives the municipal court immediate and exclusive jurisdiction. Such cases will always be heard in municipal court.
Crimes, however, are the province of the state, and serious criminal cases may only be heard there. Murders and bank robberies obviously are state offenses. These cases will always be heard in Superior Court.
There is a large group of crimes, however, which may be sent back down to the municipality. Minor assaults, harassment, domestic violence with minimal injuries, possession of small amounts of drugs, some theft crimes, are all in this category. The most serious of these are sent to Superior Court in the county seat for possible indictment. The rest are sent back down (“remanded”) to the municipality for resolution by the municipality.
Once a crime has been remanded to municipal court, it must be heard as a Disorderly Persons Offense or Petty Disorderly Persons Offense. As such, the maximum penalty a judge can impose is six months in jail, as opposed to 18 months (4th degree) or 5 years (3d degree) if the matter is kept “upstairs.”
Of course, the judge can also impose thousands of dollars in fines in some cases, along with ordering community service, revocation of driving privileges, probation, restitution of property that was stolen, damaged or destroyed, psychological testing, anger counseling, urine monitoring and so on, if appropriate.
An experienced attorney can often negotiate a plea bargain that can keep you out of jail or off probation, prevent you from getting a criminal record, and reduce your fines and penalties. We take pride in achieving excellent results in municipal courts throughout New Jersey. We go to municipal court in all 21 counties in New Jersey.
Contact us 973-275-1313 for a confidential appointment.