What is the process and procedure generally followed by the Traffic and Criminal Courts of New Jersey?

If you are accused of a committing a traffic offense in New Jersey, the traffic ticket is either Payable or Non-Payable as indicated on the Complaint-Summons that was issued to you.

If you are accused of committing a traffic offense that is Payable, you have two options. One option is to pay the fine before the date indicated on the bottom of the Complaint-Summons that was issued to you. This is equivalent to entering a Plea of Guilty and will be recorded as a Conviction. The other option is to contest or challenge the accusations by entering a Plea of Not Guilty and request a Court Date. This should be done before the date indicated on the bottom of the Complaint-Summons that was issued to you. Then, a Notice to Appear will be issued by the Court to inform you of your Court Date. For a brief explanation of what generally happens next, please refer to the description below associated with Non-Payable matters.

If you are accused of committing a traffic offense that is Non-Payable, you must personally appear in Municipal Court to answer the accusations. The Court Date is indicated as the Notice to Appear section on the bottom of the Complaint-Summons that was issued to you. Your first court appearance is referred to as an Arraignment Hearing. During an Arraignment Hearing, a Judge will generally inform you of your Constitutional Rights, including your Right to be Represented by an Attorney, and verify that you have a copy of the Complaint-Summons, understand the accusations listed on the Complaint-Summons, and understand the potential penalties associated with the accusations. Next, a Judge will typically ask for your plea to the accusations. If you enter a Plea of Guilty, the Judge must be satisfied that the Plea was entered freely and voluntarily with full understanding and waiver of your Constitutional Rights including a Waiver of your Right to be Represented by an Attorney, and an admission to committing the accusations. If you enter a Plea of Not Guilty, the Judge will ask if you are going to hire a Private Attorney, apply for a Public Defender, or represent yourself. The second court appearance is generally referred to as a Pre-Trial Conference. During the Conference, a Judge will generally ask if all of the evidence has been exchanged and whether the case is going to resolved with a plea agreement or if you are requesting that the case be scheduled for Trial. Depending on the nature and complexity of the case, additional Conferences may be scheduled. If the case is not resolved by plea agreement, then a Trial will be scheduled. The maximum penalty for matters heard in the Municipal Court is 6 months in the County Jail.

If you are accused of committing a criminal offense in New Jersey, the case is either Indictable or Non-Indictable. Indictable generally means that the accusations are at the Felony level of our criminal code and you have a Constitutional Right to have your case reviewed by a Grand Jury to determine whether an Indictment should be returned and filed with the Court. Non-Indictable generally means that the accusations are at the Quasi-Criminal level of our criminal code and are not the subject matter for Grand Jury review.

Generally, Non-Indictable cases are heard in the Municipal Court. The Court process and procedure is similar to the one associated with Non-Payable matters. As indicated above, the maximum penalty for matters heard in the Municipal Court is 6 months in the County Jail.

If you are accused of committing an Indictable crime, you must appear before a Judge for a First Appearance Hearing. During your First Appearance Hearing, a Judge will inform you of your Constitutional Rights, including your Right to be Represented by an Attorney, and verify that you have a copy of the Complaint, understand the accusations listed on the Complaint, and understand the potential penalties associated with the accusations. Next, the Judge will typically ask if you are going to hire a Private Attorney or apply for a Public Defender.

All indictable cases are sent to the County Prosecutor's Office for their review. The County Prosecutor decides whether to file the case with the Superior Court, downgrade and remand the case to the Municipal Court, or dismiss the case. If the case is filed with a Court, a Notice to Appear will be sent out by the Court to inform you of where and when to appear.

If the case is filed with the Superior Court, the County Prosecutor has the discretion to schedule the case for a Conference in the Superior Court. If the case is resolved at the Pre-Indictment level by the entry of a Plea of Guilty to an Accusation and/or by entry into the Pre-Trial Intervention Program under an Accusation, the Judge must be satisfied that your decision is made freely and voluntarily with full understanding and waiver of your Constitutional Rights, including a waiver of your Constitutional right to have your case reviewed by a Grand Jury, and in the case of a Plea of Guilty, a waiver of your Constitutional Right to a Trial. This decision is significant because the Accusation becomes the legal equivalent of a formal Indictment and any Plea of Guilty is the legal equivalent of a conviction.

​If your case is not resolved Pre-Indictment, the case will be sent to the Grand Jury to determine if sufficient evidence exists to formally accuse you of committing a crime. You also have the right to a Probable Cause Hearing before a Judge in the Superior Court. However, if the Grand Jury decides sufficient evidence exists, an Indictment will be returned and filed with Superior Court listing the formal accusations. The next court appearance in Superior Court is generally referred to as the formal Arraignment Hearing. During an Arraignment Hearing, a Judge will generally inform you of your Constitutional Rights and verify that you have a copy of the Indictment, understand the formal accusations listed in the Indictment, and understand the potential penalties associated with the formal accusations. Next, a Judge will typically ask for your Plea to the accusations in the Indictment. Upon entry of a Plea of Not Guilty, often the Judge will enter an Order listing important dates and deadlines, such as Pre-Trial Conferences, Motion Filing Date, Plea Cut Off Date, and a Trial Date. During the Conferences, a Judge will generally ask if all of the evidence has been exchanged, whether any Motions are going to be filed, and if the case is going to resolved with a plea agreement or if the case should be scheduled for Trial with Jury selection.

The above is a brief overview of the Court process and procedure. Certain types of crimes and offenses are handled differently based upon unique facts and circumstances. You should always contact an experienced defense attorney immediately if you are suspected or accused of committing any offense or crime.