The Law Firm of Puff & Cockerill LLC has many years of experience in representing individuals charged with traffic and other minor criminal offenses in the municipal courts of the State of New Jersey. The following are some important issues and/or frequently asked questions pertaining to the municipal court practice and traffic/criminal offenses in general. Should you need further information, however, please do not hesitate to Contact us.

Question: Why do I need a lawyer for a municipal court offense?

There are several reasons why no one should ever go to municipal court without the assistance of an attorney. You should remember that the municipal courts of our state hear more cases than any other court in our judicial system, which means that the municipal court has an impact on the lives of more individuals than any other court. The mishandling of a municipal court charge can result in hundreds, if not thousands of dollars of unnecessary fines and costs, points on one's driver's license (again resulting in additional costs), the loss of one's driving privileges and the loss of one's freedom (incarceration). A knowledgeable attorney will be able to work the legal technicalities of the statutory code and case law, so as to have charges dismissed and/or downgraded, saving the client a great deal in time, expense, and aggravation. Remember, most municipal courts handle numerous cases in short periods of time. It is those individuals who are represented who are given the appropriate respect and attention by the court and the prosecutor. It is an unfortunate fact of the system that many individuals are railroaded through the municipal court system. Don't be one of those unfortunate individuals.

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Question: If I believe I am innocent of the charges, shouldn't I cooperate with the police officer and give a statement upon request?

Answer: No. We believe that you should never give a statement to the police concerning an incident, even if you believe yourself totally innocent of the charges, without first reviewing your matter with an attorney and having him or her present for the statement. Remember you have a constitutional right to remain silent. Should you choose to remain silent the court cannot hold your decision against you. There are many reasons for this advice, the most compelling of which are as follows:

1. You may think you are completely innocent, however, in reality, under the statute in question you are, in fact, guilty of the offense. By speaking with the police you may only confirm information already in their possession which supports your conviction.
2. The police may not have sufficient evidence to convict you of the charge. That's why they are questioning you. By giving a statement you may unknowingly give them the last piece of evidence which they need to secure your conviction.
3. Like in other areas of life, there are good law enforcement officers and bad law enforcement officers. By giving a statement to a unscrupulous law enforcement officer, without your lawyer present, you may be giving him enough information to use to misconstrue and twist your statement for the purpose of securing your conviction. Do not help a bad officer abuse the system.
4. In most cases, there is nothing to be gained by telling your story to the police. If a police officer is questioning you about an incident, with the belief that you are involved, he likely has already decided to charge you with an offense. He is questioning you to gather additional supportive information or hoping to obtain a confession. Since the police officer does not decide your guilt or innocence, you would do better to tell your side of the story to the judge, and again, only after your attorney has determined that it is in your best interest to give a statement at all.
5. Many times your best and only defense is to remain silent. Don't take away your best defense by giving a statement to the police.

In refusing to give a statement you should always remain courteous towards the police officer. Indicate that while you would like to cooperate with the police, upon advice of counsel, you have decided to exercise your constitutional right to remain silent.

Lastly, don't be fooled by the police officer into giving a statement either by threats or promises. Police officers are not legally permitted to threaten individuals into giving a statement. You cannot be convicted of additional offenses for refusing to give a statement. Remember you have a constitutional right not to testify. Any promises a police officer makes, such as "I'll go light on you if cooperate" generally do not come to fruition and are often made because the officer needs your statement to obtain a conviction. Put succinctly, without your help, he'll have no case.

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Question: If I receive a ticket or summons to municipal court, what should I do?

Answer: You should contact an attorney immediately and seek a consultation on the issues presented by your case. Again, remain silent. Do not give a statement to the police, however, be polite and cooperative to the police officer.

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Question: What are the major tickets that can be issued and heard in the municipal court?

A. Speeding

The charge of speeding is divided into three levels under New Jersey law:

The fine generally ranges from $50.00 to $200.00, with the potential for short license suspensions and incarceration up to 15 days, all depending on the speed involved and whether anyone was injured in connection with the operation of the vehicle.

Everyone is becoming more and more aware of the ability of insurance companies to surcharge individuals based on the number of points a person has on his driver's license. Because of the high costs involved in these insurance surcharges, there is much that an attorney can do in terms of representing a client on a speeding ticket. Often attorneys can be successful in negotiating a plea bargain to either a lesser speed or a no point ticket, thereby saving the client large sums of monies in insurance surcharges.

While on its face, a speeding ticket may not seem like a big deal, the reality is that a speeding ticket can be a very costly problem. An attorney can often take the sting out of such an event.

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B. Driving While Revoked or Suspended

One of the most serious charges an individual may face in municipal court is a charge of driving while suspended or revoked. Not only are the fines and surcharges extreme, but the potential for significant loss of driving privileges and incarceration is present as well. The good news is, however, that driving while revoked or suspended charges are areas where the courts have given great latitude to prosecutors and law enforcement officers in reaching reasonable and just resolutions.

The penalties for driving while revoked or suspended are severe:

1. First offense - $500.00 fine, plus costs, loss of license for up to six months;
2. Second offense - $750.00 fine, plus costs, loss of license for up to six months and up to 5 days in jail;
3. Third or subsequent offense - $1000.00 fine, plus costs, loss of license for up to six months and a mandatory 10 days in jail.

In addition to the above penalties in the event there is an accident where someone is injured, you would be facing a mandatory 45 days in jail. If your suspension was for driving while under the influence or no insurance, in addition to the above penalties, you could be assessed an additional $500.00, 1-2 years loss of license and shall be imprisoned for 10 to 90 days. Lastly, if the reason for your conviction is failure to pay surcharges, you will be assessed an additional fine of $3,000.00. Be advised that a driving while revoke or suspended charge also carries a $250.00 per year for three years surcharge, assessed through the Division of Motor Vehicles.

The most important aspect of handling a charge of driving while revoked or suspended is to take it seriously and immediately go to the Division of Motor Vehicles to determine what you can do to straighten out your driving privileges. If you can get your privileges restored, you should do so immediately. Walking into the court on the return date of your charges, with a well skilled lawyer and restored driving privileges will go far in saving you thousands of dollars in municipal court.

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C. Driving Without Insurance

The penalties for driving without liability insurance are severe to say the least. The minimum mandatory penalties are:

1. First offense - a fine of $300.00, plus costs and loss of driving privileges for 1 year.
2. Second or subsequent offense - a fine of $500.00, plus costs, loss of driving privileges for 2 years, jail for 14 days and community service for a period of 30 days.

While it has become more and more difficult to defend individuals charged with driving without insurance, there remain many legitimate defenses to the charge. On many occasions an individual has been wrongfully cancelled by his or her insurance carrier. At times, there may be other sources that would provide coverage, such as another policy in a person's household or possible the facts of the case are such that the law doesn't even apply to the vehicle the person is operating. In any event, the charge is severe and representation is a smart move.

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D. Driving While Under the Influence

Publicity has left no doubt that the most severe charge one can face in a New Jersey Municipal Court is driving while under the influence (DWI). A conviction for DWI can drain your financial resources and destroy your ability to work and survive. If charged with DWI you should immediately seek representation to insure that your rights are not being trampled upon and that there is no alternative to such a devastating conviction.

As indicated the penalties are harsh:

1. First Offense - $250.00 to $400.00 fine, $100.00 DWI surcharge, $75.00 safe neighborhood penalty, $50.00 Violent Crimes Compensation Penalty, court costs, 6 months to 1 year loss of license, 12 hours in an IDRC program and up to 30 days imprisonment. On top of this a $1,000.00 per year for 3 year insurance surcharge by the Division of Motor Vehicles.
2. Second Offense - $500.00 to $1,000.00 fine, $100.00 DWI surcharge, $75.00 safe neighborhood penalty, $50.00 Violent Crimes Compensation Penalty, court costs, 2 year loss of license, 48 hours in an IDRC program in lieu of 48 in jail, 30 days of community service and up to 90 days imprisonment. On top of this a $1,000.00 per year for 3 year insurance surcharge by the Division of Motor Vehicles.
3. Third Offense - $1,000.00 fine, $100.00 DWI surcharge, $75.00 safe neighborhood penalty, $50.00 Violent Crimes Compensation Penalty, court costs, 10 year loss of license, and 180 days in mandatory jail time, 1/2 of which may be done in community service and the other 1/2 in an in-patient rehabilitation program. In addition to this a $1,500.00 per year for 3 year insurance surcharge by the Division of Motor Vehicles.

Do not believe that simply because you have been charged, there is nothing a lawyer can do to assist you with such a problem as a DWI charge. Often there are defenses which can be raised which would result in a downgrading of your charge. If nothing can be done to prevent a conviction, there may be angles that can be used to minimize the penalty in the sentencing aspect of your case. The consequences are simply too severe to not seek legal advise on handling a DWI charge.

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The information set forth above constitutes general answers to certain questions pertaining to New Jersey municipal court law and is not intended or designed to replace the advice of an attorney after a careful review of the individual facts of your case. Please read our site wide legal disclosure.