WE ARE AN INDEPENDENT BRANCH OF GOVERNMENT CONSTITUTIONALLY ENTRUSTED WITH THE FAIR AND JUST RESOLUTION OF DISPUTES IN ORDER TO PRESERVE THE RULE OF LAW AND TO PROTECT THE RIGHTS AND LIBERTIES GUARANTEED BY THE CONSTITUTION OF THE UNITED STATES AND THIS STATE.
MUNICIPAL COURT JUDGE: JOHN G. D'ANGELO
MUNICIPAL PROSECUTOR: RALPH M. FAVA
CERTIFIED MUNICIPAL COURT ADMINISTRATOR: JANET L. LUBERTO
DEPUTY COURT ADMINISTRATOR; MARYELLEN WUNSCH
MAILING ADDRESS; 130 KINNELON ROAD
KINNELON, N.J. 07405
HOURS OF OPERATION FOR PUBLIC: 9:30 AM - 3:30 PM
YOUR RIGHTS AS A DEFENDANT IN THE MUNICIPAL COURTS IN THE STATE OF NEW JERSEY
1. YOUR ARE PRESUMED TO BE INNOCENT UNTIL PROVEN GUILTY BEYOND A REASONABLE DOUBT.
2. YOU HAVE THE RIGHT TO BE INFORMED OF THE CHARGES AGAINST YOU.
3. YOU HAVE THE RIGHT TO REMAIN SILENT CONCERNING THE CHARGES AGAINST YOU, AND ANYTHING YOU SAY MAY BE HELD AGAINST YOU.
4. YOU HAVE THE RIGHT TO RETAIN AN ATTORNEY.
5. YOUR HAVE THE RIGHT TO BE ASSIGNED AN ATTORNEY IF THE JUDGE DETERMINES THAT YOU CANNOT AFFORD AND ATTORNEY, AND THERE IS A LIKELIHOOD THAT IF YOU ARE CONVICTED, YOU WILL EITHER GO TO JAIL, RECEIVE A SUBSTANTIAL FINE OR YOU DRIVER'S LICENSE WILL BE SUSPENDED.
6. YOU HAVE THE RIGHT TO REQUEST A REASONABLE POSTPONEMENT SO THAT YOU MAY HAVE AN OPPORTUNITY TO CONSULT WITH YOUR ATTORNEY AND PREPARE A PROPER DEFENSE.
7. YOU HAVE THE RIGHT TO TESTIFY OR NOT TO TESTIFY ON YOUR OWN BEHALF.
8. YOU HAVE THE RIGHT TO CALL OR SUBPOENA WITNESSES TO TESTIFY ON YOUR BEHALF.
9. YOU HAVE THE RIGHT TO APPEAL WITHIN TWENTY (20) DAYS OF ANY CONVICTION.
IF YOU THINK YOU NEED THE SERVICES OF AN INTERPRETER PLEASE NOTIFY THE MUNICIPAL COURT ADMINISTRATOR PRIOR TO YOU APPEARANCE DATE
IF YOU HAVE RECEIVED A TICKET YOU MAY PLEAD GUILTY AND PAY THE PENALTY IF THE OFFENSE IS PAYABLE AND THE "COURT APPEARANCE REQUIRED" BOX ON THE FRONT OF THE TICKET IS NOT CHECKED.
TO MAKE A PAYMENT VIA THE INTERNET OR FOR MORE INFORMATION LOG ON TO : www.njmcdirect.com
IF THE OFFENSE IS NOT PAYABLE OR A COURT APPEARANCE IS REQUIRED YOU MUST APPEAR IN COURT ON THE DATE AND TIME INDICATED EVEN IF YOU WISH TO PLEAD "GUILTY"
IF YOU WISH TO PLEAD NO GUILTY YOU MUST NOTIFY THE COURT AT LEAST SEVEN (7) DAYS PRIOR TO YOUR COURT DATE. IF YOU FAIL TO NOTIFY THE COURT IT MAY BE NECESSARY FOR YOU TO MAKE ADDITIONAL COURT APPEARANCES.
IF YOU FAIL TO APPEAR IN RESPONSE TO THE SUMMONS OR TO PAY THE PRESCRIBED PENALTY, ADDITIONAL PENALTIES MAY RESULT. A WARRANT MAY BE ISSUED FOR YOUR ARREST AND YOUR DRIVING PRIVILEGES IN NEW JERSEY MAY BE SUSPENDED. IF THIS IS A PARKING TICKET, YOUR FAILURE TO APPEAR OR PAY THE PRESCRIBED PENALTY SHALL BE CONSIDERED AN ADMISSION OF LIABILITY AND A DEFAULT JUDGMENT MAY BE ENTERED AGAINST THE OWNER OF THE VEHICLE.
EXCEPT FOR A PARKING TICKET, A RECORD OF THE CONVICTION WILL BE SENT TO THE MOTOR VEHICLE COMMISSION (MVC) THAT ISSUED YOU LICENSE EFFECTIVE SEPTEMBER 30, 2005. IF YOU HOLD A COMMERCIAL DRIVER'S LICENSE AND YOU ARE CONVICTED OF TWO OR MORE SERIOUS TRAFFIC VIOLATIONS, THE MVC MAY, DEPENDING OF YOUR RECORD SUSPEND YOUR COMMERCIAL DRIVING PRIVILEGES EVEN IF THE VIOLATIONS WERE COMMITTED IN A NON-COMMERCIAL MOTOR VEHICLE. FOR MORE INFORMATION, VISIT THE OFFICIAL MVC WEB SITE AT http://www.state.nj.us/mvc/
PLEASE NOTE: IF "SAFE CORRIDOR' '65 MPH ZONE' OR 'CONSTRUCTION ZONE' IS CHECKED ON THE FACE OF YOUR TICKET YOU MUST CONTACT THE COURT TO DETERMINE THE PENALTY BECAUSE CERTAIN FINES ARE DOUBLED IN THOSE AREAS
THE AMOUNTS OF FINES ARE ON THE STATEWIDE OR LOCAL VIOLATIONS BUREAU SCHEDULES. THESE SCHEDULES ARE AVAILABLE FOR REVIEW AT THE MUNICIPAL COURT OFFICE. THE STATEWIDE VIOLATIONS BUREAU SCHEDULE IS ALSO POSTED ON THE INTERNET AT http://www.judiciary.state.nj.us/
YOUR DAY IN COURT
PRIOR TO ENTERING THE COURTROOM PLEASE TURN OFF OR SILENCE YOUR PHONE OR PAGER.
WHEN YOU GET TO COURT, CHECK IN WITH THE COURT OFFICER WHO IS PRESENT IN THE FOYER OF THE COURTROOM
FOR SECURITY PURPOSES YOU WILL BE ELECTRONICALLY SCANNED
ALL COURT PROCEEDINGS ARE RECORDED. PLEASE REMAIN QUIET UNTIL IT IS YOUR TURN TO SPEAK
THE JUDGE WILL GIVE AN OPENING STATEMENT EXPLAINING COURT PROCEDURES, DEFENDANTS' RIGHTS AND PENALTIES
A CASE MAY BE POSTPONED TO GIVE YOU TIME TO OBTAIN REPRESENTATION BY A PRIVATE ATTORNEY OR BY A PUBLIC DEFENDER IF YOU QUALIFY. IF YOU ARE SEEKING REPRESENTATION BY THE COURT APPOINTED PUBLIC DEFENDER YOU MUST CONTACT THE COURT SO YOU MAY BE PROVIDED WITH A FINANCIAL QUESTIONNAIRE WHICH MUST BE FULLY COMPLETED SINCE YOUR QUALIFICATION IS DETERMINED BY THE INFORMATION PROVIDED ON THE QUESTIONNAIRE AND YOUR PREVIOUS YEAR INCOME TAX FORMS. THERE IS A $200 NON-REFUNDABLE APPLICATION FEE TO OBTAIN A PUBLIC DEFENDER.
A PLEA AGREEMENT IS A WAY TO SETTLE A CASE. PLEA AGREEMENTS ARE NEGOTIATED WITH THE PROSECUTOR, AN ATTORNEY WHO REPRESENTS THE STATE. YOU WILL BE GIVEN AN OPPORTUNITY TO SPEAK TO THE PROSECUTOR TO TRY TO SETTLE YOUR CASE. YOU MUST ADVISE THE COURT AT LEAST SEVEN (7) DAYS PRIOR TO YOUR COURT DATE THAT YOU WOULD LIKE TO SPEAK WITH THE PROSECUTOR OR YOU MAY BE REQUIRED TO MAKE ANOTHER APPEARANCE. YOU ARE NOT REQUIRED TO SPEAK TO THE PROSECUTOR. ALL PLEA AGREEMENTS MUST BE APPROVED BY THE JUDGE.
IF YOU PLEAD GUILTY IN COURT, THE JUDGE WILL ASK QUESTIONS RE-GARDING THE OFFENSE CHARGED TO MAKE SURE THERE ARE FACTS TO SUPPORT THE GUILTY PLEA AND TO DETERMINE THAT YOUR PLEA IS VOLUNTARY. THE JUDGE WILL THEN MAKE A FINDING AND IMPOSE A SENTENCE. IF YOU PLEAD GUILTY OR ARE FOUND GUILTY OF TRAFFIC OFFENSES IN COURT, THE PENALTIES LISTED ON THE VIOLATIONS BUREAU SCHEDULE DO NOT APPLY
IF YOU PLEAD NOT GUILTY, THE JUDGE WILL PRESIDE OVER A TRIAL TO DETERMINE WHETHER YOU ARE GUILTY OR NOT GUILTY. THE TRIAL MAY BE HELD THAT DAY, BUT IN CERTAIN CIRCUMSTANCES MAY BE RE-SCHEDULED
IN A TRIAL THE PROSECUTOR FIRST WILL CALL THE STATE'S WITNESSES (WITNESSES AGAINST YOU). THEY WILL ANSWER THE PROSECUTOR'S QUESTIONS AND PRESENT ANY OTHER EVIDENCE THEY HAVE. WHEN THE PROSECUTOR IS FINISHED WITH EACH WITNESS, YOU, OR YOUR ATTORNEY, WILL BE PERMITTED TO ASK THEM QUESTIONS ABOUT THEIR TESTIMONY.
WHEN THE PROSECUTOR'S CASE IS COMPLETE, IT WILL BE YOUR TURN TO CALL WITNESSES AND PRESENT EVIDENCE ON YOUR BEHALF. YOU MAY TESTIFY, ALTHOUGH YOU ARE NOT REQUIRED TO DO SO. IF YOU TESTIFY, THE PROSECUTOR CAN ASK YOU QUESTIONS (CROSS-EXAMINE YOU). AFTER ALL WITNESSES AND EVIDENCE HAVE BEEN PRESENTED, THE JUDGE WILL DECIDE WHETHER YOU ARE GUILTY OR NOT GUILTY. IF YOU ARE FOUND GUILTY, THE JUDGE WILL IMPOSE A SENTENCE. YOU WILL BE REQUIRED TO PAY ALL MONETARY PENALTIES AS ORDERED BY THE JUDGE. UNDER CERTAIN CIRCUMSTANCES, THE COURT MAY PERMIT YOU TO PAY OVER A PERIOD OF TIME. YOU WILL BE GIVEN INSTRUCTION ON HOW TO COMPLY WITH ANY OTHER PARTS OF YOUR SENTENCE.
IF YOU DISAGREE WITH THE JUDGE'S DECISION, YOU MAY APPEAL. BUT IF YOU APPEAL, YOU MUST FILE THE APPEAL WITHIN TWENTY (20) CALENDAR DAYS OF YOUR CONVICTION. YOU WILL BE REQUIRED TO PAY A DEPOSIT THAT WILL BE APPLIED AGAINST THE COST OF PREPARING A TRANSCRIPT OF THE TRIAL. YOU ALSO WILL BE REQUIRED TO PAY A $75 FILING FEE. PLEASE ASK THE COURT STAFF TO PROVIDE YOU WITH A COPY OF THE APPEAL PACKET, "HOW TO APPEAL A DECISION OF A MUNICIPAL COURT." INFORMATION ON REPRESENTING YOURSELF IN AN APPEAL IS ALSO AVAILABLE AT http://www.judiciary.state.nj.us THE JUDICIARY'S PEOPLE WHO DO NOT COME TO COURT WHEN SUMMONED OR SUBPOENAED, MAKE PAYMENTS AS REQUIRED, OR COMPLY WITH OTHER REQUIREMENTS OF THEIR SENTENCES, FACE ADDITIONAL PUNISHMENTS INCLUDING FINES, DRIVERS' LICENSE SUSPENSION, ARREST AND JAIL.
PRIVATE CITIZEN COMPLAINTS
PRIVATE CITIZENS WISHING TO SIGN COMPLAINTS MUST FIRST FILE A POLICE REPORT WITH THE POLICE DEPARTMENT AND THEN CALL THE COURT OFFICE TO SET UP AN APPOINTMENT TO SIGN COMPLAINTS. YOU MUST BRING A COPY OF THE POLICE REPORT WITH YOU. NO CITIZEN COMPLAINTS WILL BE TAKEN AFTER 3 PM OR ON FRIDAYS. CITIZEN COMPLAINTS WILL BE TAKEN BY APPOINTMENT ONLY.
WHEN CERTAIN CASES INVOLVE A DISPUTE BETWEEN YOU AND ANOTHER PRIVATE CITIZEN, YOU MAY BE REQUIRED TO PARTICIPATE IN A DISCUSSION WITH MEDIATORS TO ATTEMPT TO SETTLE THE DISPUTE IN A NON-COURTROOM SETTING.