The Lawyer's Corner

Municipal Court in New Jersey

By: Fred S. Scampato, Esq.

The New Jersey judicial system strives as being fair and just to pro se litigants. Many steps have been taken to make sure that the pro se individuals have the ability to represent themselves competently in court. However, the court that most people will likely visit, municipal court, (generally) provides the least help to pro se litigants. The following are some things to consider if you find that you are defending yourself or bringing a complaint in a municipal court:

1. After being stopped by police, identify yourself, if asked. If the incident relates to a motor vehicle, produce your license, registration, and insurance card, if asked.

2. Beyond identifying yourself, give no other information. Answer no other questions, sign nothing. If you are asked any other questions, reply politely, "I would rather not discuss it.".

3. Contact an attorney or the American Pro se Association immediately. The American Pro Se Association can help you organize your materials and arrange for a qualified attorney to review the matter, edit your papers and coach you for a nominal cost.

4. When you receive a summons to court, make sure you make it to court. If you miss one court date, the court will issue a failure to appear. If you miss two court dates, the court will issue a warrant for your arrest. Even if you know that you have been wrongfully prosecuted, it is imperative that you attempt to work within the system.

5. If you have been charged with a traffic violation, make sure that you request discovery from the prosecutor, prior to your trial date.

6. If you have witnesses who will collaborate your story, go to an attorney or the American Pro Se Association and find out how to subpoena them to be witnesses for your trial.

7. Either go to a competent attorney or prepare for your defense. In order to prepare for your defense yourself, go to the American Pro Se Association and look up the statute or ordinance that you have been charged with and any relevant, on point, case law. Remember, the state has to prove each and every element of the statute in order to convict you. Ascertain whether there are any defenses available to you for the violation that you have been charged with.

8. On the date of trial, speak to the prosecutor to see if he/she would be willing to offer you a plea bargain. Prosecutors will often be willing to amend the charge to a violation with lesser penalties, if you are willing to plead to the lesser charge. This is how a prosecutor can quickly move his/her calendar. However, you need to learn about the consequences of pleading to a specific charge or violation.

9. If you want to bring a complaint against someone in municipal court, call the police department of the municipality where the incident took place, and find out how to bring a complaint. It would be a good idea to contact an attorney or the American Pro Se Association to see if you have a valid basis for a complaint. Remember, you will be acting as an adversarial party in this instance and it is likely that you will not get any help from the municipal prosecutor at the time of trial. Make sure you know the elements of the statute or ordinance that you are using in your complaint. You will have to prove each and every element of the statute in order to convict the individual. Go to a competent attorney or the American Pro Se Association to adequately prepare for trial.

10. Remember, whether you are a complainant or a defendant, always keep your cool in court. Municipal court is nothing like court on television and it is not beneficial for you to go on an emotional rampage, even if you know you are in the right. If you are a defendant it is important to get on the record all objections, facts, and points of law upon which you may appeal to a higher court.

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Editor's Note: The procedure of the American Pro Se Association is to help a person by: 1) providing information to organize a rough draft on a PC; 2) arrange for a person to see an appropriate attorney for a review at a special low rate and 3) then provide a PC, copier or other resources for the individual to implement the attorney's recommendations.

Cherlyn S. Kipple - Acting Editor

View the ICLE PDF seminar notes for this topic.