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Municipal Court

Advice to the Public
Your Rights in the Municipal Courts

Judge Carl Cavagnaro

Mildred Collazzo, Court Administrator

Work: (856) 697-1781

Work Address: 616 Central Ave. Minotola, NJ 08341

Office Hours: [9am-4pm Monday-Friday]

Services Provided:

Provide information to the public concerning traffic tickets and court.

 

Run Municipal Court.

 

 


Advice to the Public

1. Call court 7 days in advance if you intend to plead not guilty.

2. Call court if violation is not listed on the back of the ticket.


Your Rights in the Municipal Courts

You have the RIGHT TO BE INFORMED OF THE CHARGES against you.

You have the RIGHT TO REMAIN SILENT concerning the charges against you, and anything you say may be held against you.

You may plead GUILTY or NOT GUILTY to certain nonindictable charges against you, such as traffic offenses, disorderly persons offenses and ordinances.

If you are charged with an INDICTABLE offense, the judge cannot ask for your plea because you have to right to a probable cause hearing before the judge and a trial by jury at the county level of the Grand Jury indicts you.

There are, however, certain INDICTABLE offenses that may be tried by the judge if you waive indictment and trial by jury in writing and the county persecutor consents. You have the right to be informed of you have been charged with such an offense.

You have the RIGHT TO RETAIN AN ATTORNEY.

You have the RIGHT TO BE ASSIGNED AN ATTORNEY if:

You are charged with an indictable offense and the state public defender determines that you cannot afford an attorney, OR

You are charged with a non-indictable offense and the judge determines you cannot afford an attorney and there is no likelihood that if you are convicted you will either go to jail, receive a substantial fine, or you driver's license will be suspended.

You have the right to obtain a REASONABLE POSTPONEMENT so that you have an opportunity to consult with your attorney and prepare a proper defense.

You are PRESUMED TO BE INNOCENT until proven guilty beyond a reasonable doubt. For some violations, the required proof is by the preponderance of the credible evidence as, for example, violation proceedings, Breathalyzer refusal violations, Penalty Enforcement Actions, Fish and Games, etc.

You have the RIGHT TO TESTIFY or NOT TO TESTIFY in your behalf.

CASES USUALLY WILL BE HEARD IN THIS ORDER

Applications for adjournments

Guilty pleas

Contested matters with an attorney.

Other contested matters.

IF YOU COME TO COURT FOR A TRAFFIC OFFENSE and you have not previously notified the court of you intention to plead NOT GUILTY, speak to the court administrator immediately. If the officer or others involved can be contacted to testify, you case may be heard. If they cannot be reached, you will have to make another court appearance at a later date.

WHEN YOU PLEAD GUILTY , it is not necessary to have a trial. You have admitted that you have violated the law. However, you may then explain to the judge any extenuating circumstances. The judge will then impose sentence.

IF YOU PLEAD NOT GUILTY, you and the witnesses will be placed under oath to speak the truth. It is necessary for the prosecution to prove the charges against you. You attorney has the right to ask the prosecution's witnesses any questions pertaining to the charges. If you do not have an attorney, present your questions for the witness to the judge.

WHEN THE PROSECUTION HAS FINISHED, you may then present you own witnesses or testify in your own behalf. You are not forced to testify against yourself, but you may testify if you desire. Any evidence you give may be used by either side. If you do testify, the prosecution has the right to ask you any questions pertaining to the charges.

WHEN ALL THE WITNESSES HAVE TESTIFIED, you or your attorney may tell the court why you think you should be found Not Guilty.

If the court finds you Guilty, and you feel the judgment or the sentence was in error, YOU HAVE TWENTY (20) DAYS WITHIN WHICH TO APPEAL. In practically all instances, appeals will be heard by the Superior Court, Law Division.

Damages resulting from a collision cannot be tried by this court. This court is only concerned with violations of the state statutes and municipal ordinances.

Every person has the right to make his own defense without an attorney, but if you are in doubt as to your proper course, it is recommended that you consult an attorney.