Representing
Yourself in Court |
THINGS
TO THINK ABOUT BEFORE YOU REPRESENT YOURSELF IN COURT
TRY
TO GET A LAWYER
The
Court system can be complicated and confusing. We recommend
that you have a lawyer in every case. If you cannot afford
a lawyer or do not know how to go about finding a lawyer
you can:
- Call
the New Jersey Attorney Referral Office in your county,
or
- Ask
any of the New Jersey bar associations for the names of
lawyers who may be able to represent you at a reduced
price.
NOTE:
If you believe you qualify for a Court-appointed attorney,
ask the Court staff at either the Municipal or Superior
Court for more information. The Court staff can provide
the form needed to apply for a Public Defender.
WHAT
YOU SHOULD EXPECT IF YOU REPRESENT YOURSELF
While
you have the right to represent yourself in Court, you should
not expect any special treatment, help, or attention from
the Court. The following is a list of some things the Court
staff can and cannot do for you. Please read it carefully
before asking the Court staff for help.
- We
can explain and answer
questions about how the Court works.
- We
can tell you what the
requirements are to have your case considered by the Court.
- We
can give you some information
from your case file.
- We
can provide you with
samples of Court forms that are available.
- We
can provide you with
guidance on how to fill out forms.
- We
can usually answer questions
about Court deadlines
- We
cannot give you legal
advice. Only a lawyer can give you legal advice.
-
We cannot tell you
whether or not you should bring your case to Court.
- We
cannot give you an opinion
about what will happen if you bring your case to Court.
- We
cannot recommend a lawyer,
but
- We
can provide you with
the telephone number of a local lawyer referral service.
- We
cannot talk to the Judge
for you about what will happen in your case.
- We
cannot let you talk
to the Judge outside of Court.
- We
cannot change an order
issued by a Judge.
If
you decide to represent yourself for an appeal of a decision
of the Judge, please see a member of the Court Staff for
an appeal
packet.
Court
Procedures
The
following procedures shall be observed in regards to your
summons or complaint.
- Please
sign-in on the pad when you enter Court.
- Your
name MUST be printed.
- To
see the prosecutor, see the Court Officer at the rear of
the Court.
- The
Prosecutor will talk with you on a first come – first
served basis.
- Please
be aware of the fact that attorneys may “jump” ahead
of you in the line. They are allowed to do this.
- If
you are pleading Not Guilty
to a summons or complaint and have not
notified the Court seven workdays in advance you case will
not be heard during this Court
session.
- Please
leave the Court and call (908-876-3852) the following
day to plead not guilty.
- This
does not include
summonses where the police officer has indicated, “Court
appearance required” or it is a
non-payable offense.
- At
the beginning of the Court session the Judge will advise
you of your rights.
Please
pay close attention to these rights.
If you do not understand them, you may ask for clarification
at the time your case is being heard.
- Court
cases are usually heard in the following order:
- Guilty
pleas
- Negotiated
settlements
- Trials
(not guilty cases)
- Cases
with attorneys
- These
cases are heard as they are presented to the Court.
- If
you intend to ask for a Public Defender you must meet one
of the following qualifications:
- You
are subject to lose you driving privileges, and/or
- You
are subject to incarceration in jail, and/or
- You
are subject to the imposition of a significant fine.
- Unless
one of the criteria is met, you are not entitled to
the Public Defender.
- If
you are found Guilty and are assessed fines and costs by
the Judge, you are expected to pay those fines and costs
before leaving the Court.
- If
you have dismissed a complaint and the Judge assesses a
penalty you must pay this before leaving the Court.
- Failure
to do either of the above may result in a warrant being
issued for your arrest and/or a suspension of your driving
privileges.
- If
for some reason you cannot pay the entire amount of your
fines and costs, you may make arrangements with the Court
to make time payments.
- These
payments must be made within a 26 week period as allowed
by Court Rules.
- If
you fall behind in the payments the Court willl forward
a notice to the Division of Motor Vehicles requesting
revocation of your driving privileges.
- The
restoration fee, to restore your driving privileges,
is $100.00.
- Restoration
of your your driving privileges will only be granted
when the time payment is fully paid.
-
All time payments are a contract with the Court,
and are subject to acceptance by the Judge.
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