Navigating Municipal Legal Challenges
When facing legal matters in municipal court, it’s essential to have knowledgeable legal representation on your side.
The only encounter with the New Jersey court system that many residents will ever have often occurs in one of more than 500 municipal courts in the state. Municipal courts often hear the least serious legal matters in the justice system, such as disorderly conduct, DUI offenses, driving under suspension, tickets, municipal ordinance offenses and state or local code or regulatory violations.
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People facing a hearing or case in a New Jersey municipal court might assume that the minor nature of the case means that the consequences they face are equally limited. But if you are facing a ticket or citation for a violation, you could still receive jail time or significant fines if the municipal court finds against you. You shouldn’t have to put your freedom or your finances at risk. A New Jersey municipal court lawyer at Clifford E. Lazzaro, P.C. can defend your rights and help you pursue a favorable outcome in your case.
We represent clients in the following areas in New Jersey – Union County (Elizabeth), Essex County (Newark), Hudson County(Jersey City), Middlesex County(New Brunswick), Monmouth County (Freehold), Bergen County(Hackensack), Ocean County (Toms River), and Passaic County (Paterson).
Appeal a Conviction or Decision of a New Jersey Municipal Court Judge:
Our attorneys are experienced in handling the complex process of filing municipal court appeals, ensuring that your rights are protected and that your case receives the attention it deserves.
If you’re convicted of an offense in Municipal Court, you are entitled to file an appeal for post-conviction/judgment relief. Post-conviction relief means either a “stay” of the enforcement of penalty, fines or jail or a reversal of some aspect of the decision made by the judge. An appeal must generally be filed within a limited time period of conviction, sentencing or imposition of fines, although the time limitation can be relaxed by the judge under certain defined circumstances. However, an appeal to correct an illegal sentence can be filed by a defendant at any time.
Your attorney must file a post-conviction/judgment appeal with the municipal court administrator and serve a copy on the municipal prosecutor.
Grounds for Filing an Appeal of a Municipal Court Decision
- “An appeal for post-conviction relief or a judgment of a municipal court can be based on any of the following grounds: (1) substantial denial of your rights under the Constitution of the United States or the Constitution or laws of New Jersey; (2) lack of jurisdiction of the court to impose the judgment or sentence rendered by the judge; (3) imposition of a sentence or fine in excess of what the law allows; or (4) any ground available as a basis for attack on a conviction under New Jersey common law or statutory law.
Factors To Be Considered on an Appeal may include:
- Did the judge comply with the rules concerning acceptance of your guilty pleas?
- Did you as a defendant understand the consequences of your plea?
- If you are not a US citizen, were you advised of the immigration consequences of your guilty plea?
- Did the court obtain a factual basis from you in support of the guilty plea?
- Were you advised of your right to appeal either the conviction or the sentence?
- Did you as a defendant proceed pro se (meaning represent yourself), did you knowingly and intelligently waive your right to counsel?
- Did you receive ineffective assistance of counsel in your case?
- Did your lawyer provide you with discovery and review in detail the discovery with you?
- Did your lawyer go over trial strategy with you?
- If you speak a foreign language, was an interpreter present during the court proceeding and translate what was said so that you could understand the proceedings?
Contact Clifford E. Lazzaro, P.C. to discuss an appeal at the Municipal Court level.
Traffic Offenses Are Heard In Municipal Court:
Whether you’re facing traffic violations, such as speeding or reckless driving, our lead attorney, Clifford E. Lazzaro can provide skilled representation to help you navigate the complexities of traffic court.
The offenses listed below are some of the most common traffic violations that are prosecuted in municipal court. All of these offenses will result in points being added to your driving record if you are found guilty.
Clifford E Lazzaro, a skilled municipal court lawyer in NJ, can defend you against these allegations:
- N.J.S.A. 39:4-81 Failure to observe traffic signals
- N..S.A. 39:4-82 Failure to keep right
- N.J.S.A. 39:4-85 Improper passing on right or off roadway
- N.J.S.A. 39:4-85.1 Wrong way on a one-way street
- N.J.S.A. 39:4-86 Improper passing in no passing zone
- N.J.S.A. 39:4-88 Failure to observe traffic lanes
- N.J.S.A. 39:4-89 Tailgating
- N.J.S.A. 39:4-96 Reckless driving
- N.J.S.A. 39:4-97 Careless driving
- N.J.S.A. 39:4-97.2 Driving in an unsafe manner
- N.J.S.A. 39:4-97.3 cell phone while driving
- N.J.S.A. 39:4-98 Speeding
- N.J.S.A. 39:4-115 Improper turn and traffic light
- N.J.S.A. 39:4-123 Improper right or left turn
- N.J.S.A. 39:4-124 Improper turn from approved turning course
- N.J.S.A. 39:4-126 Failure to give proper signal
- N.J.S.A. 39:4-128.1 Improper passing of school bus
- N.J.S.A. 39:4-129 Leaving the scene of an accident
- N.J.S.A. 39:4-144 Failure to observe “stop” or “yield” Signs
- N.J.S.A. 39:5D-4 Moving violation out-of-state
Disorderly Conduct Offenses Are Heard in Municipal Court:
Criminal offenses that are essentially equivalent to misdemeanors are known as disorderly persons offenses in New Jersey. Disorderly persons offenses are punishable by a maximum of 6 months (180 days) in the county jail, plus a fine not to exceed $1,000. When a disorderly persons charge is filed against a person in New Jersey, it is handled in the municipality where the offense occurred. Some of the most common disorderly persons offenses handled in this court include simple assault, possessing less than 50 grams of marijuana, drug paraphernalia possession, and criminal trespass. There is one type of lesser offense called a petty disorderly persons offense which is also heard in Municipal Court. These charges are subject to penalties including up to 30 days in the county jail and fines up to $500. Some of the leading charges for this type of offense include disorderly conduct and harassment. Both a disorderly and a petty disorderly persons offense will appear on a person’s criminal record when interested parties run a background check.
Municipal Ordinance Violations Are Heard in Municipal Court:
When you violate a municipal ordinance, you risk a fine of up to $2,000.00 or a maximum 90-day community service sentence. New Jersey state law, N.J.S.A. 40:49-5, allows municipalities to punish ordinance violations by a county jail term of no more than 90 days, plus the maximum fine and community service days. However, jail time is not likely, though discretionary with the municipal court judge.
DUI Offenses Are Heard In Municipal Court:
New Jersey DUI arrests are considered a very serious offense and judges are not lenient on people who are convicted. Penalties for a drunk driving conviction are severe.
License suspension for a first DWI offense can be up to twelve months. For multiple DUI convictions someone could face up to ten years without a driver’s license. Someone sentenced for drunk driving can also receive up to six months in jail. With these kinds of penalties at stake, someone’s life can change forever if they are convicted of driving under the influence.
Clifford E. Lazzaro, P.C. also handles cases involving Driving under the Influence of Drugs, Driving while Intoxicated, and Refusal to Submit to a Breathalyzer Test.
Clifford E Lazzaro has successfully represented many clients who were not convicted of their DUI offense.
Driving Under Suspension:
It is against the law to operate a motor vehicle without a driver’s license. Penalties for those convicted of driving while under suspension can be fines or even jail time depending upon the nature of the offense. Someone can face high fines, additional license suspension, or even jail time if they are found guilty of driving with a suspended license.
An experienced municipal court lawyer in NJ can help defend you against these allegations and keep you from facing serious penalties.
Clifford E. Lazzaro, P.C. is up to date on all current law as the firm can access LEXIS-NEXIS Research System online at any time.
Clifford E. Lazzaro, P.C. is available 24 hours a day, 7 days a week.
Clifford E. Lazzaro, P.C. 1 Broad Street-Suite 2 (Second Floor), Elizabeth, New Jersey 07201