Municipal Appeals in NJ

In New Jersey, less serious crimes are charged in Municipal Court, where one goes before a judge, not a jury.  In the context of criminal and quasi-criminal law, municipal courts handle only disorderly persons offenses, traffic violations, or municipal ordinance charges.  If convicted under any of these classifications, one has 20 days to take action and file an appeal.  In taking such a step, it is critical to hire an NJ Appeals Attorney who has the experience and skill to handle an appeal from Municipal Court. 

In Which Court Is A Municipal Appeal Heard? 

Municipal Appeals are heard in the Superior Court of the County where the criminal charges originated.   In other words, if you were found guilty in Paterson Municipal Court, then you would appeal your case to the Passaic County Criminal Court. 

What Are The Procedures Of The Superior Court In A Municipal Court Appeal? 

When a conviction is appealed to Superior Court,then a trial denovo takes place.  What that means is that the criminal case is tried again and the Superior Court judge will make his own decision on whether one is guilty of the crime for which he is charged.  While a trial denovo represents another chance for a defendant to argue his case, new evidence cannot be submitted and the defendant is restricted to arguing the facts that were established in the original municipal court proceeding.  It is also critical to note that the Superior Court judge hearing the appeal is also bound to defer to the credibility determinations made by the trial judge since he had a better opportunity to see the witnesses testify.  Note, there is a risk in such an appeal, for if the defendant is found guilty again, he may actually suffer a harsher punishment. 

If I Have a Drug Charge, What Are Some Other Arguments I Can Make Besides Just Arguing the Facts?

Whenever you have been convicted for a drug crime, the major issue that a defendant must analyze is whether the search and seizure of the evidence was constitutional.  If an officer stops a defendant while he is driving a car then he must have a reasonable suspicion that the defendant committed a traffic violation or committed a crime.  If he does not have such evidence then any evidence found thereafter cannot be presented in court.  If an officer searches a defendant’s car then he must have a probable cause that a crime took place to justify such a search.  If he does not have probable cause then any evidence found thereafter cannot be used against defendant.  If an officer searches a home without a warrant, again the evidence obtained thereafter cannot be used in court.  If you feel that any of these scenarios took place and you were still found guilty in your municipal trial, please consult with a drug charge lawyer in NJ to see if you have a viable appeal.