New Jersey DWI Cases -- Court List

JOHN MENZEL, J.D.
and the Law Firm of John Menzel
________________________________________________________________________
COURTS INFORMATION

John Menzel, J.D. defends people charged with drunk driving and related offenses in New Jersey. John Menzel, J.D., has concentrated his practice in drunk driving defense since 1988.

IF YOU ARE CHARGED WITH AN OFFENSE
THE STEPS OF DRUNK DRIVING LITIGATION
DISCLAIMER

If You Are Charged with an Offense

If you have received a traffic ticket, also called a summons and complaint, you may face arraignment, particularly if you are charged with a serious traffic offense like drunk driving, breath test refusal, driving while suspended or revoked, or driving without insurance.  DO NOT IGNORE THE TICKET!  If you do, the municipal court will issue a warrant for your arrest.  The police could take you into custody.  You may have to post bail and pay a fine for not appearing when required to.

Hire a Lawyer as soon as you can.  More often than not, municipal courts will cancel your arraignment if a lawyer has sent them a letter verifying that the lawyer represents you.  This is because the lawyer can generally enter your plea by mail and give you personally and privately the information a municipal court would review with you in public.  If you cannot hire a lawyer in time for the arraignment, don’t panic.  Call the municipal court before the court date at bottom of ticket.  Instructions for contacting the municipal court will be on the back of the ticket.  Tell the person taking your call that you are pleading NOT GUILTY and ask when the next court date will be.  Get the name of the person you speak to.

Go to the Arraignment unless your Lawyer tells you otherwise.  The arraignment is your first appearance in the municipal court when the judge asks you how you plead and whether you want a lawyer.  At arraignment, the judge will ask how you plead.  Your plea should almost always be NOT GUILTY.  The judge will also ask if you want to hire a lawyer and, if so, whether you can afford one.  Indigent defendants can obtain a Form 5A: Application for Public Defendant to apply for legal representation.  Most municipal courts have these forms available on request.  If you use one, try to keep a copy for your records.  If you are not indigent, hire a Lawyer as soon as possible.

You Need a Lawyer.  Even if you believe you are guilty, under the law you may not be.  Without the necessary experience, you might not know of a defense that would lead to your acquittal.  Or you could receive a more severe punishment than that which would otherwise face.  Not only can a lawyer improve your chances for success, he or she can define the potential risks and rewards associated with litigation and help you make decisions that will have long term affects on you future.

THE STEPS OF DRUNK DRIVING LITIGATION
DISCLAIMER

The Steps of Drunk Driving Litigation

Litigation has many steps.  Going to court – even the municipal court on a drunk driving, breath test refusal, or other traffic ticket – can involve a long, sometimes complicated process involving many steps.  A lawyer can guide you through these steps and keep you informed about what is going on.  An outline of most of the steps in litigation is outlined below.

The Trial Level

·         Issuance of Summons and Complaint.

·         Arraignment in Municipal Court.

·         Plea: Guilty or Not Guilty.

·         Attorney's Appearance.

·         Discovery.

·         Pretrial Motions:

·         Suppress Evidence.

·         Exclude Admissions.

·         Discovery Issues.

·         Trial:

·         State's Case.

·         Direct examination of State's witnesses.

·         Cross examination of State's witnesses.

·         The State rests.

·         Motion to Acquit Defendant.

·         Defense Case.

·         Direct examination of defense witnesses.

·         Cross examination of defense witnesses.

·         The Defense rests.

·         Closing Arguments.

·         Verdict: Guilty or Not Guilty.

·         Sentencing.

·         Motion for Stay of Execution of Sentence.

NOTE:  Court rules usually prohibit plea bargaining of drunk driving and breath test refusal, marijuana possession, and drug paraphernalia charges.

Appeals to Superior Court, Law Division

·         Notice of Appeal (within 20 days of sentencing at trial).

·         Briefs filed with Appellate Court.

·         Oral Argument.

·         Verdict: Guilty or Not Guilty.

·         Sentencing.

·         Motion for Stay of Execution of Sentence.

Appeals to Superior Court, Appellate Division

·         Notice of Appeal (within 45 days of entry of judgment of conviction in Law Division).

·         Briefs filed with Appellate Court.

·         Oral Argument.

·         Opinion issued for

·         Affirmance

·         Reversal

·         Vacation and Remand

Appeals to New Jersey Supreme Court

·         Certification (i.e., by permission) if Appellate Division opinion is unanimous).

·         Appeal as of right if Appellate Division is divided.

Appeals Beyond the New Jersey Supreme Court

·         Petition for Certiorari to the U.S. Supreme Court.

·         Appeal to U.S. Supreme Court if certiorari is granted.

Post Conviction Challenges to Conviction

·         In State Courts:

·     Petition for Post Conviction Relief within five years of conviction, except under extraordinary circumstances.

·         In Federal Courts:

·      Petition for Writ of Habeas Corpus in Federal District Court within one year of exhaustion of State appeals and if defendant still faces custody (i.e., jail or IDRC).

·         Certification of Probable Cause to Appeal (unless already certified).

·         Appeal to Federal Circuit Court of Appeals.

·         Petition for Certiorari to the U.S. Supreme Court.

·         Appeal to U.S. Supreme Court if certiorari is granted.

IF YOU ARE CHARGED WITH AN OFFENSE
DISCLAIMER