Municipal Court

Attention: Nj Municipal And Superior Court Coronavirus/Covid-19 Update – Week 2

March 25, 2020 by Edward Janzekovich

As reported here on the Edward M. Janzekovich law blog last week, the National and State level response to the Coronavirus/COVID-19 Pandemic has resulted in a shut-down of my non-essential public and private businesses as well as gatherings and public functions, including all Municipal Courts in the Garden State. Until further notice, all non-urgent Municipal Court proceedings will be suspended until at least March 27, 2020.

Additionally, several new Court Orders have been issued that can affect anyone currently charged or previously convicted of drunk driving, driving while high, or driving while under the influence of drugs or alcohol.

If you or anyone you know is arrested, charged, or convicted of DUI/DWI during this crisis, it may be more important than ever to reach out to an attorney immediately to find out what your rights are and what your options are. An experienced attorney can review each situation on a case-by-case basis to determine how it is affected by the State of Emergency We at the Law Offices of Edward M. Janzekovich can help

Order to Commute or Suspend County Jail Sentences

If you or someone you know is currently serving a jail sentence related to DUI, DWI, or Refusal to Submit to a Breathalyzer Test, it is important to reach out to an attorney as soon as possible.

A recent Order issued by the Chief Justice of the New Jersey Supreme Court and signed by the Office of the Attorney General, the Office of the Public Defender, the County Prosecutors Association, and the American Civil Liberties Union has granted the RELEASE of numerous persons currently serving a county jail sentence or jail sentence as the result of a municipal conviction. The release will be carried out starting Tuesday, March 24, 2020, will proceed as quickly as possible, and will continue pursuant to the timeline directed in the Order.

For some, this release may be considered satisfaction or full service of the sentence (meaning the prison sentence is concluded), while others may have the time converted into “time served” and subject to additional prison time. Additionally, there are some exceptions regarding who will be released – including anyone who has already tested positive for Coronavirus or COVID-19, and there are situations where an inmate may request not to be released.

Once released, inmates are expected to comply with all Driver’s License Suspension periods and probation requirements.

If you are unsure how you or a loved one is affected by this Order, you may need to consult an attorney immediately. Moreover, if you are someone who has been released due to the Order, you may want to consult an attorney to understand what your rights and responsibilities are after

The signed Order can be found here: https://njcourts.gov/notices/2020/n200323a.pdf?c=j7I

State and Superior Court Closings and Other Announcements

As previously noted, most but not all matters, cases, and hearings before the State Municipal and Superior Courts have been postponed and will be rescheduled. If you were previously scheduled for any Court appearance, including related to a Refusal, DUI or DWI charge, you will want to reach out to an attorney immediately to see how your case has been affected.

Moreover, not all proceedings have been suspended. If you are arrested or charged during any period of Court suspension, you will want to consult an attorney to see if your case will be postponed or will proceed as scheduled.

Finally, while we at the Edward M. Janzekovich law blog strive to keep you informed during this period of lock-down, it is important to recognize that new announcements are being issued by the Court every day. Nearly all of the state level announcements are posted here: https://njcourts.gov/attorneys/notices.html

However, not all announcements will be posted at the website above, and there may be specific municipal or local directives that can affect your case. Accordingly, it will be important to consult an experienced drunk and drugged driving attorney as soon as possible if you have any questions.

New Jersey Drunk Driving Lawyer, Edward M. Janzekovich, Can Help If Your Case is Affected by Coronavirus and COVID-19 Court Closings

Until further notice, local, municipal, and state court proceedings will be affected throughout the state. An attorney will be able to answer your questions about Court proceedings and check on the status of your matter. To speak with an experienced New Jersey DWI/DUI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.

Filed Under: Covid-19, Municipal Court Tagged With: Coronavirus

Attention: Nj Municipal And Superior Court Immediate Update; Coronavirus And Covid-19 Closings And Adjournments

March 17, 2020 by Edward Janzekovich

In light of the Coronavirus / COVID-19 National Emergency situation, many non-essential public and private businesses have suspended or restricted operations, including the New Jersey Judiciary, which will affect local, municipal, state, and superior courts.

If you have a current or upcoming court date or hearing scheduled in any court – including traffic court, municipal court, DUI and DWI court, Superior Court, or other judicial proceeding – it may be canceled and postponed to a later date. To find out for sure, you can reach out to the Law Offices of Edward M. Janzekovich for help and guidance.

If you have a DUI/DWI or other hearing scheduled during this time, it will be important to reach out to an attorney and confirm the status of your case. If you are arrested, charged, or convicted during this time, there can also be situations where you will still need to appear, and it is important to reach out to a lawyer for verification.

Municipal Court Closings

On Saturday, March 14, 2020, a notice was issued by the NJ Judiciary, Chief Justice Stuart Rabner and Acting Administrative Director of the New Jersey Courts, Glenn A. Grant, J.A.D., directing all Municipal Court sessions be suspended for two weeks. The suspension will begin Monday, March 16 and continue through Friday, March 27, 2020.

Persons who are scheduled to appear before a Municipal Court to contest a traffic or parking ticket, or minor local ordinance violation should not appear and should await notice of a new court date. However, the Municipal Courts will continue to handle certain matters, including detainments, probable cause determinations, applications for temporary restraining orders, Extreme Risk Protective Orders, and search warrants; as well as other matters that implicate public safety.

If you have a DUI/DWI or other hearing scheduled during this time, it may or may not be affected, or it may be switched from an in-person hearing to a telephonic or telecommunication hearing. An attorney can confirm.

The official notice, posted below, can also be found here: https://njcourts.gov/notices/2020/n200314a.pdf?c=ewi

State and Superior Court Closings

Similarly, several notices from the Chief Justice and Administrative Office of the Courts have been issued with direction and guidance regarding closings and postponements. Some, but not all, matters, cases, and hearings before the State Superior Courts have been postponed and will be rescheduled. However, many proceedings will continue through the use of remote communication, and many deadlines and electronic filing requirements remain in place.

If you or someone you know has a matter currently scheduled in front of the County Court, State Court, or Superior Court, it is important to contact an attorney as soon as possible to determine if the matter has been postponed until a later date or if the matter will be proceeding through the use of internet or remote technology.

Moreover, the Administrative Office of the Court is constantly monitoring this situation, and additional meetings are scheduled this week to determine how other cases will be affected moving forward. Therefore, it may be necessary to continue to check on the status of your proceedings on a daily basis to determine if anything has changed.

The March 12, 2020 Notice to the Court can be found here: https://njcourts.gov/notices/2020/n200312d.pdf?c=spB

The March 15, 2020 Notice to the Court can be found here: https://njcourts.gov/notices/2020/n200315a.pdf?c=9yu

Other Court and Judicial Proceedings

An updated schedule of County Superior Court and State Court Closings can be found here: https://njcourts.gov/courts/closings.html

Unfortunately, it will be impossible to cover all the various types of court proceedings in this blog. During this time, if you have a legal matter that requires urgent attention, or if you are unsure if your case is affected by the Coronavirus and COVID-19 closings, you should ask a lawyer immediately.

New Jersey DUI and DWI Attorney, Edward M. Janzekovich, Can Answer Your Questions About Coronavirus and COVID-19 Court Closings

Filed Under: DWI - DUI, Municipal Court Tagged With: Coronavirus, Covid-19 Closings

Are Camera-Based Tickets Legal in New Jersey?

February 20, 2019 by Edward Janzekovich

They’re becoming popular across the United States. Law enforcement offices are setting up cameras at strategic points to catch motorist who violate the law. Some have built in radars and will take a picture of the vehicle’s license plate. The driver then gets an unpleasant surprise a few weeks later when a traffic citation arrives in the mail.

That won’t happen to you in New Jersey. As the law currently stands, cameras are prohibited from being used to issue ticket for speeding or running a red light. However, both New York and Pennsylvania allow some form of the practice.

It may seem like there’s not much you can do to challenge a traffic violation that’s been caught on tape. However, there are some pretty simple ways to fight this type of citation:

It’s unusual for a prosecutor or police officer to bring a video or picture of the traffic violation to court. If there’s no picture or video, there’s no evidence, other than the testimony of the police officer who viewed the video/picture. The failure to bring the video or picture will typically, in itself, be sufficient to have the charge dropped.
Furthermore, under the rules of evidence, a witness cannot testify to something he or she didn’t actually see. If the testimony is based entirely on what a third person saw, it’s known as “hearsay” and inadmissible in court. If the tape is brought to court and a police officer seeks to testify, you can object to the testimony as “hearsay,” because the officer didn’t see you commit any wrongful act. He or she is relying on the observations of a third party, i.e., the video camera.

Contact Attorney Edward M. Janzekovich

To schedule a free initial consultation, contact my office online or call me at 732-257-1137. Evening and weekend consultations are available by appointment. I accept all major credit cards.

Filed Under: Municipal Court Tagged With: municipal court

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