NJ Municipal Court Survival Guide-Trail Practice for the Pro Se
Making the Record and Appeals


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Although the focus of this page are the 

 New Jersey  courts this practice applies to all states.



So you got a summons to appear in court for a violation you did not commit, are inaccurately or falsely accused. It happens everyday everywhere. It's happened to me a few times. What do you do? Do as I did, do a little homework and fight back! I won, so can you! It's simple and easy once you know how. If you know you are guilty don't waste your time! If are a victim of the legal system on a municipal level prepare for a fight. The courts don't have the time to fight every case so they do a half hearted job and that is where they lose if you are prepared  you can and will win! For the Courts its mostly about money for you it is the principle of law and justice so you must win as the law is on your side.


The Strategy for Winning in Court and Courtroom Tactics

This trial's outcome will be decided whether you follow the rules, research the law and use the as designed to protect justice.

Your Trial Plan, Tactics, Evidence and Discovery:

  1. Battle Plan:The Rules of Court are your rules of engagement of the enemy. The battle plan is mapped out in these rules. Go to the court library, local or county library, or purchase NJ Court Rules (or your state)  from Gould Publications or West Publishing about 20.00. These books contain everything you need to know about the Art of Legal Warfare! Follow the rules and the court must abide by them. Get a book on evidence from U.S. Law Books  for about 15.00.
  2. Weapons: Your tenacity is paramount. You will be dealing with incompetent and indifferent so-called legal professionals that for the most part don't really give a lot of themselves and don't expect a Pro Se, Pro Per or In Propria Persona to know much of anything. By the time they have figured out you know something their case will probably have been lost. File everything as per the Rules.
  3. Tactically: Get everyone's name. Very often they are afraid to give their names. Especially the clerks-the rude ones. Just keep coming at them.Make them prove everything especially in Discovery. See:Discovery.
  4. Research the Arsenal. This is where it is won or lost. Research the law in the Statues Annotated available at the local or court library.
  5. Prepare for Court nonsense and games especially the court changing the date. Delay as long as you can. Tell them you must have time to prepare your case and complete discovery which is the process of collecting evidence freom the police officer, witnesses and photograph the site of the violation.

The PLAYERS

The Cops, Municipal Court Clerks, Prosecutor and Judges!

The Police are officers of the court. They are human programmed robots, they will make mistakes (duh, act stupid and ignorant, kinda surprising that most now have college education and degrees?) in their testimony to the courts advantage, they are being coerced by their townships and police departments to collect revenue,(their reward is million dollar retiement pension that is TOTALLY STATE AND FEDERAL TAX FREE  they have quotas and they will distort the truth,ignore the truth , hide the truth,  create fiction and lie to see that the court will collect their fines. The municipal prosecutor is the cop's pal and so is the judge. You have little chance unprepared.

The Summons

To start off, a trial starts when you first encounter the police. Assuming they have stopped you be courteous, ask a lot of questions, give no answers. Just your name, rank, driver's license and insurance card. Say nothing else to them that can use against you, make no excuses-it's an admission you did something wrong.

Going to Municipal Court:

Before the trial:Dealing with the Clerks

Get the names of the court clerks and everyone you talk to. Note the dates and times of those spoken with. They start the fraud right away. They go through the motions like of something like a real court but it's a farce. They will harass you by making you appear just to plead a ticket first like they do in the Newton, Sussex County, N.J. court. Denville (Morris County) court at least least let's you do a phone plea, but that case is another story on another page here. Teaneck (Bergen County) just sent a friend a notice that 12 years ago they he did not answer a summons and to appear now for not having a registration in possession! They made me appear to plead for a stop sign. No, a phone call was not good enough for them they had to take up my time to intimidate and inconvenience me to do that. Hoping you'll just pay up. Important: They may try to have your case heard as soon as the same week. Tell them that it is not enough time to prepare your case and that you may wish to consult an attorney. Get as much time as you can to prepare your case. Delay, delay delay!

Preparing for the Municipal Trial



Step 1: Understand what you being accused of : Speeding, stop sign, etc.Got to the court library and check the statute you are accused of violating. Understand the statute. The statutes are annotated which means they have interpeted the law and explains how the law is to be applied.
Step 2: Discovery . You are entitled by law to have the court order the police and prosecutor to turn over any evidence they will use against you in court.
Step 3: Interogetories . You also have the right to interogetories which is to ask questions by mail of the police. This form of discovery also allows you to obtain any documents that relate to your case. Example you are accused of speeding and radar was used, demand a copy of the radar calibration and test record and a copy of the officer's training record for the use of the radar detector.
Step 4: Get your evidence together : Photos, video tapes, witnesses anything to prove your case.

Municipal Trial

 MAKING THE RECORD

Making the Record: What is it and why is it so important?

The BIGGEST and most important secret in sucessful trial practice is getting all your evidence in and making the "RECORD"

 What is making the recrord?

Making the record is the MOST IMPORTANT aspect of a trial. Making the legal record is bringing in evidence, facts, witnesses and other relevant information including objections and motions that can help you on appeal if the evidentarity record is ignored by the court which it often is. The record is made furing your courtroom testimony, your exmanination and cross-examination of the witnesses - more specifically the police officer that issued the summons. In my cases I had the officer testify he could se around and through houses even after I showed the pictures in court that it cousd not have been done. Use picitures and have them brought into the record by makeing and numgering them as exhibits. The record also consists of discovery documents. Let us say for exampole you were stopped for radr and  you demanded by subponea and under the rules of discovery the certification that the radar had been calibrated in the last year. The absence of the certificate or a certificate that inidcates that the radar unit was not calibrated within the required time must be entered into the record and this is done during the trial where all you have to say "your honor for the record I want to enter this into evidence that the unit was not calibrated at the time of the radar use".  Get it?

 

You're Found Guilty Anyway!

They may find you guilty no matter what you say and they will ignore the law just the way they did in my case. So they took your money. Municipal courts are a court of limited jurisdiction. That basically means it's a money maker and no justice is really served there. What do you do now? Go to the First and Only Real Court! Why? Because that Court has a higher standard!

Appeal to Superior Court Law Division!

A checklist on how to appeal:
  1. Immediately or within 5 days request an appeal form from the municipal court clerk. Some have them some don't. Ask them for the forms and pay for the court transcript in advance.
  2. File a Notice of Appeal with Superior Court Law Division and the county prosecutor: You need to be prepared with dealing with this court. My experience was that they were professional and compassionate but really are not out to help you, they will try to derail you and legally disarm you. They really don't want you to appeal as it takes their time and money and they would rather be taking your time and your money. They will try to mislead you as they did me but I had the Rules of Court and went by the rules- Follow the Rules! . Example:they told me I didn't have to worry about filing for another 5 months because that was when they were hearing cases again. I acted as dumb as they did but I Followed the Rules!
  3. Create a Notice of Timely Filing and attach it to the Notice of Appeal above.
  4. Wait for your transcript.
  5. The Transcript:When your transcript arrives you must create you Appellate Brief. Prepare 2 copies of the brief and serve 2 copies of transcript and serve them to the county prosecutor and the Superior Court. This must be completed in 45 days.
  6. Your Appellate Brief: Your argument why the municipal COurt was wrong.
  7. Answer Brief:You will get and Answer Brief from the Prosecutor's office answering your challenge to the Municipal courts's finding and ruling. In my case they just ignored my argument, you argue one thing and they argue another thing-they try to confuse apples with oranges.
  8. Reply Brief: You respond to the Answer brief referring to the law and how they are ignoring your argument.
  9. Appellate Hearing: You will get a hearing date but it's merely a formality. The judge has already read all the arguments and has made his decision. This is where you win or lose. The hearing lasts for about 10 minutes where the Judge will give you and the state to make a statement and then he will read you his ruling.


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