NJ AOC REVIEW Flashcards
Bonding
A devise for insuring and guaranteeing that organization against loss. Reimbursement is made by the insurance company as a result of loss or misappropriation of funds. All municipal court personnel are covered under a blanket bond.
Directive #13-04
Bail recognizance, forfeiture and remitter guidelines
Bail #9-05
BAIL SCHEDULES AND POILICIES
set bail from Schedule II
no $ on ROR
Statewide bail policies
Use of Warrant instead of Summons
R 3:3-1(c) and R &:2-2(b)
Warrant 1 previous FTA 2 Danger to self or others 3 Outstanding warrants 4 no Know address 5 cannot be identified 6 other reason to believe FTA
Bail Criteria
R 3:26-1 and R 7:4-1
Bail 1 seriousness of the crime 2 Criminal record previous bail/FTA 3 reputation / mental condition 4 length of residency in the community 5 family ties and relationships 6 employment and financial condition 7 people to vouch for defendant 8 any factors including mode of life or ties to the community or bearing in whether the defendant will FTA - policy of unnecessary detention
Bail Conditions vs Bail Restrictions
Condition - the court SHALL impose the min conditions necessary to reasonably assured the defendant appears when required (no contact / drug testing)
Restrictions - defendant MAY post the required amount of bail only in the form of full cash, surety bond executive by an auth. corp. or bail bond secured by real property equal to plus $20,000
Directive #1-84
DWI must have a 60 day disposition for public safety
State v Buczkowski
Complaint to be served and issued within 30 days
4 procedures that must be done if a subpoenaed witness does not appear and is in contempt of court
1 prepare CDR2
2 send to another court for Probable Cause
3 send to prosecutor (Indictable)
4 complete litigation
Surety Bond registry
*
must check before accepting bond
check agent, agency , and insurance company
Who can set bail for high-end crimes
*
only Superior Court Judge
Rule 3:3-1(c)
Rule 7:2-2(b)
Conditions of warrant
2/24/1988
accepting checks for bail
accepting checks for bail when the defendant is known and the amount is not great
Conditions of Release for
Domestic Violence
*
No contact with Victim
Documents that need to be signed on warrants
*
Bail recognizance - non -payables
Bail Waiver - payables
Why is the court neutral and impartial
The Judiciary is the balance of the three branches of Government
Equalizes the power of the other branches
How does the Due Process Amendment and the Constitution affect the municipal court?
- Accept all complaints for filing
- service - right to know charges against you
- public defender
- speedy trial
- reading of rights
Expungement
Extraction and isolation of ALL records on file
When asked “we have no such record”
Expungement petition
File with the case
Municipal court sentence must be complete or court should object to expungement
file in master
Expungement Order
Superior Court grants expungement
Extracts and isolate complaint
Permanent retention
Conditional discharge
Suspension of proceedings - first time only -criminal history - Supervisory treatment < 3 years and collect penalties
DL suspension 6-2 years
Code 8 in disposition
Temporary license can be for ? long
Max of 6 hours
Filing of Violations of restraining order (VRO)
must be where alleged offense (incident) occurred
10% bail restricted, must be full bail
bond bail plus $20,000
Domestic Violence - civil complain and TRO
Only issued by judge
goes to Superior Court Judge, in emergency (after Hours) then the municipal court judge
Penalty Enforcement Actions
Court handles the same as any other case
Indictables must be transferred to Prosecutor within ?
48 hrs
Filing of a Domestic Violence Complaint
Victim can apply for relief where
- act allegedly occurred
- defendant resides
- victim resides
- victim is sheltered
applies victim with around the clock protection
** Victim should not be turned away
Plea by mail (affidavit)
Guilty on minor criminal offenses (NOT domestic Violence)
Traffic - Guilty or not guilty as long as no consequences of magnitude
Subject matter
Types of offenses that can be heard in Municipal Court
DP, PDP, Fish and Game, Penalty Enforcement Action, Weights and Measures
Territorial Jurisdiction
Geographical area
Who can issue a warrant
Judicial officers (when authorized)
- NOT police department
GOLDEN RULE
R 7:2-1(b)
Municipal Court Admin and Deputy Court Admin SHALL accept for filing every complaint made by ANY person
Every one has right to your day in court
When is judicial Probable Cause needed?
All Warrants
All Private Citizen Complaints
WHO:
Judge
Court Admin and Deputy Court Admin - when authorized
NEVER Police Dept
What is Probable Cause BASED on?
Complaint
Affidavit
Sworn Testimony
What is Service?
Service is a constitutional requirement that a defendant receives notice of the charges against him or her.
Effective and Non Effective Service
EFFECTIVE unclaimed, refused, ordinary not returned
NONEFFECTIVE moved, not fwd, attempt unknown, no such number or address, insufficient address
Notice
Notice to appear in court
SUBPOENA
Under penalty
A legal writ to require the recipient to appear in court to testify
not a notice
Serving a subpeona
Must be personally served and NOT Mailed
Must have proof of service to the court
Who can issue Subpoenas?
Judicial officer
Attny in the name of the court admin
Law enforcement officer
When do you prepare a subpoena?
1 direction of the court(judge)
2 indigent defendant
3 If prosecutor lacks secretarial help
Request for Discovery
Prosecutor has 10 days to respond
20 days to reciprocate
First Appearance
First appearance must be within 72 hrs and bail set within 12 hrs
Consequences of Magnitude
1 sentence of imprisonment
2 DL suspension
3 money sanctions of $800 or more ($750 prior to 9/1/2014)
Motion to Consolidate
Trial of complaints together
Assignment judge needs to set which court will hear the ‘combined’ cases
Custodial Arrest
on a warrant only if it meets criteria
Probable Cause
a standard needed in order to arrest or search a person or place
the facts that would lead a person of reasonable caution to believe
an offense has been committed and
person being accused committed the offense
ADMENDMENT IV - Constitutional right
What is Probable Cause based on?
Complaint
Affidavit
Sworn Testimony
CAST
When is Probable Cause needed
on all warrants and private citizen complaints
If Probable cause is not found - procedure?
- give to judge for review
- if judge does not find prob cause dismiss on the record
- is public record
What is bail?
*
money deposited with the court for temporary release to appear in court
should not be punitive and
not to ensure payment of fines
When should bail be set/determined
Within 12 hrs and first appearance with in 72 hrs
or ROR
Domestic violence relief can be filed where
may file where - the act allegedly occurred -defendant resides - Victim Resides - Victim is sheltered Provides around the clock protection
Mediation
an alternative way to resolve disputes
may be referred from the bench or window
can be dismissed or returned to the court
State v Pricket
An important court case b/c it affirms the independence of the judiciary
ASSIGNMENT JUDGE and the municipal court
Oversees
- consolidation of cases
- approves budget
- approves expenditures of POAA and DWI monies
- Appeals ADA compliance
- Assists in the hiring and discipline process for the court directors, Court admin, and deputy Court admin
Julio Menedez
Constitutional Rights
Speedy trial informed of the nature of charges to be confronted by witness compulsory process counsel for the defense
PRESIDING JUDGE duties
Judicial arm of the executive component for the Division
to participate with in session visits
to over see MC judge and vicinage
Louis Balasco
Types of Service
Personal - given to individual or to a competent individual over the age of 14
Who and Why do we need judicial probable cause on warrant?
Separation of powers and
balance of powers
Who and Why do we need judicial probable cause on private citizen complaints?
Judge and court admin and deputy when authorized
court is neutral and impartial
State v Rutolo
State v Rutolo
Court is neutral and impartial
Rule 7:4-5
follow up on bail bonds - surety
Surety has 75 days to satisfy or file objection to bail bond forfeiture
Rule 7:8-9
follow up on FTA
3 years with no follow up on parking tickets. Tickets can be dismissed
7-11
judges report family and personal litigations #3- 08 Court employees
avoid impropriety
3-08
7-11 Judges report
Report court employee and family members in litigation
Avoid impropriety
3:2-1
Indictables transferred to the prosecutor
48 hrs
7:2-1(e)
telephonic warrants
Only the judge and signed within 48 hrs
7:2-2(a)
probable cause based on
Complaint, Affidavit, Sworn Testimony
7:2-1(b)
complaint for filing
must accept every complaint for filing
Mission of the Judiciary
Short statement
To resolve disputes
To provide justice accurately, fairly and promptly
Who can make judicial determination of probable cause
Judge
court admin and deputy when authorized
Expectation of the court
Proactive
professional
Positive
Justice should be
Fair
Efficient and
Prompt
if Defendant is in custody (custodial arrest)…..bail/warrant
*
bail set in 12 hr first appearance 72 hrs Warrant if it meets criteria Rules 7:4-1 3:26-1 Directive 13-04 and 9-05
Bail Schedule
*
13-04 #9-05
only judge can impose higher or lower bail.
can not exceed $2500 on 4th degree crime
Who can set bail?
Rule 7:4-2
*
SC Judge
MC judge
When authorized - Court Admin and Deputy
ONLY JUDGE can modify
Who can modify Bail
only the judge
Posting Bail
Rule 7:4-7
*
may post bail at
any police dept
any jail with in custody
any municipal court in NJ
Receipt for all cash bails
recog on all bail
post in ATS/ACS
Back log
*
Cases over 60 days old
Who can set bail on a summons or CDR1
No bail on summons only warrant
Bail bond forfeiture follow up
*
75 days from date of notice
Bail Forfeiture
*
7:4-5
any breach of condition of recognizance, judge may forfeit
Court admin enters date of forfeiture
Bail Receipt v bail recognizance
RECEIPT a written acknowledgement that a sum of money has been given to the court. A receipt is not to be used on a bond
RECOGNIZANCE a promise, contract or agreement that the defendant will return to court on the date and time listed on the form
Standard entry of tickets
Local 4 days
state 7 days
When is judicial probable cause required on a special form of complaint/
When private citizen is the complaining witness
Why is accuracy crucial
justice correct answers to questions valid information on drivers record appropriate mgmt. of cases proper flow through system public access/ NJMCDIRECT.Com
Can not change substantive
statue or ordinance number date of offense missing statue number time and location signature of officer
Dismissed tickets
When it is signed Plea agreement prosecutors motion false ID unserved within 45 days
Why Ticket control
checks and balances
Vital function of the municipal court
Types of voided tickets
Incomplete
lost
Spoiled
Superseded - does not need to be on the record
when you have large number of dismissals
place on the record with the name and date of report first and last ticket number
Doo not pull each ticket
Joint Liability
Owner and Driver liability on parking tickets
Leasing company information has to be notorized
Why is handicapped parking court mandatory
Subsequent/enhanced penalties
Prima Facia
Testimony sufficient on its face value to convince the judge “face Value’
Dismissal of parking tickets
If the MC fails to follow up with in 3 years the tickets must be dismissed
Rule 7:8-9
“Fairness”
Expired License
39:3-10
39: 3-10A expired
39: 3-10B unlicensed
if paid at the window - take copy of license and file with ticket
Warrants on parking tickets
no warrants on only one parking ticket or two tickets within 24 hrs
Use of Motor Vehicle website
Handicapped parking
“never been there’
auto pick errors
judge request abstract
Must defendant sign Bail Recognizance?
*
YES must have defendant siged when bail is posted
maybe faxed and faxed back.
also must sign bail waiver on pay able tickets
Types of surety
*
non-corporate - someone other than the defendant posts bail and insures the debt
corporate - insurance co that insures debt
more than one surety - each gets separate recognizance
Executive components of the Vicinage
Julio Menedez - assignment
Louis Belasco - presiding
Howard Berchtold - admin
Tina Lalina - Div mgr
Define Balance of Powers
All three branches if the govt are equal
so no branch becomes more powerful
how does it relate to prob cause - impartial and balance of powers
Meaningful event
Use real court dates - not holidays
create real expectations that the event will happen
long enough to allow preparation but short enough to encourage preparation
adjournment policy
Should not grant w/o showing goo cause
create expectation that an adjournment will be denied rather than granted
Fiduciary responsibility
the MC handles public money
Responsibility to the public in order to gain trust and confidence in the mc system
When is a defendant entitled to a public defender
When indigent Consequences of magnitude - incarceration - DL suspension - fines greater than $800
Handling of public defender fees?
Misc payment
When not paid the town may follow up with civil suit - can not prevent public defender if fee is not paid
- can not be in tpay, cause no warrant on FTA/TPAY
Accountability Formula
Responsibility + Authority = accountability
Court admin is responsible for the effective operations of court and staff
most important core value
INDEPENDENCE
need independence to support the others
CORE VALUES
Independence
integrity
Fairness
Quality of Service
Why right to bail?
State v Johnson
US Constitution
Rule 7:4-1
Bail Discharge v Bail Refund
*
DISCHARGE is when non cash bail is released by the court b/c def fulfilled his obligation by appearing in court
REFUND cash bail refunded to surety by check
Why MVC limited access
MVC executive branch
only limited personnel should have access
When reviewing bail report - how doe you zero outstanding bail?
return or discharge bail
schedule case to court
forfeit bail
Time standard
*
Directive #1-84
60 Days for DWI
Why is it important to be accountable and responsible as a court manager?
- We are public servants
- public must have trust and confidence in the judiciary
Case Flow
*
The movement of a case from initiation to disposition
Case Management
*
coordination and creation of court events so that cases move to disposition in a timely process
Caseflow management
*
The entire set of actions that a court takes to monitor and control the progress of cases: from initiation through disposition and post disposition work, to ensure that justice is done promptly
no 10% restriction
*
Bail restrictions
except first and second degree cases and certain crimes of offenses involving domestic violence
Conditions of bail
*
non contact with victim surrender travel documents comply with DCPP (DYFS) do not return to the scene must not be within 500 ft of school zone wear ankle or wrist restraints
7:4-1 right to bail
*
Every defendant has the right to bail Presumed innocent unnecessary detention - can not be excessive - based on criteria
** MUST KNOW
Bail directive 13-04 9-05
State wide bail policies
Municipal presiding judge must ensure procedures are in place for periodic bail reviews of jailed defendants so that the defendant are not jailed unnecessarily - video court
post adjudicated warrants not automatically the amount of outstanding fines (FTA on court order)
Cannon 1
performance of duties
Cannon 2
protection of confidential information
Cannon 3
Avoid actual or apparent impropriety
Cannon 4
Avoid actual or apparent conflicts of interest
Cannon 5
Outside employment and other outside activities
Cannon 6
political activities
Cannon 7
nepotism
cannon 8
Testimonials, awards and other honors
Electronic payments
No person or organization that is a defendant for criminal matter SHALL be entitled to offer a credit card or payment of bail for 1st, 2nd or 3rd degree crimes
When default on TPAYS
- removes 12 month (paid in full)
- judge can vacate up to $200
- Indigency guidelines 250% of poverty level
2-10
must offer payment alternatives
can not suspend nor vacate RT and UF
default: dl suspension and warrant FTA
Plaintiff costs
cost may be charges to complainant in certain cases when the judge dismisses complaint or acquits defendant and finds that the charge was false and not made in good faith
Court cost are not to exceed
$33
7:4-1 Right to Bail because
Right to bail - presumed innocent
MANDATORY WARRANT
1 Homicide 2 kidnapping 3 aggravated manslaughter, Manslaughter 4 robbery 5 Aggravated sexual assault or contact, sexual assault or contact 6 2nd degree aggravated assault 7 arson, aggravated arson 8 burglary 9 1st and 2nd degree drug possession 10 crime using a firearm or conspiracies or attempts
Accept v issue
Accept - but still need probable cause (accept for filing)
Issue - determine probable cause and issue complaint (summons/warrant)
Issue Process
to make determination of probable cause
Accept for filing
Not issue
Not determine Probable cause
just accept for filing
How can you tell if probable cause was found
it is signed by who found it and box checked
Directive #11-07
Bail on illegal immigrant
*
Contact prosecutor
they contact ICE
- bail criteria is a matter of opinion - you just need to back up your reasoning
- family ties or length in community NOT factors of FTA
Types of Bail
*
CASH - $, Check, MO - credit card if not 2nd, 3rd, or 4th degree
10%
no 10%
BOND - sign and date recog.+ state bail has been discharged
ROR - released on his/her own Recognizance
Executive Components of Municipal court
*
relationship between the Judge and Court Administrator
* purpose to administration of justice
Successful (case) management requires…
*
judicial and administrative are equally important
12 hrs
to set bail
48 hrs
trans to Prosecutor
sign telephonic warrant
72 hrs
arraignment
30 days
issue and serve complaint
FTA to close out
14 days
?
10 days
?
45 days
if unsigned and unserved - dismiss
3 years
parking tickets dismissed
examples of Bail Conditions
- Prohibits contact with victim
- surrender travel documents
- do not return to scene of the crime
- comply with DCPP (DYFS)
- must not be within 500 feet of school
- wear ankle or wrist restraints
examples of bail restrictions
- NJSA 2A:162-12 updated Nov 2011
- now include domestic violence
- FULL cash bond by auth corp or secured by real property
- FULL CASH BAIL
