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Wendy Review notes > NJ AOC REVIEW > Flashcards

NJ AOC REVIEW Flashcards

1
Q

Bonding

A

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.

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2
Q

Directive #13-04

A

Bail recognizance, forfeiture and remitter guidelines

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3
Q

Bail #9-05

A

BAIL SCHEDULES AND POILICIES
set bail from Schedule II
no $ on ROR
Statewide bail policies

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4
Q

Use of Warrant instead of Summons

R 3:3-1(c) and R &:2-2(b)

A 
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
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5
Q

Bail Criteria

R 3:26-1 and R 7:4-1

A 
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
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6
Q

Bail Conditions vs Bail Restrictions

A

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

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7
Q

Directive #1-84

A

DWI must have a 60 day disposition for public safety

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8
Q

State v Buczkowski

A

Complaint to be served and issued within 30 days

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9
Q

4 procedures that must be done if a subpoenaed witness does not appear and is in contempt of court

A

1 prepare CDR2
2 send to another court for Probable Cause
3 send to prosecutor (Indictable)
4 complete litigation

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10
Q

Surety Bond registry

*

A

must check before accepting bond

check agent, agency , and insurance company

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11
Q

Who can set bail for high-end crimes

*

A

only Superior Court Judge

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12
Q

Rule 3:3-1(c)

Rule 7:2-2(b)

A

Conditions of warrant

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13
Q

2/24/1988

accepting checks for bail

A

accepting checks for bail when the defendant is known and the amount is not great

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14
Q

Conditions of Release for
Domestic Violence
*

A

No contact with Victim

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15
Q

Documents that need to be signed on warrants

*

A

Bail recognizance - non -payables

Bail Waiver - payables

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16
Q

Why is the court neutral and impartial

A

The Judiciary is the balance of the three branches of Government

Equalizes the power of the other branches

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17
Q

How does the Due Process Amendment and the Constitution affect the municipal court?

A
  • Accept all complaints for filing
  • service - right to know charges against you
  • public defender
  • speedy trial
  • reading of rights
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18
Q

Expungement

A

Extraction and isolation of ALL records on file

When asked “we have no such record”

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19
Q

Expungement petition

A

File with the case

Municipal court sentence must be complete or court should object to expungement

file in master

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20
Q

Expungement Order

A

Superior Court grants expungement

Extracts and isolate complaint

Permanent retention

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21
Q

Conditional discharge

A 
Suspension of proceedings
- first time only
-criminal history
- Supervisory treatment
  < 3 years and collect penalties

DL suspension 6-2 years

Code 8 in disposition

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22
Q

Temporary license can be for ? long

A

Max of 6 hours

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23
Q

Filing of Violations of restraining order (VRO)

A

must be where alleged offense (incident) occurred

10% bail restricted, must be full bail

bond bail plus $20,000

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24
Q

Domestic Violence - civil complain and TRO

A

Only issued by judge

goes to Superior Court Judge, in emergency (after Hours) then the municipal court judge

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25
Q

Penalty Enforcement Actions

A

Court handles the same as any other case

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26
Q

Indictables must be transferred to Prosecutor within ?

A

48 hrs

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27
Q

Filing of a Domestic Violence Complaint

A

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

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28
Q

Plea by mail (affidavit)

A

Guilty on minor criminal offenses (NOT domestic Violence)

Traffic - Guilty or not guilty as long as no consequences of magnitude

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29
Q

Subject matter

A

Types of offenses that can be heard in Municipal Court

DP, PDP, Fish and Game, Penalty Enforcement Action, Weights and Measures

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30
Q

Territorial Jurisdiction

A

Geographical area

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31
Q

Who can issue a warrant

A

Judicial officers (when authorized)

  • NOT police department
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32
Q

GOLDEN RULE

R 7:2-1(b)

A

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

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33
Q

When is judicial Probable Cause needed?

A

All Warrants
All Private Citizen Complaints

WHO:
Judge
Court Admin and Deputy Court Admin - when authorized

NEVER Police Dept

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34
Q

What is Probable Cause BASED on?

A

Complaint
Affidavit
Sworn Testimony

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35
Q

What is Service?

A

Service is a constitutional requirement that a defendant receives notice of the charges against him or her.

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36
Q

Effective and Non Effective Service

A

EFFECTIVE unclaimed, refused, ordinary not returned

NONEFFECTIVE moved, not fwd, attempt unknown, no such number or address, insufficient address

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37
Q

Notice

A

Notice to appear in court

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38
Q

SUBPOENA

A

Under penalty

A legal writ to require the recipient to appear in court to testify

not a notice

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39
Q

Serving a subpeona

A

Must be personally served and NOT Mailed

Must have proof of service to the court

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40
Q

Who can issue Subpoenas?

A

Judicial officer
Attny in the name of the court admin
Law enforcement officer

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41
Q

When do you prepare a subpoena?

A

1 direction of the court(judge)
2 indigent defendant
3 If prosecutor lacks secretarial help

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42
Q

Request for Discovery

A

Prosecutor has 10 days to respond

20 days to reciprocate

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43
Q

First Appearance

A

First appearance must be within 72 hrs and bail set within 12 hrs

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44
Q

Consequences of Magnitude

A

1 sentence of imprisonment
2 DL suspension
3 money sanctions of $800 or more ($750 prior to 9/1/2014)

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45
Q

Motion to Consolidate

A

Trial of complaints together

Assignment judge needs to set which court will hear the ‘combined’ cases

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46
Q

Custodial Arrest

A

on a warrant only if it meets criteria

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47
Q

Probable Cause

A

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

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48
Q

What is Probable Cause based on?

A

Complaint
Affidavit
Sworn Testimony
CAST

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49
Q

When is Probable Cause needed

A

on all warrants and private citizen complaints

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50
Q

If Probable cause is not found - procedure?

A
  • give to judge for review
  • if judge does not find prob cause dismiss on the record
  • is public record
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51
Q

What is bail?

*

A

money deposited with the court for temporary release to appear in court
should not be punitive and
not to ensure payment of fines

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52
Q

When should bail be set/determined

A

Within 12 hrs and first appearance with in 72 hrs

or ROR

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53
Q

Domestic violence relief can be filed where

A 
may file where
- the act allegedly occurred
-defendant resides
- Victim Resides
- Victim is sheltered
Provides around the clock protection
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54
Q

Mediation

A

an alternative way to resolve disputes
may be referred from the bench or window
can be dismissed or returned to the court

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55
Q

State v Pricket

A

An important court case b/c it affirms the independence of the judiciary

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56
Q

ASSIGNMENT JUDGE and the municipal court

A

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

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57
Q

Constitutional Rights

A 
Speedy trial
informed of the nature of charges
to be confronted by witness
compulsory process
counsel for the defense
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58
Q

PRESIDING JUDGE duties

A

Judicial arm of the executive component for the Division
to participate with in session visits
to over see MC judge and vicinage

Louis Balasco

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59
Q

Types of Service

A

Personal - given to individual or to a competent individual over the age of 14

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60
Q

Who and Why do we need judicial probable cause on warrant?

A

Separation of powers and

balance of powers

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61
Q

Who and Why do we need judicial probable cause on private citizen complaints?

A

Judge and court admin and deputy when authorized

court is neutral and impartial

State v Rutolo

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62
Q

State v Rutolo

A

Court is neutral and impartial

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63
Q

Rule 7:4-5

follow up on bail bonds - surety

A

Surety has 75 days to satisfy or file objection to bail bond forfeiture

64
Q

Rule 7:8-9

follow up on FTA

A

3 years with no follow up on parking tickets. Tickets can be dismissed

65
Q

7-11

A 
judges report family and personal litigations
#3- 08 Court employees

avoid impropriety

66
Q

3-08

A

7-11 Judges report

Report court employee and family members in litigation

Avoid impropriety

67
Q

3:2-1

Indictables transferred to the prosecutor

A

48 hrs

68
Q

7:2-1(e)

telephonic warrants

A

Only the judge and signed within 48 hrs

69
Q

7:2-2(a)

probable cause based on

A

Complaint, Affidavit, Sworn Testimony

70
Q

7:2-1(b)

complaint for filing

A

must accept every complaint for filing

71
Q

Mission of the Judiciary

Short statement

A

To resolve disputes

To provide justice accurately, fairly and promptly

72
Q

Who can make judicial determination of probable cause

A

Judge

court admin and deputy when authorized

73
Q

Expectation of the court

A

Proactive
professional
Positive

74
Q

Justice should be

A

Fair
Efficient and
Prompt

75
Q

if Defendant is in custody (custodial arrest)…..bail/warrant

*

A 
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
76
Q

Bail Schedule

*

A

13-04 #9-05

only judge can impose higher or lower bail.

can not exceed $2500 on 4th degree crime

77
Q

Who can set bail?
Rule 7:4-2
*

A

SC Judge
MC judge
When authorized - Court Admin and Deputy

ONLY JUDGE can modify

78
Q

Who can modify Bail

A

only the judge

79
Q

Posting Bail
Rule 7:4-7
*

A

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

80
Q

Back log

*

A

Cases over 60 days old

81
Q

Who can set bail on a summons or CDR1

A

No bail on summons only warrant

82
Q

Bail bond forfeiture follow up

*

A

75 days from date of notice

83
Q

Bail Forfeiture

*

A

7:4-5
any breach of condition of recognizance, judge may forfeit
Court admin enters date of forfeiture

84
Q

Bail Receipt v bail recognizance

A

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

85
Q

Standard entry of tickets

A

Local 4 days

state 7 days

86
Q

When is judicial probable cause required on a special form of complaint/

A

When private citizen is the complaining witness

87
Q

Why is accuracy crucial

A 
justice
correct answers to questions
valid information on drivers record
appropriate mgmt. of cases
proper flow through system
public access/ NJMCDIRECT.Com
88
Q

Can not change substantive

A 
statue or ordinance number
date of offense
missing statue number
time and location
signature of officer
89
Q

Dismissed tickets

A 
When it is signed
Plea agreement 
prosecutors motion
false ID
unserved within 45 days
90
Q

Why Ticket control

A

checks and balances

Vital function of the municipal court

91
Q

Types of voided tickets

A

Incomplete
lost
Spoiled
Superseded - does not need to be on the record

92
Q

when you have large number of dismissals

A

place on the record with the name and date of report first and last ticket number

Doo not pull each ticket

93
Q

Joint Liability

A

Owner and Driver liability on parking tickets

Leasing company information has to be notorized

94
Q

Why is handicapped parking court mandatory

A

Subsequent/enhanced penalties

95
Q

Prima Facia

A

Testimony sufficient on its face value to convince the judge “face Value’

96
Q

Dismissal of parking tickets

A

If the MC fails to follow up with in 3 years the tickets must be dismissed
Rule 7:8-9
“Fairness”

97
Q

Expired License

39:3-10

A

39: 3-10A expired
39: 3-10B unlicensed

if paid at the window - take copy of license and file with ticket

98
Q

Warrants on parking tickets

A

no warrants on only one parking ticket or two tickets within 24 hrs

99
Q

Use of Motor Vehicle website

A

Handicapped parking
“never been there’
auto pick errors
judge request abstract

100
Q

Must defendant sign Bail Recognizance?

*

A

YES must have defendant siged when bail is posted
maybe faxed and faxed back.

also must sign bail waiver on pay able tickets

101
Q

Types of surety

*

A

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

102
Q

Executive components of the Vicinage

A

Julio Menedez - assignment
Louis Belasco - presiding
Howard Berchtold - admin
Tina Lalina - Div mgr

103
Q

Define Balance of Powers

A

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

104
Q

Meaningful event

A

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

105
Q

adjournment policy

A

Should not grant w/o showing goo cause

create expectation that an adjournment will be denied rather than granted

106
Q

Fiduciary responsibility

A

the MC handles public money

Responsibility to the public in order to gain trust and confidence in the mc system

107
Q

When is a defendant entitled to a public defender

A 
When indigent
Consequences of magnitude
 - incarceration
 - DL suspension
 - fines greater than $800
108
Q

Handling of public defender fees?

A

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

109
Q

Accountability Formula

A

Responsibility + Authority = accountability

Court admin is responsible for the effective operations of court and staff

110
Q

most important core value

A

INDEPENDENCE

need independence to support the others

111
Q

CORE VALUES

A

Independence
integrity
Fairness
Quality of Service

112
Q

Why right to bail?

A

State v Johnson
US Constitution
Rule 7:4-1

113
Q

Bail Discharge v Bail Refund

*

A

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

114
Q

Why MVC limited access

A

MVC executive branch

only limited personnel should have access

115
Q

When reviewing bail report - how doe you zero outstanding bail?

A

return or discharge bail
schedule case to court
forfeit bail

116
Q

Time standard

*

A

Directive #1-84

60 Days for DWI

117
Q

Why is it important to be accountable and responsible as a court manager?

A
  • We are public servants

- public must have trust and confidence in the judiciary

118
Q

Case Flow

*

A

The movement of a case from initiation to disposition

119
Q

Case Management

*

A

coordination and creation of court events so that cases move to disposition in a timely process

120
Q

Caseflow management

*

A

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

121
Q

no 10% restriction

*

A

Bail restrictions

except first and second degree cases and certain crimes of offenses involving domestic violence

122
Q

Conditions of bail

*

A 
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
123
Q

7:4-1 right to bail

*

A 
Every defendant has the right to bail
Presumed innocent
unnecessary detention
- can not be excessive
- based on criteria
124
Q

** MUST KNOW
Bail directive 13-04 9-05
State wide bail policies

A

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)

125
Q

Cannon 1

A

performance of duties

126
Q

Cannon 2

A

protection of confidential information

127
Q

Cannon 3

A

Avoid actual or apparent impropriety

128
Q

Cannon 4

A

Avoid actual or apparent conflicts of interest

129
Q

Cannon 5

A

Outside employment and other outside activities

130
Q

Cannon 6

A

political activities

131
Q

Cannon 7

A

nepotism

132
Q

cannon 8

A

Testimonials, awards and other honors

133
Q

Electronic payments

A

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

134
Q

When default on TPAYS

A
  • removes 12 month (paid in full)
  • judge can vacate up to $200
  • Indigency guidelines 250% of poverty level
135
Q

2-10

A

must offer payment alternatives
can not suspend nor vacate RT and UF
default: dl suspension and warrant FTA

136
Q

Plaintiff costs

A

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

137
Q

Court cost are not to exceed

A

$33

138
Q

7:4-1 Right to Bail because

A

Right to bail - presumed innocent

139
Q

MANDATORY WARRANT

A 
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
140
Q

Accept v issue

A

Accept - but still need probable cause (accept for filing)

Issue - determine probable cause and issue complaint (summons/warrant)

141
Q

Issue Process

A

to make determination of probable cause

142
Q

Accept for filing

A

Not issue
Not determine Probable cause
just accept for filing

143
Q

How can you tell if probable cause was found

A

it is signed by who found it and box checked

144
Q

Directive #11-07
Bail on illegal immigrant
*

A

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

145
Q

Types of Bail

*

A

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

146
Q

Executive Components of Municipal court

*

A

relationship between the Judge and Court Administrator

* purpose to administration of justice

147
Q

Successful (case) management requires…

*

A

judicial and administrative are equally important

148
Q

12 hrs

A

to set bail

149
Q

48 hrs

A

trans to Prosecutor

sign telephonic warrant

150
Q

72 hrs

A

arraignment

151
Q

30 days

A

issue and serve complaint

FTA to close out

152
Q

14 days

A

?

153
Q

10 days

A

?

154
Q

45 days

A

if unsigned and unserved - dismiss

155
Q

3 years

A

parking tickets dismissed

156
Q

examples of Bail Conditions

A
  • 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
157
Q

examples of bail restrictions

A
  • 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

Wendy Review notes (4 decks)

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