NJ courts release informative new manual on criminal practice…
Feb 27th, 2008 | By Michael L. Saile, Jr., Esq. | Category: Blogs, Criminal & TrafficThe New Jersey Criminal Division of the courts released a handy manual setting forth vast information regarding the process of criminal matters in New Jersey. This handbook can help all people involved in a criminal case. The handbook is focused on the procedure regarding an indictable criminal offense.
Most people who come into contact with NJ’s courts are involved in municipal court matters. Hopefully, someday NJ courts will set forth a NJ Municipal Court handbook.
You can find a copy of the new NJ Criminal Manual here: http://www.judiciary.state.nj.us/pressrel/pr080225a.htm
The author of this Law Blog, Bucks County PA & Mercer County, NJ criminal attorney, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law. Check out our website for DUI penalties. We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts. We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts. We handle DUI cases in Philadelphia, Bucks, Chester, Delaware, and Montgomery County, PA. We are located just outside of Philadelphia in lower Bucks County.
Below is a link to the rule book governing the practice in muncipal courts in nj.
I do not know if you can call it a handbook or not, but it is published on the internet.
This is where I found the blurb that said ALL MOTION BEFORE THE MUNCIPAL COURT MUST BE MADE ORALLY ON RECORD, AND NOT IN WRITING, UNLESS THE COURT SO DIRECTS IT TO BE IN WRITING.
This is why I have been upset with my past attorney who put his motions in writing, without be directed to do so by the courty, thus making the motions null and void…. it is really a serious case of malpractice.
Part VII. RULES GOVERNING PRACTICE IN THE MUNICIPAL COURTS
http://www.njlawnet.com/njcourtrules/part-7.html
7:7-2. Motions
(a) How Made. Except as otherwise provided by R. 7:5-2 (motion to suppress), motions in the municipal court and answers to motions, if any, shall he made orally, unless the court directs that the motion and answer be in writing. Oral testimony or affidavits in support of or in opposition to the motion may be required by the court in its discretion.
to a defendant, a client of a defense attortney, it could appear to them that a motion in writing by his/her defense attorney would be only to appease the client, and have no weight or bearing on the case, because the motions must be made orally.
defendants who do not know this , and their attorneys put motions in writing instead of orally on the record, are being scammed by the defense attorney representing them.
the defense attorney probably wants the cae decided in the hallway, and will tell the defendant anything to convince him to take a plea deal or plead guilty, avoiding the job they were hired to do, cross examine the witnesses and evidence in open court for the record.
A case on point.
If a defendant’s attorney hands the judge and prosecutor and court office, a motion for, in writting, a speedy trial, and never puts the motion on record orally, and their is no oral record of the court directing the atttorney to put the motion in writting, the law division upon appeal for speedy trial violation, can rule the motion null and void, because nj court rules were not followed, AND TRHUS ELIMINATE THE
MOST IMPORTANT OF THE 4 ELENMENTS OF BARKER V WINGO, THE ASSERTION OF A DEFENDANT FOR A SPEEDY TRIAL. upon this finding that court rules wree not followed, a defendant’s appeal would be squashed, and remanded back to municipal court for immediate execution of sentence.
At this point, a defendant could and should file a complaint of malpractice against his/her attorney.
IN MY PARTICULAR CASE, I WAS ABLE TO DUPE MY ATTORNEY ASKING OFF THE CASE AT THE 26TH MONTH MARK, ON RECORD, TO SAY THAT A MOTION FOR SPEEDY TRIAL WAS PUT IN WRITTING ON THE 11TH APPEARANCE.
THIS IS AN ORAL MOTION, AND ASSERTION, THAT I HAVE REASONABLE MADE MY REQUEST FOR A SPEEDY TRIAL ON ORAL RECORD.
IF THE LAW DIVISION DOES NOT AGREE, THEN THE MALPRACTICE SUIT WOULD INCLUDFE THIS MALPRACTICE BY MY FORMER ATTORNEY.
PLEASE NOT I FEEL I SHOULD NOT HAVE HAD TO DUPE MY FORMER ATTORNEY INTO SAYING THIS ON RECORD….. DUE PROCESS IN MY CASE, FROM ALL ANGLES HAS BEEN GREATLY SUBVERTED.
SO, AS ALLOWED, AND EXPECTED, BY MUNICIPAL COURT RULES, I AM GOING TO MAKE ALL MY MOTIONS ON ORAL RECORD ON MY 13 COURT APPEARANCE IN MARCH.
MOTION FOR A SPEEDY TRIAL
MOTION TO DISMISS
based on speedy trial violation
due process violations
prosecutorial misconduct
MOTION FOR CONTEMPT OF COURT FINDING AGAINST THE PROSECUTOR
well, i have been formulating my 3-4 page statement in my head these past few weeks .
i am confident i can come up with a great 3 to 4 page statement that is clear, concise, cites case law, and details my thoughts and feelings about what has happened to me.
LOL, NOW I AM GOING INTO MY 21ST APPEARANCE, OVER 1294 DAYS
SO MUCH FOR COURT RULES MEANING ANYTHING