Before Court Procedures
The date the defendant must contact the court to either plead not guilty or pay the fine
What is the "Return Date"?
Permitting the defendant to enter a plea of guilty or not guilty in writing and mailing it to the court for adjudication
What is a "Plea by Mail"?
These cases will be scheduled as virtual initial appearances
What are "Initial Appearance Cases, including Consequence of Magnitude Cases"?
A legal writ requiring the recipient to appear in court to testify or be under penalty
What is a "Subpoena"?
The list of scheduled cases that may be printed and posted outside the courtroom
What is a "Court Calendar"?
Violations that result in mandatory license suspension, involve accidents with injury, or relate to unresolved non-traffic matters
What are "Violations that do not Allow a Plea by Mail"?
To schedule different types of cases at different times to minimize inconvenience to all parties
What is "Staggering"?
These are the consequences that may be imposed based on the severity of the offense, including imprisonment, a driver's license suspension, or a monetary sanction of $800 or more
What is "Consequence of Magnitude Criteria"?
A policy that ensures cases are postponed for valid reasons, while still maintaining prompt justice
What is an "Adjournment Policy"?
The court must ask if the offense includes any limitations stated in R. 7:12-3 and R. 7:6-3, and whether the offense is traffic, parking, or non-traffic (criminal)
What are the "Questions to be Asked before the Court can Approve a Plea by Mail"?
An agreement between the prosecutor and defense attorney/defendant recommended to the court
What are "Plea Agreements"?
These forms are required in the process following a DWI conviction, including notice of conviction, ignition interlock notification, and IDRC forms.
What are "Required Forms for DWI Convictions"?
This happens to a ticket when it is not on the Violations Bureau Schedule, a not guilty plea is entered for it, or the officer requests it
What is "Scheduled for Court"?
Non-traffic cases involving mandatory incarceration, identity issues, domestic violence, intent to seek incarceration, or when excusing appearance is not in the interest of justice
What are "Non-Traffic Cases involving Situations where a Plea by Mail is not Permitted"?
The process in which the court gives priority to summary attorney matters when possible
What is "Sequencing"?
Determines indigency for public defenders and assists the judge with approval and terms of time payments
What is a "Financial Questionnaire"?
When THIS is received, the process is: verify details, check officer's schedule, confirm witnesses, and assign a new court date
What is the process when a "Plea of Not Guilty" is received?
The defendant waives the right to appear personally in court, waives the right to an attorney if unrepresented, provide factual or legal defenses, and includes a statement for the court to consider when determining the sentence if found guilty.
What are the "Conditions Under which a Defendant may Plead Not Guilty by Mail"?
Requires all court proceedings to be recorded
What is "Rule 7:8-8"?
A pre-trial procedure wherein the prosecution provides information to the defense, and vice versa
What is "Discovery"?