You may plead Guilty or Not Guilty to certain non-indictable charges against you; such as traffic offenses, disorderly person offenses and ordinances.
If you are charged with an INDICTABLE offense, the Judge cannot ask for your plea because you have the right to a probable cause hearing before the Judge and a trial by jury at the County level if the Grand Jury indicts you.
There are, however, certain INDICTABLE offenses that may be tried by the Judge if you waive indictment and trial by jury in writing and the County Prosecutor consents. You have the right to be informed if you have been charged with such an offense the Judge if you waive indictment and trial by jury in writing and the County Prosecutor consents. You have the right to be informed if you have been charged with such an offense.
You are PRESUMED TO BE INNOCENT until proven guilty beyond a reasonable doubt.
Cases usually will be heard in this order:
- applications for adjournment;
- unlitigated motions;
- arraignments;
- guilty pleas;
- litigated motions;
- contested matters with an attorney;
- other contested matters.
IF YOU ARE IN COURT FOR A TRAFFIC OFFENSE: and you have not previously notified the Court of your intention to plead Not Guilty, speak to the Court Clerk immediately. If the officer or others involved can be contacted to testify, your case may be heard. If they cannot be reached, you will have to make another court appearance at a later date.
WHEN YOU PLEAD GUILTY: it is not necessary to have a trial. You have admitted that you have violated the law. However, you may then explain to the Judge any extenuating circumstances. The Judge will then impose sentence.
IF YOU PLEAD NOT GUILTY: you and the witnesses will be placed under oath to speak the truth. It is necessary for the prosecution to prove the charges against you. Your attorney has the right to ask the prosecution's witnesses any questions pertaining to the charges. If you do not have an attorney, present your questions for the witness to the Judge.
For some violations, the required proof is by a preponderance of the credible evidence as, for example, in Penalty Enforcement Actions, Fish and Games, filtration proceedings, breathalyzer refusal violations, etc.
WHEN THE PROSECUTION HAS FINISHED: you may then present your own witnesses or testify in your own behalf. You are not forced to testify against yourself, but you may testify if you desire. Any evidence you give may be used by either side. If you do testify, the prosecution has the right to: