Tuesday, April 28, 2015
Winning Your Case in the Newark Municipal Court: Best Practices in Defending the Newark Municipal Court Charge
The best practice for anyone charged with a municipal court offense, especially in the City of Newark Municipal Court is to hire an experienced attorney who is familiar with the local practices in that court.
Whether it be a traffic offense or a disorderly person’s offense it is wise to seek the advice of an attorney who has 25-years experience in appearing before the Newark Municipal Court. The truth is that under New Jersey motor vehicle laws a traffic violation can have a number of negative effects on many important aspects of your life, which includes, but not limited to an increase in your insurance premiums, motor vehicle surcharges, motor vehicle points, inability to keep or maintain certain types of employment, and loss of driving privileges. In the event of non-appearance before the municipal court, the Newark Municipal Court will automatically report your non-appearance to the New Jersey Division of Motor Vehicles, and in most cases the court will not re-list the case until bail is posted. In the meantime, your privileges in New Jersey to operate a motor vehicle will be revoked and you will not be able to drive until the matter is re-listed, this might take several months or more.
Therefore, it is essential that you retain an experienced criminal and traffic attorney to guide you through the pitfalls and minefields of the Newark Municipal Court. The Law Office of Vincent J. Sanzone, Jr., Esq., only has his client’s best interests in mind and will make every effort to obtain the best possible results based on the facts of your case. Attorney Sanzone promises to aggressively and zealously defend you and protect you within the confides of the law.
P.O. Box 261
277 North Broad Street
Elizabeth, N.J. 07207
Friday, February 20, 2015
Appeals Court Overturns Attorney’s Conviction Because Municipal Court Judge Abused her Discretion in Allowing Private Prosecutor to Prosecute Municipal Court Case against Attorney-Defendant.
Prepared as a Public Service by the Law Office of Vincent J. Sanzone, Jr., a New Jersey Criminal Defense Attorney
In the case State v. Howard Myerowitz, the Secaucus Municipal Court allowed the complaining witness to retain a private prosecutor against Mr. Myerowitz for a charge of harassment.
The New Jersey Appellate Division reversed the conviction on the basis that the municipal court erred by allowing the private complaining party to have her private prosecutor to prosecute the municipal court charge.
The appellate panel held that the defendant was denied a fair trial and the proceedings were “procedural defective”, since the municipal court did not follow R. 7:8-7(b), and the seminal case State v. Storm. The court reiterated that the appointment of a private prosecutor is only permitted when cross-complaints are filed. As held in Storm, the wide-spread use of private prosecutors in municipal courts would lead to the “erosion of public confidence” in the municipal court system.
Further, the appellate court held that private prosecutors may only be permitted if the cross-complaints would create a conflict of interest for the appointed municipal court prosecutor. Further, in all private prosecutor applications the attorney seeking appointment must fill out a specific form approved by the Administrative Office of the Courts, which was not done in this case.
If you have been charged with a disorderly person’s offense in Secaucus Municipal Court, or any other municipal court in Union, Essex, Bergen, Monmouth, Ocean, Middlesex, Somerset, Passaic counties, you should seek the experience of an attorney with twenty-five years of criminal defense experience in defending people charged with crimes in New Jersey.
Dated: February 20, 2015
277 North Broad Street
P.O. Box 261
Elizabeth, New Jersey
Telephone No. (908) 354-7006; Cell No. (201) 240-5716
Quote of the day: “... for the ones with great difficulty and no clear evidence of success, plot away at the task of awakening in just a few men, a small spark of faith, of hope and of charity.” Karl Rahner, S.J.