NJSA 2B:25-5 Duties of Municipal Prosecutor; Use of Special Counsel, Private Attorneys
5. a. A municipal prosecutor, except as provided by subsection b. of this section and sections 6 and 7 of this act, shall represent the State, the county or the municipality in the prosecution of all offenses within the statutory jurisdiction of the municipal court as defined by law; including municipal ordinance and municipal code violations pertaining to zoning, land or property use regulation, property maintenance, building or construction. Such other local officials as may be deemed appropriate may be called by the municipal prosecutor in such prosecutions. Nothing contained herein shall prohibit a municipality from hiring special counsel to act as municipal prosecutor for these types of offenses. A municipal prosecutor shall be responsible for handling all phases of the prosecution of an offense, including but not limited to discovery, pretrial and post-trial hearings, motions, dismissals, removals to Federal District Court and other collateral functions authorized to be performed by the municipal prosecutor by law or Rule of Court. As used in this subsection, the term "post-trial hearing" shall not include de novo appeals in Superior Court.
b.A municipal prosecutor may, with the approval of the court and pursuant to the Rules of Court, authorize private attorneys to prosecute citizen complaints filed in the municipal court. A municipal prosecutor may, with the approval of the court, decline to participate in municipal court proceedings in which the defendant is not represented by counsel. The court shall afford the citizen complainant an opportunity to be heard prior to determining whether to approve a municipal prosecutors decision to authorize a private attorney to prosecute a citizen complaint or to decline to participate in a municipal court proceeding in which the defendant is not represented by counsel. When the municipal prosecutor declines to prosecute, the prevailing complainant may make an application to the court for counsel fee reimbursement to be paid out of applicable fines, but such reimbursement shall not exceed the amount of the applicable fines. Upon a finding that a conflict of interest precludes a municipal prosecutor from participating in a proceeding, the court shall excuse the municipal prosecutor and may, in such a case, request the county prosecutor to provide representation in accordance with section 6 of this act unless the municipality has provided for alternative representation.
c.A municipal prosecutor may at any time move before the municipal court to amend or dismiss any complaint for good cause shown in accordance with the Rules of Court.
L.1999,c.349,s.5; amended 2000,c.178,s.1.
Vercammens Law office represents individuals charged with criminal,
drug offenses, and serious traffic violations throughout New
Jersey. Our office helps people with traffic/ municipal court
tickets including drivers charged with Driving While Intoxicated,
Refusal and Driving While Suspended.
Vercammen was the NJ State Bar Municipal Court Attorney of the
Year and past president of the Middlesex County Municipal Prosecutors
and Motor vehicle violations can cost you. You will have to
pay fines in court or receive points on your drivers license.
An accumulation of too many points, or certain moving violations
may require you to pay expensive surcharges to the N.J. DMV
[Division of Motor Vehicles] or have your license suspended.
Dont give up! The Law Office of Kenneth Vercammen can provide
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website www.KennethVercammen.com provides information on traffic offenses
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eligibility points. Car insurance companies increase rates or
drop customers based on moving violations.
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