________________________________________________________________
John
Menzel, J.D., and the law firm
of Moore & Menzel defend people charged with
drunk driving and related offenses in New Jersey.
Francis X. Moore, J.D., was a leader in drunk driving
defense for decades. John Menzel, J.D., has concentrated
his practice in drunk driving defense since 1988.
In February 2002, they affiliated in the law firm of Moore
& Menzel. Although Francis X. Moore passed away
in August 2003, his legacy continues under the leadership
of John Menzel.
IF
YOU ARE CHARGED WITH AN OFFENSE
THE STEPS OF DRUNK DRIVING LITIGATION
DISCLAIMER
If
You Are Charged with an Offense
If you have received a traffic ticket,
also called a summons and complaint, you may face arraignment,
particularly if you are charged with a serious traffic
offense like drunk driving, breath test refusal, driving
while suspended or revoked, or driving without insurance.
DO NOT IGNORE THE TICKET! If you do, the
municipal court will issue a warrant for your arrest.
The police could take you into custody. You may
have to post bail and pay a fine for not appearing when
required to.
Hire a Lawyer as soon as you can.
More often than not, municipal courts will cancel your
arraignment if a lawyer has sent them a letter verifying
that the lawyer represents you. This is because
the lawyer can generally enter your plea by mail and give
you personally and privately the information a municipal
court would review with you in public. If you cannot
hire a lawyer in time for the arraignment, don't panic.
Call the municipal court before the court date at bottom
of ticket. Instructions for contacting the municipal
court will be on the back of the ticket. Tell the
person taking your call that you are pleading NOT GUILTY
and ask when the next court date will be. Get the
name of the person you speak to.
Go to the Arraignment unless your Lawyer
tells you otherwise. The arraignment is your
first appearance in the municipal court when the judge
asks you how you plead and whether you want a lawyer.
At arraignment, the judge will ask how you plead.
Your plea should almost always be NOT GUILTY. The
judge will also ask if you want to hire a lawyer and,
if so, whether you can afford one. Indigent defendants
can obtain a Form 5A: Application for Public Defendant
to apply for legal representation. Most municipal
courts have these forms available on request. If
you use one, try to keep a copy for your records. If
you are not indigent, hire a Lawyer as soon as
possible.
You Need a Lawyer. Even if
you believe you are guilty, under the law you may not
be. Without the necessary experience, you might
not know of a defense that would lead to your acquittal.
Or you could receive a more severe punishment than that
which would otherwise face. Not only can a lawyer
improve your chances for success, he or she can define
the potential risks and rewards associated with litigation
and help you make decisions that will have long term affects
on you future.
THE STEPS OF DRUNK DRIVING LITIGATION
DISCLAIMER
The Steps of Drunk Driving Litigation
Litigation has many steps. Going
to court - even the municipal court on a drunk driving,
breath test refusal, or other traffic ticket - can involve
a long, sometimes complicated process involving many steps.
A lawyer can guide you through these steps and keep you
informed about what is going on. An outline of most
of the steps in litigation is outlined below.
The Trial Level
·
Issuance of Summons and Complaint.
·
Arraignment in Municipal Court.
·
Plea: Guilty or Not Guilty.
·
Attorney's Appearance.
·
Discovery.
·
Pretrial Motions:
·
Suppress Evidence.
·
Exclude Admissions.
·
Discovery Issues.
·
Trial:
·
State's Case.
·
Direct examination of State's witnesses.
·
Cross examination of State's witnesses.
·
The State rests.
·
Motion to Acquit Defendant.
·
Defense Case.
·
Direct examination of defense witnesses.
·
Cross examination of defense witnesses.
·
The Defense rests.
·
Closing Arguments.
·
Verdict: Guilty or Not Guilty.
·
Sentencing.
·
Motion for Stay of Execution of Sentence.
NOTE: Court rules usually prohibit
plea bargaining of drunk driving and breath test refusal,
marijuana possession, and drug paraphernalia charges.
Appeals to Superior Court, Law Division
·
Notice of Appeal (within 20 days of sentencing
at trial).
·
Briefs filed with Appellate Court.
·
Oral Argument.
·
Verdict: Guilty or Not Guilty.
·
Sentencing.
·
Motion for Stay of Execution of Sentence.
Appeals to Superior Court, Appellate
Division
·
Notice of Appeal (within 45 days of entry of judgment
of conviction in Law Division).
·
Briefs filed with Appellate Court.
·
Oral Argument.
·
Opinion issued for
·
Affirmance
·
Reversal
·
Vacation and Remand
Appeals to New Jersey Supreme Court
·
Certification (i.e., by permission) if Appellate
Division opinion is unanimous).
·
Appeal as of right if Appellate Division is divided.
Appeals Beyond the New Jersey Supreme
Court
·
Petition for Certiorari to the U.S. Supreme Court.
·
Appeal to U.S. Supreme Court if certiorari
is granted.
Post Conviction Challenges to Conviction
·
In State Courts:
· Petition
for Post Conviction Relief within five years of conviction,
except under extraordinary circumstances.
·
In Federal Courts:
· Petition
for Writ of Habeas Corpus in Federal District Court
within one year of exhaustion of State appeals and if
defendant still faces custody (i.e., jail or IDRC).
·
Certification of Probable Cause to Appeal (unless
already certified).
·
Appeal to Federal Circuit Court of Appeals.
·
Petition for Certiorari to the U.S. Supreme Court.
·
Appeal to U.S. Supreme Court if certiorari
is granted.
IF YOU ARE CHARGED
WITH AN OFFENSE
DISCLAIMER
