New
Jersey DWI -- The Steps of Litigation
Legal procedure can often appear to be a complicated
maze to those who are unfamiliar with the court system. It
is important that you contact
a competent and knowledgeable attorney when faced with
a DWI charge so that you avoid the many pitfalls and potential
problems that can arise when your case goes to trial.
Before trial:
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
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