The Importance of Discovery in NJ Municipal Court

Many attorneys take for granted the use of discovery in NJ municipal court matters. What is discovery? Discovery is evidence that you gather from the State or third parties that may assist you with the defense of your case. Discovery in municipal matters, just like in any court matter, is very important. It may lead to a dismissal of charges or to a plea to a lesser offense. In fact, I was recently in Lawrence Township, NJ Municipal Court for a case where my client was charged with a four point ticket for speeding on the New Jersey Turnpike. A review of the requested discovery revealed that the calibration records for the radar gun were not for the radar gun that allegedly clocked my client as speeding. As it turned out, the prosecutor indicated that this was an oversight by the State, which likely was an administrative error. While the administrative error may have been overcome, it was still a stumbling block for the State. As a result, the prosecutor allowed by client to plea to obstructing traffic, which is a no point charge under $100.00. What is even more significant about this plea bargain is that in Mercer County, NJ, the prosecutors usually do not allow defendants to plea to obstructing traffic for a moving violation because there is no real factual basis for the plea. However, in this case, given the State’s mistake, my client was able to plea to this lesser offense

The moral of the story is when you choose a municipal court attorney, choose wisely. You always want to be sure that you have retained someone who will staunchly defend your case regardless of the seriousness of the charge.

For a free initial consultation regarding your municipal court offense, call my office at (609) 585-0606.

I am the owner and operator of the Law Office of H. Benjamin Sharlin LLC, and I serve all of Mercer County, NJ and the surrounding areas. I am a bilingual Spanish-speaking attorney who vigorously represents the interests of all my clients.

Please be advised that this blog is for informational purposes only, is not legal advice and does not create an attorney-client relationship.