Linden Municipal Court – Linden, NJ

Oct 26, 2021

A municipal court is a court with restrictive jurisdiction over criminal charges and civil matters inside its geographic area. These courts can be found at the county or city tier.

Linden Municipal Court INformation

Court: Linden Municipal Court
Address: “301 North Wood Avenue, Linden, NJ 07036”
Phone: 908-474-8429

City: Linden
County: Union
State: New Jersey

What is the role of the Linden Municipal Court?

Municipal Courts are often called “courts of limited jurisdiction.” Which means that they work with minor crimes, civil cases, and traffic incidents. Courthouses like Linden Municipal Court are the first level of court for these types of cases.

On the other hand, the purpose of a county court is to deal with a large number of civil disputes within the respective region. Most cases involve family matters, injury cases, more serious criminal infractions, or breaches of contract.

County courthouses have the jurisdiction to deal with misdemeanors and civil actions that can’t exceed the amount of $15k, while the circuits courts handle felonies and bigger civil matters.

TYPES OF Legal Matters adjudicated IN A MUNICIPAL COURT in Linden, New Jersey

Municipal courts are the lowest level of courthouses in the U.S.. They are usually found within the jurisdiction where they are located, but some places share municipal courts with other municipalities.

This can be done to better help their citizens or to save money on costs. The matters that may be heard by a municipal court can change based on on the municipality, but typically include traffic matters, small criminal charges and code violations.

You will not see a set definition for what establishes a misdemeanor crime versus a felony crime, but generally speaking felonies would require more time in jail than misdemeanor charges and fines may also be higher for felonies. Traffic violations usually result in points against your driver’s license as well

What’s the process for cases in the municipal court in Linden?

Municipal courts are the entry level of the court system in the United States. They have jurisdiction over minor crimes, traffic matters, and other civil matters. Municipal courts are popularly known city courts or town courts. Cases are handled by a magistrate who is usually an attorney, judge, or retired judge. Magistrates may be appointed by the mayor or city council board to assist for a specific period of time.

Magistrates preside over hearings to determine:

  • Probable cause for an arrest
  • Set bail amounts and the conditions of release
  • Conduct arraignment hearings when charges are filed against defendants by police officers
  • Issue search warrants to police officers in order to protect evidence from crime locations
  • start preliminary inquiries to establish if there is enough evidence to charge

The typical process of a Municipal Court matter

The common process of a municipal court case can be complicated. The following is an overview of the most common steps involved in a typical municipal court case.

First Step: An Issuance of Summons

A court summons is issued when a person has been charged with violating a city rule or state law. The person who has received the summons will need to be present at their assigned time and place, which is usually the municipal courtroom, to respond for the charge(s) against them. If they don’t come, they may be found guilty in absentia and could be fined up to $1k or given a jail term if it’s a serious enough offense.

Second Step: Appearance before Judge or Magistrate

If someone fails to show up after being summoned by the judge, there may be a warrant issued for the person. 

Municipal Court Penalties in Linden, NJ

Penalties change often, which is why it’s good to speak with licensed attorney near you. The information below represents common penalties, but may not be accurate for the Linden Municipal Court. 

A violation is a crime that carries a penalty of $500 or less, while a misdemeanor crime can carry penalties up to $1k or one year in jail. A person’s driving privileges may be suspended for six months if they receive three speeding tickets within 12 months.

The penalties for different charges in municipal courts vary depending on the severity of an crimes. For example, if you are caught with marijuana without having a prescription for it then you will be fined up to $2,000 or spend up to six months in jail.

Linden Municipal Court Records

Municipal Court records from a municipal court could be difficult to find because they are not always stored in one area or system. The records that a person might need to depend on the type of case they have in front of the court, where it’s at in the process, and what kind of of information is needed by law to be available.

Questions ABOUT the Linden Municipal Court

What is municipal court in Linden, New Jersey?

In New Jersey, the municipal court is a lower level with civil and criminal matters within a town or municipality. Municipal courts will have a small jurisdiction and have limited authority as well, dealing only with petty offenses and misdemeanor crimes.

What does the municipal court handle in Linden, New Jersey?

Depending on the size of the municipality, a municipal court can handle a civil division (cases with less than  $15,000 at issue), a traffic/criminal division, or a housing and environmental division. More serious cases/crimes are deal with by higher authorities.

How many judges does the Linden Municipal Court have?

The number of judges depends on the municipality’s population.

How are cases heard in municipal courts in New Jersey?

A municipal court judge may be either elected or appointed to serve for a set duration or until retirement. Judges are sometimes chosen by precincts with each precinct’s results weighted according to the number of people. Municipal magistrates are often not lawyers but have some legal education and must complete many hours of ongoing education every period to maintain their credentials.