Court Link: NJ Judiciary Mission Statement Your Rights NJ Judiciary Municipal Courts Your Day in Court Definitions of People Involved Mediation DWI Penalties Statutes Referrals
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WELCOME TO KENILWORTH BOROUGH MUNICIPAL COURT WEBSITE

We hope this website will provide you with some insight into the Municipal Court procedures. �The information that we are providing on this site is intended to aid you, the customer in making informed decisions.� Please contact this court if additional information is needed.

Kenilworth Municipal Court handles the following matters: disorderly and petty disorderly persons offenses; violations of municipal and county ordinances; violations of motor vehicle and traffic laws; weights and measures. �An offense is a disorderly persons or petty disorderly persons offense and is heard in municipal court. �Crimes are indictable charges and are designated as being of the first, second, third or fourth degree.� They are heard in Union County Superior Court.

Payments can be made during our hours of operation or by mail to Kenilworth Municipal Court. �We accept Visa or MasterCard, cash, check or money order. �After hours payments can be made using the Court Payment Lock Box located in the Kenilworth Police Department entrance, Kenilworth Municipal Building, 567 Boulevard, Kenilworth, NJ.� Make checks or money orders payable to Kenilworth Municipal Court. �Traffic summonses that are not court appearance required can also be paid through the Internet on the website www.njmcdirect.com. �Online payment hours of operation are:

If you wish to plead not guilty, you must notify the court at the address or telephone number listed on this website at least 7 days prior to the court date listed on the front of the ticket. �If you fail to notify the court, it may be required for you to make additional court appearances. �For all criminal complaints, tickets marked court appearance required or tickets not listed on the Statewide or Local Violations Bureau Schedule, you must appear in court on the date and time listed on the complaint or ticket.� Please notify the court of any change or correction of address so that you may receive court notices.

The Judiciary will make reasonable accommodations for those with disabilities.� Please notify the court of the disability accommodation that is needed.�

THE NEW JERSEY JUDICIARY MISSION STATEMENT

We are an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of law and to protect the rights and liberties guaranteed by the Constitution and laws of the United States and this State.

Required to accomplish our mission are four paramount values representing the core of what we stand for as an organization:

• Independence
• Integrity
• Fairness
• Quality Service

YOUR RIGHTS AS A DEFENDANT IN THE
�MUNICIPAL COURTS IN THE STATE OF NEW JERSEY

NEW JERSEY JUDICIARY
MUNICIPAL COURTS OF THE STATE OF NEW JERSEY
YOUR DAY IN COURT

Do I need to appear in court if I choose to plead guilty and pay the fine?
If the �Court Appearance Required� box has not been checked on the complaint and if the charge is listed on either the Statewide Violations Bureau Schedule or the Local Violations Bureau Schedule, you may pay the fine without appearing in court.� The Statewide Violations Bureau Schedule is a list of state offenses that may be paid without going to court.� The Local Violations Schedule is a list of municipal ordinances that may be paid without going to court.� You may pay your fine at the court�s payment window, by mail or by using the Internet at www.njmcdirect.com.� If you pay without going to court, you will be pleading guilty and giving up your right to a lawyer and your right to a trial.� Court appearances are always required in criminal matters.

If I can plead guilty without going to court, how much will I have to pay?
The amount of the fine is in the Statewide or Local Violations Bureau Schedules.� These schedules are available for review at the Municipal Court office.� The Statewide Violations Bureau Schedule is also posted on the Internet at www.njcourtsonline.com.

What should I expect when I go to court?
Prior to entering the courtroom, please turn off or silence your phone or pager.� When you get to court, check in with court staff.� Listen to instructions from court staff and from the judge.� The proceedings are sound recorded, so please remain quiet until it is your time to speak.� The judge will give an opening statement explaining court procedures, defendants� rights and penalties.

A case may be postponed to give you time to obtain representation by a private attorney or by a public defender (if you qualify) and prepare your defense.� If you need a postponement, ask the court staff for assistance.

If your case involves a dispute between you and another person, you may be required to participate in a discussion with a mediator to attempt to settle the dispute without going in front of the judge.

What is a plea agreement?
A plea agreement is a way to settle a case.� Plea agreements are negotiated with the prosecutor, an attorney who represents the state.� No plea agreement is permitted for DWI or certain drug offenses.� You will be given the opportunity to speak to the prosecutor to try to settle your case.� The prosecutor may amend the charge to one that is less serious or to lower the points in a traffic case.� The prosecutor may recommend that another offense or offenses be dismissed or a specific sentence may be recommended.� You are not required to speak to the prosecutor.� All plea agreements must be approved by the judge.

What happens if I plead guilty in court?
If you plead guilty in court, the judge will ask questions regarding the offense charged to make sure there are facts to support the guilty plea and to determine that it is voluntary.� The judge will then make a finding and impose a sentence.� If you plead guilty or are found guilty of traffic offenses in court, the penalties listed on the Violations Bureau Schedule do not apply.

What if I plead not guilty?
If you plead not guilty, the judge will preside over a trial to determine whether you are guilty or not guilty.� The trial may be held that day, but in certain circumstances it may be rescheduled.

In a trial, the prosecutor first will call the state�s witnesses (witnesses against you). �They will answer the prosecutor�s questions and present any other evidence they have. �When the prosecutor is finished with each witness, you, or your attorney, will be permitted to ask them questions about their testimony.

When the prosecutor�s case is complete, it will be your turn to call witnesses and present evidence on your behalf.� You may testify, although you are not required to do so.� If you testify, the prosecutor can ask you questions (cross-examine you).� After all witnesses and evidence have been presented, the judge will decide whether you are guilty or not guilty.� If you are found guilty, the judge will impose a sentence.

Can I use the Internet to find more information or to plead guilty and pay a fine?
Yes. For certain offenses, where a court appearance is not required, you can find out the total amount that you must pay if you plead guilty and pay through the Internet at www.njmcdirect.com.

You can obtain more information about the municipal courts and other parts of the New Jersey Judiciary at www.njcourtsonline.com.

If I am found guilty, what happens after court?
You will be required to pay all monetary penalties, as ordered by the judge.� Under certain circumstances, the court may permit you to pay over a period of time.

You will be given instructions on how to comply with any other parts of your sentence.

How can I appeal a decision of the court?
If you disagree with the judge�s decision, you may appeal, but if you appeal, you must file the appeal within 20 calendar days of your conviction.� You will be required to pay a deposit that will be applied against the cost of preparing a transcript of the trial.� You also will be required to pay a $75 filing fee.� Please ask the court staff to provide you with a copy of the appeal packet, �How to Appeal a Decision of a Municipal Court�.� Information on representing yourself in an appeal is also available at www.njcourtsonline.com, the Judiciary�s Website.

What happens when the court�s orders are not obeyed?
People who do not come to court when summoned or subpoenaed, make payments as required, or comply with other requirements of their sentences, face additional punishments including fines, drivers� license suspensions, arrest and jail.

DEFINITIONS OF THE PEOPLE INVOLVED

COMPLAINANT: The complainant is the person who signed the complaint in a legal action or proceeding.� The complainant is a witness for the State and will generally be given an opportunity to speak with the Municipal Prosecutor about the case.

DEFENDANT: The defendant is the person formally accused of the violation in a legal action or proceeding.� The defendant will be informed of the charges, possible penalties and right to a lawyer.� The defendant is presumed innocent until proven guilty beyond a reasonable doubt.�

DEFENSE ATTORNEY: The Defense Attorney is the lawyer the defendant hires to represent himself/herself in a legal action or proceeding.�

PROSECUTOR: The Prosecutor is the lawyer appointed by the municipality to represent the State.

PUBLIC DEFENDER: The Public Defender is the lawyer appointed by the municipality to represent those defendants who cannot afford their own lawyer.

VICTIM: The person who is harmed or made to suffer from an act.

WITNESS: Someone who testifies as to what was seen, heard or otherwise known or offers evidence in court.

WHO IS ENTITLED TO THE PUBLIC DEFENDER?
A defendant is entitled to be represented by the Public Defender, when the defendant is facing a Consequence of Magnitude; the potential sentence presents a risk of going to jail, losing driving privileges or receiving a substantial fine, and the court establishes that the defendant cannot afford an attorney.� The court may charge an application fee of not more than $200.00.

WHAT IS BAIL?
Bail is the money posted with the court to secure the release of the defendant with the condition that the defendant will appear for every court proceeding until final disposition.� The bail may be forfeited if the defendant does not appear in court and a warrant may be reissued.

WHAT IS PROBATION?
Probation is a sentence that judges can impose on people in certain cases. �Probation allows an offender to serve his or her sentence under the supervision of a probation officer.� A sentence of probation may require an offender to pay fines, to pay restitution to the victim of his or her offense, to seek counseling for substance abuse or for family problems, or to perform various community service work.� People on probation remain under the authority of the court until probation is completed.� Offenders who violate the conditions of probation may be returned to the court and may be resentenced.

WHAT ARE POSSIBLE PENALTIES UPON CONVICTION?
The conviction of a disorderly persons offense could result in a maximum fine of $1,000.00 and other mandatory assessments.� The conviction of a petty disorderly persons offense could result in a maximum fine of $500.00 and other mandatory assessments.� The Municipal Court may impose a jail sentence that cannot exceed six months for disorderly persons offense and cannot exceed 30 days for a petty disorderly persons offense.� Certain criminal and traffic offense convictions require mandatory license suspensions.� The judge is mandated to order community service on certain traffic offense convictions and may order it on a criminal offense conviction.� The judge may order probation on certain criminal offense convictions.� Community Service and probation is served through the Union County Probation Department.

WHAT IS AN EXPUNGEMENT?
Expungement means the extraction and isolation of all records on file within any court of an offense within the criminal justice system.� New Jersey law provides a limited right to expungement.� The purpose of the law is to give a person who has either one or very few convictions a fresh start.� The law also provides for the removal of records of arrests where the arrest did not end in a conviction.� The expungement law states in detail who is eligible for an expungement.� You should review N.J.S.A. 2C:52-1 et seq. to determine if you are eligible.� An eligible person must prepare and file a Petition for Expungement.� A Petition for Expungement must be filed in the Superior Court in the county where the arrest or prosecution took place.� A judge then decides whether the person should be granted an Expungement Order, which means that with some exception, the criminal proceeding never happened.

Any person convicted of a disorderly persons or petty disorderly persons offense under the laws of this State who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, or of another three disorderly persons or petty disorderly persons offenses, may, after the expiration of a period of 5 years from the date of the conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, file a Petition for Expungement.� Any person that has been found guilty of violating a municipal ordinance of any governmental entity of this State and who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, and who has not been adjudged a disorderly person or petty disorderly person on more than two occasions, may, after the expiration of a period of 2 years from the date of conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, file a Petition for Expungement.� Any person that has been arrested or held to answer for a crime, disorderly persons offense, petty disorderly persons offense or municipal ordinance violation under the laws of this State or of any governmental entity thereof and against whom proceedings were dismissed, or acquitted or was discharged without a conviction or finding of guilt, may at the time following the disposition of proceedings, file a Petition for Expungement.

If you are filing a Petition for Expungement for charges that arose from Kenilworth, the Petition for Expungement would be filed in Union County Superior Court.� You can contact this court for a copy of a Petition for Expungement packet.

COMMUNITY DISPUTE RESOLUTION PROGRAM
MEDIATION IN YOUR MUNICIPALITY

INTRODUCTION

The Community Dispute Resolution Program utilizes trained volunteers from your locality to help resolve disputes.� Mediation is often the preferred option for disputes that involve people in ongoing relationships such as neighbors, friends, relatives, and co-workers.� Mediation is available to everyone who lives or works in Union County.

WHY SHOULD I TRY MEDIATION?

Mediation is a structured and confidential form of negotiation that provides you with a convenient, fair, and effective way to resolve disputes.� If your case is heard in court before a judge, there is usually a least one loser.� You do not negotiate, and you do not decide what happens to your case.� The judge must make a decision in accordance with the law.

In mediation, by contrast, you have significant control over the process.� A court-appointed, trained mediator assists you and the person(s) with whom you are in conflict in negotiating a solution to your problem.� It is a solution that both sides consider fair and reasonable.� Mediation often results in a win-win outcome.� Moreover, no one ever gets a police record.

WHAT ARE THE COSTS?

Mediation is free.� There are no court costs, and there is no payment to the mediators.

WHO ARE THE MEDIATORS?

Mediators are concerned members of the community who have volunteered their time and talents to provide a free, effective, and timely method for settling disputes.� They are required to complete an intensive training course and to participate in ongoing educational activities.� All mediators must be approved by the N.J. Superior Court.

WHAT KINDS OF MATTERS ARE APPROPRIATE FOR MEDIATION?

Mediation can be used for the less serious kinds of disputes that you may consider taking to court.� These matters include conflicts between neighbors, landlord-tenant disputes, disagreements between customers and merchants, and a wide assortment of interpersonal problems such as noise complaints and conflicts involving pet owners.

HOW DOES MEDIATION WORK?

In order to maximize the likelihood of success, it is important that both parties cooperate with the mediator and understand some basic ground rules.� Specifically, the following points are important:

• Mediators do not decide who is right or wrong.� They facilitate a discussion between the parties.
• The parties are expected to negotiate in GOOD FAITH.� Both sides will be committed to reaching a mutually acceptable agreement.
• Each side will be given an equal chance to talk, but only one person may speak at a time.
• Name calling, foul language, rowdy behavior, and threats will not be tolerated.
• Only individuals directly involved in the dispute are allowed to be present at mediation sessions.
• Mediators are prohibited from discussing the dispute with anyone not directly involved.
• Although not required for the purposes of mediation, evidence (e.g., receipts or photographs) may be submitted; and witnesses may appear so long as they contribute relevant information.� It is the disputants� responsibility to arrange for the appearance of any witnesses.
• Attorneys may attend mediation sessions in an advisory capacity, but they are not allowed to actively participate.
• Mediation sessions are confidential.� Disclosures and proposals made in an effort to resolve disputes cannot be used in any subsequent court proceeding concerning the matter.

THE AGREEMENT

If an agreement is reached, the mediator will put it in writing.� Each party will sign the agreement and receive a copy.� If no agreement is reached or if an agreement is subsequently broken, the complaining party may wish to pursue a formal action in Municipal Court.

TYPES OF CASES TO BE REFERRED

A.  Among the types of cases that may be referred to mediation are matters normally heard by a Municipal Court, including the following:

• Criminal mischief
• Trespasses
• Obstruct or harass
• Creating disturbance
• Noise complaints�
• Animal complaints
• Defacement of property
• Annoying phone calls
• Neighborhood disputes
• Merchant/customer disputes
• Landlord/tenant disputes
• Property disputes
• Theft (first offense)*
• Shoplifting (first offense)*
• Larceny (first offense, under $200)*
• Bad checks (first offense, under $200)*
• Simple assaults (non-injury), except those that can be classified as domestic violence
• Family disputes, except those that can be classified as domestic violence

*MEDIATION OF THESE OFFENSES MUST BE APPROVED BY THE JUDGE

B.  Mediation cannot be used in complaints against juveniles, but juveniles may bring complaints against adults.� Problems involving allegations of child abuse cannot be mediated.� Moreover, a case cannot be referred to mediation when the police have already made an arrest.� Traffic tickets and indictable offenses cannot be mediated.

PENALTIES FOR CONVICTION OF DRIVING WHILE INTOXICATED 39:4-50

I.D.R.C.

WHAT YOU SHOULD KNOW ABOUT THE INTOXICATED
DRIVER RESOURCE CENTER PROGRAM

HOW DOES THE PROGRAM APPLY TO ME?
If you have been convicted of an alcohol or drug related traffic or boating offense in New Jersey, you must satisfy the requirements of the Intoxicated Driving Program (IDP) and the Intoxicated Driver Resource Center (IDRC).� These programs have two purposes: (1) to make our highways and waterways safer by educating drivers and boat operators about alcohol, drugs and their relation to motor vehicle and boating safety, and (2) to identify and treat those who need treatment for an alcohol or drug problem.

WHAT PROGRAM MUST I ATTEND, AND WHERE IS IT?
If you are sentenced as a first offender, you will be detained, educated, and evaluated for at least six hours each day on two consecutive days, a total of 12 hours in your county IDRC.� If you are sentenced as a second offender and not sentenced to jail or inpatient treatment, you will be detained, educated and evaluated during a period of 48 consecutive hours in a regional facility.� If you are sentenced as a third offender, the court may sentence you to jail or to an inpatient alcoholism treatment program or both.� IDP will schedule you to appear at the 12 hour IDRC for follow up.� You may be required to participate in additional treatment or self help.� In all cases you must satisfy the program, fee and treatment requirements of IDP/IDRC before your license is restored.

HOW MUCH DOES IT COST?
Motor Vehicle Commission (MVC) will send you a notice confirming your license suspension and will bill you $150.00 for the MVC restoration fee.� This fee of $150 is payable immediately to the Motor Vehicle Commission upon confirmation of your suspension.� In addition, you must pay $150 upon attendance at a 12 hour IDRC or $200 at a 48 hour IDRC.� If you are referred to a treatment program you are also responsible for those costs.

IF I DON�T LIVE IN NEW JERSEY, MUST I STILL COMPLY?
Yes.� The driving privilege restoration and IDP fees ($150) still must be paid to Motor Vehicle Commission.� If you live within driving distance of an IDRC in New Jersey, you will be scheduled to appear there.� If not you will be given an opportunity to satisfy the requirements in your home state.

WHAT IF I DON�T PARTICIPATE?
If you fail to appear at the IDRC or do not satisfactorily complete a prescribed treatment or self help program, or pay the fees on time, your license suspension will be extended or reimposed, and you may also be jailed two days for non-compliance.� IDP/IDRC program completion will still be required.

WHAT HAPPENS AT THE IDRC?
You will pay the IDRC program fee and complete a questionnaire.� You will attend a series of educational sessions and discussions.� You will meet with a counselor for a personal evaluative interview.

WHAT DOES THE EDUCATION PROGRAM DO?
The education program, which is part of the 12 and 48 hour IDRC, contains information on social and problem drinking, stages of alcoholism, the family and other relationships, alcohol and drugs and their effects on driving ability, and the New Jersey Intoxicated Driving Law.

WHAT HAPPENS AFTER I HAVE BEEN DETAINED AND EVALUATED?
You may be referred to a treatment program or self help group for alcohol or drug problems.� If you are referred to treatment, it will be for a minimum of 16 weeks.� The IDRC may require monitored treatment or self help group attendance for a maximum of one year.� You must complete treatment as part of your sentence.

WHAT ABOUT MY DRIVER�S LICENSE?
Your driving privilege will be restored when you have served all court and MUC imposed suspensions and if you are in compliance with all Intoxicated Driving Program and Intoxicated Driver Resource Center requirements.

WHAT IS IDP/IDRC?
The Intoxicated Driving Program is a unit of the Division of Addiction Services of the New Jersey Department of Health and Senior Services.� The IDRCs are units of, or contractors to, the 21 counties.� IDP schedules you for the 12 or 48 Hour IDRC Program and notifies Motor Vehicle Commission when you have completed or failed to comply. IDP staff work with the IDRCs to insure that you are treated fairly under the law.

STATEWIDE VIOLATIONS BUREAU SCHEDULE
COMMONLY CHARGED OFFENSES

If an offense charged below occurred in a Construction Zone, is not listed below, or if �Court Appearance Required� is checked, please contact the Municipal Court listed above to determine the payable amount.

A.	Notwithstanding any other provision of law to the contrary, it shall be unlawful for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property.
B.	A person convicted of a first offense under subsection a. shall be subject to a fine of not less than $50.00 or more than $150.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).
C.	A person convicted of a second offense under subsection a. shall be subject to a fine of not less than $100.00 or more than $250.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).
D.	A person convicted of a third or subsequent offense under subsection a. shall be subject to a fine of not less than $200.00 or more than $500.00 and shall be assessed motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).
E.	An offense committed under this section that occurs more than five years after the prior offense shall not be considered a subsequent offense for the purpose of assessing motor vehicle penalty points under subsection d. of this section.
F.	In addition to any fine, fee or other charge imposed pursuant to law, the court shall assess a person convicted of an offense under subsection a. of this section a surcharge of $250.00 which shall be collected by the court and distributed to the Division of Revenue in the Department of the Treasury as a New Jersey Merit Rating Plan surcharge pursuant to subparagraph (a) of paragraph (2) of subsection b. of section 6 of P.L.1983, c.65 (C.17:29A-35).���� Effective 7/24/00.� Amended.� effective 7/1/04.

Points are assessed against your license for moving violations.� The New Jersey Motor Vehicle Commission assesses these points.

LOCAL VIOLATIONS BUREAU SCHEDULE
BOROUGH ORDINANCE OFFENSES

COMMERCIAL DRIVER LICENSE VIOLATIONS
Your Commercial Driver License (CDL) is at risk if you are convicted of two or more serious traffic violations.� The MVC may, depending on your record, suspend your commercial driving privileges even if the violations were committed in a non-commercial motor vehicle.� For more information regarding violations on your CDL license refer to the MVC website www.njmvc.gov.

MOTOR VEHICLE COMMISSION SURCHARGES
Surcharges are fines assessed by MVC on an annual basis for drivers who have earned excessive points or committed a specific violation such as DWI.� Surcharges are in addition to any court fines/penalties.� If you have received a notice in the mail or discovered there is a lien on your property because of a surcharge please call MVC 609-292-7500 for more information.

REFERRAL RESOURCES
Union County Bar Association, Lawyer Referral Service	908-353-4715
Central Jersey Legal Services, Inc., Union� County Division	908-354-4340
Community Health Law Project	908-355-8282
The Counseling Centers for Human Development, Inc.	908-276-0590
201 Lincoln Avenue East, Cranford (Anger Management Counseling)
UNION COUNTY SUPERIOR COURT
Union County Courthouse 2 Broad Street Elizabeth, New Jersey 07207
STATE OF NEW JERSEY MOTOR VEHICLE COMMISSION REGIONAL SERVICE CENTERS
Trenton Motor Vehicle Commission 120 S. Stockton & Front St., Trenton, NJ 08611
Eatontown Motor Vehicle Commission 109 Route 36, Eatontown, NJ 07724
Wayne Motor Vehicle Commission 1578 Route 23 North, Wayne, NJ 07470
West Deptford Motor Vehicle Commission 215 Crown Point Rd. (I-295, Exit 20), West Deptford, NJ 08086
For License Suspensions and Restorations	609-292-7500
For General Customer Information	609-292-6500
Toll Free in NJ�	888-486-3339

For information on the New Jersey Point System Schedule go to the MVC website www.njmvc.gov

DIRECTIONS TO KENILWORTH MUNICIPAL COURT

FROM GARDEN STATE PARKWAY
Exit 138
Turn left off the exit ramp onto Galloping Hill Road.
Galloping Hill Road turns into Boulevard.� After you
pass through the intersection of Michigan Avenue,�
the courthouse is located on the left between 24th
Street and 23^rd Street.

FROM ROUTE 22, EASTBOUND
Turn right onto N. Michigan Ave. (After McDonald�s)
Turn right onto Boulevard.
The courthouse is located on the left between 24^th Street
and 23^rd Street.

FROM E. WESTFIELD AVENUE (HEADING WEST)
Turn Right onto Faitoute Avenue.
Turn Left onto Boulevard.
Courthouse located on the left between 24^th Street
and 23^rd Street.