Archive for March 2010

NEW JERSEY LAWYERS APPLY NEW JERSEY SUPREME COURT DIRECTIVE RELATING TO TIME PAYMENT ISSUES IN NJ MUNICIPAL COURTS FOR PAST DUE FINANCIAL OBLIGATIONS.

New Jersey lawyers are now reviewing a major revision to the law regarding the Municipal Courts of New Jersey and the collection of past due financial obligations owed by defendants who have previously appeared before a municipal court and received a fine resulting from a finding of guilt to a traffic offense or violation of the criminal code. The New Jersey legislature enacted a new statute into law recently which reflects that fines can now be vacated under a variety of circumstances involving a lack of ability by the defendant to pay. In conjunction with the new statute, the New Jersey Supreme Court has issued a directive providing guidance to the courts regarding to time payment issues in municipal courts. Judges are advised to make a factual finding whether circumstances have changed since the imposition of the fine or that it would be unjust to require the defendant to pay. As with any changes to a sentence previously handed down by a court, the changes must be made in open court on notice to the defendant and the prosecutor.

Legal Quote of the Week:

If the provisions of the Constitution be not upheld when they pinch as well as when they comfort, they may as well be abandoned.

George Sutherland, American jurist

Home Building & Loan Assn. v. Blaisdell, 290 U.S. 398, 483 (1934)