Cape May County Criminal Court hears all criminal cases in Cape May County. Below you will find specific information about criminal cases and how they are handled in Cape May County.
Plea Agreements
A Plea Agreement, sometimes known as a Plea Bargain is an agreement between the prosecution and the defendant, where the defendant pleads guilty or no contest often in exchange for a lesser charge or lighter recommended sentence. A large majority of criminal cases end in a plea agreement. In Cape May County you can inform your attorney to negotiate with the prosecution to attempt to come to a plea agreement, but this is dependent upon the charge severity and also the prosecutors willingness to accept a plea deal.
What is Jury Deliberation?
After both the prosecution and defense have presented their cases, the judge in the case will provide instructions to the jury about what they must decide. The jury will be dismissed to the jury room where they will deliberate about the guilt or innocence of the defendant. After reaching a unaminous decision, they return their decision to the court where it is read aloud in the courtroom. If the jury is unable to reach a unaminous decision, the jury is deadlocked, also known as a hung jury, in which a mistrial will be declared.
Cape May County Criminal Court
Burden of Proof Requirement
In a criminal case in the United States, the burden of proof always requires the prosecutor to prove beyond a reasonable doubt that the defendant is guilty. This is a high threshold that must be met by the prosecution when presenting evidence in a case. If the prosecution fails in it’s burden to prove guilt beyond a reasonable doubt the judge must find the defendant not guilty. In a jury trial, the judge will inform the jury what this burden is and their obligation to find the defendant not guilty if they feel the prosecution did prove the defendant’s guilt beyond a reasonable doubt.
Can I appeal a guilty verdict?
If found guilty, a defendant may decide to appeal his case to an appelate court. The appellate court will not retry the case, they will examine the proceedings in the lower court to make sure they were done in a legal manner. The appellate court can either uphold the original conviction, or determine that due to errors made in the original trial, that there must be a retrial, resentencing or a complete dismissal of the charges.
Jury by Trial Right
The US Constitution (Article 3 along with the 6th Amendment) ensures an accused defendant the right to a jury trial. This applies to crimes that have a $500 fine or a potential sentence of six months in jail (aka Serious Crimes). This right to trial by jury can also be waived by a defendant.
Cape May County Arraignments
An arraignment is a court hearing. In Cape May County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Cape May County Criminal Court and the judge will read the charges that were filed against the defendant. The judge will also read the rights the defendant has and ask the defendant if they understand both the charges filed against them and their rights as a defendant in the case. In Cape May County a plea of Guilty, Not Guilty or No Contest may be entered. In a guilty or no contest plea the sentencing of the defendant may take place at the same arraignment hearing or a later date may be scheduled for sentencing. For a not guilty plea, a date will be set for a trial.
Required Court Appearances in Cape May County
Any required court appearances in Cape May County Criminal Court must be attended by the defendant. Failure to appear in court at your required date and time may result in the judge issuing an arrest warrant.
Where will Cape May County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Cape May County. See here for the location of the criminal courts in Cape May County.
I need help for my Cape May County criminal case
The best place to get information about your criminal case is from an attorney. If you cannot afford an attorney, the court will appoint one to represent you which will assist in your case. For general information about your case the Cape May County court clerk is able to provide general information about your specific case (e.g. date/time hearings, mandatory appearance, what will take place and what you will be required to do). The court clerk for Cape May County will NOT be able to provide legal advice for your case, only an attorney can provide legal advice. The court clerk can provide legal information (like the information found on this website) about your case but cannot provide advice about what you should do in your legal manner.
Prosecutor in Cape May County
In Cape May County, the prosecutor is an attorney representing Cape May County. In some cases, the prosecutor may actually represent New Jersey. For the most part, the prosecutor in Cape May County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
What if I can’t afford an attorney?
The 6th Amendment guarantees you the right to an attorney whether or not you can afford one. If you cannot afford one, a public defender will be appointed by the court to represent you.
Sentencing in Cape May County
In Cape May County if the defendant is found guilty (by trial or plea), the defendant will be sentenced. This sometimes occurrs immediately after being found guilty, but can also take place at a later date. In most instances, a judge will impose the sentence that is requested by the prosecution, but they also have the descretion to impose a different sentence.
Cape May County Criminal Court Locations
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Cape May County Superior Court
Address: 9 North Main Street, Cape May Court House, NJ 08210
Phone: 609-463-6500 -
Cape May County Superior Court – Civil Division
Address: 9 North Main Street, Cape May Court House, NJ 08210
Phone: 609-465-1000 -
Cape May County Superior Court – Criminal Division
Address: 9 North Main Street, Cape May Court House, NJ 08210
Phone: 609-463-6500 -
Cape May County Superior Court – Family Division
Address: 9 North Main Street, Cape May Court House, NJ 08210
Phone: 609-465-1000 -
Cape May County Surrogate’s Court
Address: Mailing: 4 Moore Road, Dept. 207, Cape May Court House, NJ 08210
Phone: 609-463-6666 Fax: 609-463-6454 -
Avalon Municipal Court
Address: 3100 Dune Drive, Avalon, NJ 08202
Phone: 609-967-4457 Fax: 609-967-5659 -
Cape May City Municipal Court
Address: 643 Washington Street, Cape May, NJ 08204
Phone: 609-884-9552 Fax: 609-884-0869 -
Cape May Point Municipal Court
Address: 643 Washington Street, Cape May, NJ 08204
Phone: 609-884-9552 Fax: 609-884-0869 -
Dennis Township Municipal Court
Address: Mailing: PO Box 414, Tuckahoe, NJ 08250
Phone: 609-628-2015 Fax: 609-628-2091 -
Lower Township Municipal Court
Address: 401 Breakwater Road, Erma, NJ 08204
Phone: 609-886-6040 Fax: 609-886-6636 -
Middle Township Municipal Court
Address: 2 South Boyd Street, Cape May Court House, NJ 08210
Phone: 609-465-8729 Fax: 609-465-4015 -
North Wildwood Municipal Court
Address: 901 Atlantic Avenue, PO Box 499, North Wildwood, NJ 08260
Phone: 609-729-3818 Fax: 609-729-6392 -
Ocean City Municipal Court
Address: 821 Central Avenue, 3rd Floor, Ocean City, NJ 08226
Phone: 609-525-9386 Fax: 609-399-9391 -
Sea Isle City Municipal Court
Address: 233 John F. Kennedy Blvd, PO Box 132, Sea Isle City, NJ 08234
Phone: 609-263-6101 Fax: 609-263-1449 -
Stone Harbor Municipal Court
Address: 9508 2nd Avenue, Stone Harbor, NJ 08247
Phone: 609-368-2411 Fax: 609-368-7548 -
Upper Township Municipal Court
Address: Mailing: PO Box 414, Tuckahoe, NJ 08250
Phone: 609-628-2015 Fax: 609-628-2091 -
West Cape May Municipal Court
Address: 732 Broadway, West Cape May, NJ 08204
Phone: 609-884-1005 Ext. 4 Fax: 609-884-2688 -
West Wildwood Municipal Court
Address: 115 West Davis Avenue, Wildwood, NJ 08260
Phone: 609-522-4924 Fax: 609-522-5383 -
Wildwood Crest Municipal Court
Address: 6101 Pacific Avenue, Wildwood Crest, NJ 08260
Phone: 609-522-1352 Fax: 609-846-0732 -
Wildwood Municipal Court
Address: 115 West Davis Avenue, Wildwood, NJ 08260
Phone: 609-522-4924 Fax: 609-522-5383 -
Woodbine Municipal Court
Address: 2 South Boyd Street, Cape May Court House, NJ 08210
Phone: 609-465-8729 Fax: 609-465-4015