Somerset County Criminal Court handles all criminal cases that are filed in Somerset County. See below for more information about criminal cases in Somerset County.
The Right to Trial by Jury
The Sixth Amendment of the United States Constitution guarantees the right to a trial by a jury. This is applicable for when the crime can carry a sentence of 6 months in jail OR a $500 fine, these are known as “Serious Crimes”. The defendant can also waive their right to a speedy and public trial.
Somerset County Criminal Court locations
Criminal proceedings take place in the Somerset County Criminal Courts. A list of the criminal courts are located here.
What is the Burden of Proof?
The term “Burden of Proof” means that the prosecutor is required to prove the guilt of the defendant beyond a reasonable doubt. If the prosecutor cannot provide proof of the defendants guilt, then the judge or jury in a trial must find the defendant not guilty. In the United States the principle innocent until proven guilty derives from this that the defendant is assumed innocent and the prosecution has the burden of proving beyond a reasonable doubt that the defendant is guilty.
Mandatory Appearances in Somerset County Criminal Court
At a mandatory or required court appearance in Somerset County, the defendant must appear before the court. In the event of a “Failure to Appear” the judge may issue a warrant for the arrest of the defendant. Note: not all criminal hearings are mandatory, in a non-mandatory hearing an attorney may appear on your behalf without you being in court.
Where can I get help for my Somerset County criminal case?
The 6th amendment of the United States Constitution provides a criminal defendant with the right to an attorney. As read in the miranda rights, this means that if a defendant cannot afford to hire a private attorney a legal attorney will be appointed to the defendant to represent him at no cost to the defendant. This is often a public defender. In addition, the court clerk for Somerset County will also be able to provide general information about a specific criminal case. The clerk can only provide information and is not an attorney so they cannot provide legal advice, only a licensed attorney can provide legal advice about what the best options for are for your particular case.
Somerset County Prosecutor
For criminal cases in Somerset County, the prosecutor will be a representative of Somerset County. The Somerset County prosecutor reviews all evidence and ultimately decides whether to file or dismiss charges in the case. Most of the time, the prosecutor has leeway in plea negotiations and determines how the case will be prosecuted.
What happens in Somerset County at an arraignment?
In Somerset County the defendant is brought into court and informed by the judge of the charges that have been filed against them along with informing them of their rights. At this time, the defendant can plead guilty, not guilty or no contest. If the defendant pleads guilty or no contest, there will be no trial and the defendant may be sentenced immediately or at a later date. If the defendant pleads not guilty a trial date is set.
Sentencing in Somerset County
In Somerset 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.
Can I request a Plea Agreement?
In Somerset County you may be able to enter into a plea agreement depending upon the severity of the charges. It is also dependant upon the prosecution willing to accept a plea agreement. You can ask your attorney to attempt to negotiate a plea agreement with the prosecution to avoid having a jury trial along with the potential for a more serious sentence. Approximately 9 out of 10 criminal cases usually end in a plea agreement.
The Right to Counsel
The Fifth and Sixth Amendments to the U.s. Constitution give defendants in criminal cases the right to counsel/attorney. If you cannot afford an attorney one will be appointed to represent you. Like other rights a defendant has, this one can be waived as well and alternatively you can choose to represent yourself.
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.
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.
Somerset County Criminal Court Locations
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Somerset County Superior Court
Address: 20 North Bridge Street, PO Box 3000, Somerville, NJ 08876
Phone: 908-231-7191 -
Somerset County Superior Court – Civil Division
Address: 40 North Bridge Street, Somerville, NJ 08876
Phone: 908-203-6130 Fax: 908-231-7167 -
Somerset County Superior Court – Criminal Division
Address: PO Box 3000, Somervile, NJ 08876
Phone: 908-231-7638 Fax: 908-231-9276 -
Somerset County Superior Court – Family Division
Address: PO Box 3000, Somerville, NJ 08876
Phone: 908-231-7617 Fax: 908-722-8535 -
Somerset County Surrogate’s Court
Address: 20 Grove Street, PO Box 3000, Somerville, NJ 08876
Phone: 908-231-7003 Fax: 908-429-8765 -
Bedminster Township Municipal Court
Address: 1 Miller Lane, PO Box 137, Bedminster, NJ 07921
Phone: 908-212-7020 Fax: 908-212-7006 -
Bernards Township Municipal Court
Address: 1 Collyer Lane, Basking Ridge, NJ 07920
Phone: 908-204-3035 Fax: 908-696-0385 -
Bernardsville Municipal Court
Address: 166 Mine Brook Road, Bernardsville, NJ 07924
Phone: 908-766-7348 Fax: 908-630-0895 -
Bound Brook Municipal Court
Address: 230 Hamilton Street, Bound Brook, NJ 08805
Phone: 732-356-0833 Ext. 640 Fax: 732-356-0781 -
Branchburg Township Municipal Court
Address: 1077 Route 202 North, Branchburg, NJ 08876
Phone: 908-526-1300 Ext. 127 -
Bridgewater Township Municipal Court
Address: 100 Commons Way, Bridgewater, NJ 08807
Phone: 908-725-6375 Fax: 908-704-9208 -
Far Hills Municipal Court
Address: 6 Prospect Street, Far Hills, NJ 07931
Phone: 908-781-1911 -
Franklin Township Municipal Court
Address: 495 DeMott Lane, Somerset, NJ 08873
Phone: 732-873-7285 -
Green Brook Township Municipal Court
Address: 111 Greenbrook Road, Green Brook, NJ 08812
Phone: 732-968-1110 Fax: 732-968-4088 -
Hillsborough Township Municipal Court
Address: 379 South Branch Road, Hillsborough, NJ 08844
Phone: 908-369-3532 Fax: 908-369-4401 -
Manville Municipal Court
Address: 325 North Main Street, Manville, NJ 08835
Phone: 908-725-9478 Ext. 3 Fax: 908-526-5822 -
Millstone Municipal Court
Address: 215 Millstone Road, Millstone Township, NJ 08535
Phone: 732-446-6219 Fax: 732-446-4853 -
Montgomery Township Municipal Court
Address: 379 South Branch Road, Hillsborough, NJ 08844
Phone: 908-369-3532 Fax: 908-369-4401 -
North Plainfield Municipal Court
Address: 263 Somerset Street, North Plainfield, NJ 07060
Phone: 908-769-2265 -
Peapack and Gladstone Municipal Court
Address: 1 School Street, Peapack, NJ 07977
Phone: 908-234-2255 Ext. 116 Fax: 908-719-8627 -
Raritan Municipal Court
Address: 22 1st Street, Raritan, NJ 08869
Phone: 908-231-1303 -
Rocky Hill Municipal Court
Address: 15 Montgomery Avenue, PO Box 212, Rocky Hill, NJ 08553
Phone: 609-924-7943 -
Somerville Municipal Court
Address: 100 Commons Way, Bridgewater, NJ 08807
Phone: 908-725-6375 Fax: 908-722-0502 -
South Bound Brook Municipal Court
Address: 12 Main Street, South Bound Brook, NJ 08880
Phone: 732-356-0258 Ext. 15 -
Warren Township Municipal Court
Address: 46 Mountain Boulevard, Warren, NJ 07059?
Phone: 908-753-1225 -
Watchung Municipal Court
Address: 840 Somerset Street, Watchung, NJ 07069
Phone: 908-757-1407