Legal Question in Traffic Law in New Jersey

NJ Amended Summons

I went through the answers here and know that there might be a statute of limitations for the prosecutor to amend a summons.

Lets say I receive a summons on May 14th, I appear in court two weeks later to answer the charge and say ''not guilty''. They then schedule a trial. I go to court on June 14th and then request a postponement. A postponement is granted and until July 11th.

Can the prosecutor still amend the ticket? If there is a statute of limitations, can you show me where I can find the exact law that deals with this situation?


Asked on 6/28/07, 10:02 am

2 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: NJ Amended Summons

This gets answered here all of the time. The simple answer is there is no clear law on the issue. In addition, municipal court isn't exactly a place where the law is followed strictly. Thus, they can and will amend the ticket at any time.

I suggest you try to work something out with the prosecutor. If you don't like what he offers you, see an attorney and see what they say.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case.

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Answered on 6/28/07, 10:44 am
Gary Moore Gary Moore Attorney At Law

Re: NJ Amended Summons

There are specific time limitations for limiting the issuance of a summons for certain traffic violations. This question comes up so infrequently that I always forget where the limitations are stated, in a court rule or a statute.

Call me tomorrow; it will come to me by then. I just don't have time to find the application rule or law right now.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 6/28/07, 12:09 pm


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