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Kenneth Vercammen & Associates, P.C. 2053 Woodbridge Avenue - Edison, NJ 08817

Friday, October 17, 2014

Civil Reservation

If someone is in a car accident and pleads guilty to a traffic ticket, the guilty plea typically is conclusive proof of negligence in a civil suit against them. Don't automatically plead guilty. An Attorney can make a Motion for a "Civil Reservation" so the guilty plea cannot be used against them at trial in a civil suit. The Motion for Civil Reservation is permitted under the revised Municipal Court Rules.
7:6-2. Pleas, Plea Agreements
(a) Pleas Allowed, Guilty Plea.
(1) Generally. A defendant may plead not guilty or guilty, but the court may, in its discretion, refuse to accept a guilty plea. The court shall not, however, accept a guilty plea without first addressing the defendant personally and determining by inquiry of the defendant and, in the court's discretion, of others, that the plea is made voluntarily with understanding of the nature of the charge and the consequences of the plea and that there is a factual basis for the plea. Upon the request of the defendant, the court may, at the time of the acceptance of a guilty plea, order that the plea shall not be evidential in any civil proceeding. If a defendant refuses to plead or stands mute or if the court refuses to accept a guilty plea, the court shall enter a plea of not guilty. If a guilty plea is entered, the court may hear the witnesses in support of the complaint prior to judgment and sentence and after such hearing may, in its discretion, refuse to accept the plea.
Hire a trial attorney to protect your rights.

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