Newark Liberty International Airport (EWR) serves as a major travel hub for the New York metropolitan area and beyond. While it facilitates countless journeys, it can also become the unexpected site of legal trouble for travelers. Being arrested at an airport, especially when you’re far from home or unfamiliar with local laws, can be a daunting experience.

If you or a loved one has been arrested at Newark Airport, it’s crucial to understand that New Jersey law is distinct and can carry significant penalties. You need immediate guidance from an experienced New Jersey criminal defense attorney who understands the unique circumstances of airport arrests and the local court system.

Brett M. Rosen, Esq., located in Elizabeth, NJ, just minutes from Newark Airport, we provide rapid and effective legal representation for individuals arrested at EWR. We understand the urgency and complexity of these cases and are committed to protecting your rights and your future.

Contact our office immediately at 908-312-0368 for a free and strictly confidential consultation to discuss your arrest at Newark Airport.

Common Arrests and Charges at Newark Airport (EWR)

A wide range of incidents can lead to an arrest at Newark Airport by the Port Authority Police Department. Some of the most frequent charges we handle include:

• Weapon Offenses (N.J.S.A. 2C:39-5): New Jersey has strict gun control laws. Possessing a firearm without the proper permits, even if legally owned in another state, can lead to serious felony charges under the Graves Act, carrying mandatory minimum prison sentences. This also applies to other prohibited weapons like certain knives, brass knuckles, and stun guns. Even a single round of ammunition can lead to charges.

• Drug Offenses (N.J.S.A. 2C:35-1): Possession of any controlled dangerous substance (CDS) without a valid prescription, including marijuana in amounts exceeding legal limits, cocaine, heroin, ecstasy, etc., can result in significant penalties. Be aware that even though recreational marijuana is legal in New Jersey for adults over 21, there are restrictions on possession amounts and how it can be transported, especially through federal facilities like airports.

• Contraband and Customs Violations: Attempting to bring prohibited items into or out of the country can lead to federal charges. While we primarily handle state-level offenses, we can guide you on the complexities of these situations.

• Disorderly Conduct (N.J.S.A. 2C:33-2): Arguments, public intoxication, or disruptive behavior can lead to disorderly conduct charges, especially in a high-security environment like an airport.

• Theft and Shoplifting (N.J.S.A. 2C:20-11): Stealing items from airport shops or luggage can result in theft charges, with the severity depending on the value of the items.

• Outstanding Warrants: Routine security checks can reveal active arrest warrants from any jurisdiction, leading to immediate detention.

Potential Penalties for Crimes at Newark Airport

The penalties for offenses committed at Newark Airport vary greatly depending on the specific charges and their degree under New Jersey law.

• Weapon Offenses:

  • Second-Degree Unlawful Possession of a Handgun: 5 to 10 years in state prison, with a mandatory minimum of 42 months of parole ineligibility under the Graves Act.

  • Third-Degree Unlawful Possession of Other Firearms: 3 to 5 years in state prison, with a mandatory minimum of 18 months of parole ineligibility under the Graves Act.

• Drug Offenses: Penalties range from fines and probation for minor possession to lengthy prison sentences and substantial fines for distribution or possession with intent to distribute, depending on the type and quantity of the substance.

• Disorderly Conduct: Up to 30 days in jail and a fine of up to $500.

• Theft/Shoplifting: Penalties depend on the value of the merchandise, ranging from fines for minor offenses to felony charges with potential state prison time for higher values.

• Outstanding Warrants: Consequences depend on the original charge and jurisdiction of the warrant.

Beyond these legal penalties, an arrest at an airport can lead to significant travel disruptions, missed flights, and potential long-term impacts on your ability to travel in the future. Non-U.S. citizens also face potential immigration consequences, including deportation.

Potential Defenses to Charges Stemming from a Newark Airport Arrest

Just because you’ve been arrested doesn’t mean you’ll be convicted. A skilled criminal defense attorney will thoroughly investigate the circumstances of your arrest and explore all possible defenses, which may include:

• Lack of Intent: For certain charges, like weapon possession for a traveler unaware of New Jersey’s laws, we can argue a lack of criminal intent.

• Mistake of Fact: If you genuinely believed you were permitted to possess an item, this could form the basis of a defense.

• Illegal Search and Seizure: If the Port Authority Police violated your Fourth Amendment rights during the stop, questioning, or search that led to the arrest, we can file motions to suppress illegally obtained evidence.

• Lack of Probable Cause: We can challenge whether the police had a valid legal reason to stop and detain you in the first place.

• Diversionary Programs: For first-time offenders charged with non-violent crimes, we can explore options like Pre-Trial Intervention (PTI) or Conditional Dismissal, which can lead to the charges being dropped after successful completion of the program and leaving you with no criminal record.

• Challenging the Evidence: We will scrutinize the prosecution’s evidence for weaknesses, inconsistencies, and procedural errors.

Frequently Asked Questions (FAQs) About Newark Airport Arrests

Q: I was just passing through Newark Airport. Do New Jersey laws still apply to me?

A: Yes. If you are within the jurisdiction of New Jersey, even briefly during a layover, you are subject to New Jersey law.

Q: What should I do if I am stopped by the Port Authority Police at EWR?

A: Remain calm, be polite, and do not resist. However, you have the right to remain silent and the right to an attorney. Do not answer any questions beyond basic identification without first speaking to a lawyer.

Q: I missed my flight because of the arrest. Can my attorney help with that?

A: While our primary focus is on the criminal charges, we understand the travel disruptions an arrest causes. We can often work efficiently to resolve your case as quickly as possible to minimize further inconvenience.

Q: I live in another state. Will I have to come back to New Jersey for court?

A: We understand the challenges faced by out-of-state clients. We will strive to handle as many court appearances as possible on your behalf, minimizing the need for you to return to New Jersey.

Q: I am not a U.S. citizen. Will an arrest at EWR affect my immigration status?

A: Yes. Any arrest can have serious immigration consequences for non-citizens. It is crucial to inform us of your immigration status so we can consider these factors in your defense strategy.

Q: What is the first thing I should do after being arrested at Newark Airport?

A: Your first call should be to an experienced New Jersey criminal defense attorney who handles cases at Newark Airport. Contact Brett M. Rosen, Esq., immediately at 908-312-0368.

Don’t Navigate Your Newark Airport Arrest Alone. Contact Us Today.

Being arrested at Newark Liberty International Airport can be a stressful and confusing experience. You need a legal advocate who is readily available, understands the local court system, and will fight aggressively to protect your rights and your future. Located in Elizabeth, just minutes from EWR, Brett M. Rosen, Esq., is here to provide the experienced and dedicated defense you need.

Call us today at 908-312-0368 for a free and confidential consultation. We are available 24/7 to assist you.

Disclaimer: This website provides general information about New Jersey law and is for informational purposes only. The information presented here is not, and should not be construed as, legal advice. Using this website or contacting the firm does not create an attorney-client relationship. Every case is unique, and past results do not guarantee a similar outcome. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.