Arrested at Newark Airport?
Know Your Rights Under NJ Law
Newark Liberty International Airport operates under New Jersey jurisdiction. If you've been detained or arrested at EWR, understanding your legal options is critical—especially if you're from out of state.
Understanding Newark Airport Jurisdiction
Newark Liberty International Airport sits within New Jersey's legal jurisdiction, which means anyone inside the airport—whether a permanent resident, business traveler, or passenger on a brief layover—is subject to New Jersey state law. This distinction matters tremendously because New Jersey maintains some of the strictest criminal statutes in the nation, particularly regarding firearms and controlled substances.
The Port Authority Police Department (PAPD) handles law enforcement at EWR. Officers have full authority to conduct stops, searches, and arrests for violations of both state and federal law. Security checkpoints operated by the Transportation Security Administration (TSA) frequently identify prohibited items, which are then referred to PAPD for investigation and potential criminal charges.
Permits and licenses valid in your home state may carry no weight in New Jersey. A firearm legally owned and carried in Pennsylvania or Texas can result in felony charges with mandatory prison time the moment you enter Newark Airport.
Common Criminal Charges at Newark Airport
Security screening and routine police activity at EWR leads to a wide variety of criminal charges. Below are the offenses we most frequently handle for travelers detained at Newark Airport.
Unlawful Weapons Possession
N.J.S.A. 2C:39-5New Jersey requires specific permits to possess handguns and has no reciprocity with other states' carry permits. The Graves Act imposes mandatory minimum sentences for unlawful firearm possession—meaning judges have limited discretion to reduce prison time. This applies even to travelers who legally purchased and registered their firearm elsewhere. Prohibited weapons also include certain knives, stun guns, and brass knuckles.
Controlled Dangerous Substance (CDS) Offenses
N.J.S.A. 2C:35-1 et seq.Possession of illegal drugs—including cocaine, heroin, MDMA, and prescription medications without valid prescriptions—leads to charges ranging from disorderly persons offenses to first-degree felonies depending on substance type and quantity. While New Jersey legalized recreational cannabis for adults 21+, strict limits apply to possession amounts and transporting marijuana through federally controlled spaces like airports remains prohibited.
Disorderly Conduct
N.J.S.A. 2C:33-2Airports are high-stress environments where tempers flare. Verbal altercations with airline staff, public intoxication, or disruptive behavior can quickly escalate to disorderly conduct charges. What might result in a warning elsewhere often leads to arrest in the security-conscious airport setting.
Theft & Shoplifting
N.J.S.A. 2C:20-11Airport terminals contain numerous retail establishments where shoplifting occurs. Taking merchandise from stores, items from other passengers' luggage, or property left unattended results in theft charges. Severity depends on the value of items taken—ranging from disorderly persons offenses to felony indictable crimes.
Outstanding Warrant Arrests
Various JurisdictionsRoutine identification checks at security and during police encounters can reveal active arrest warrants from any state. Even old traffic warrants or failure-to-appear notices can result in detention at the airport until the matter is resolved or you're extradited to the issuing jurisdiction.
Potential Penalties for Airport Offenses
New Jersey classifies criminal offenses as either "indictable crimes" (felonies) or "disorderly persons offenses" (misdemeanors). Penalties vary significantly based on the degree of the offense, your criminal history, and the specific circumstances of the incident.
| Offense | Classification | Potential Prison Time | Fines Up To |
|---|---|---|---|
| Unlawful Handgun Possession | 2nd Degree | 5-10 years (42-month minimum) | $150,000 |
| Unlawful Rifle/Shotgun Possession | 3rd Degree | 3-5 years (18-month minimum) | $15,000 |
| CDS Possession (Schedule I-IV) | 3rd Degree | 3-5 years | $35,000 |
| CDS Distribution | 1st-3rd Degree | 3-20 years | $500,000 |
| Disorderly Conduct | Petty DP | Up to 30 days | $500 |
| Shoplifting (under $200) | Disorderly Person | Up to 6 months | $1,000 |
| Shoplifting ($200-$500) | 4th Degree | Up to 18 months | $10,000 |
An arrest at Newark Airport can disrupt your travel plans, result in missed flights and connections, and create a criminal record that affects future employment, housing, and professional licensing. Non-U.S. citizens face additional immigration consequences including potential deportation.
Your Constitutional Rights After Arrest
Being arrested is stressful, but understanding your constitutional protections helps you avoid making your situation worse. These rights apply to everyone within U.S. jurisdiction—regardless of citizenship status or where you're from.
The Right to Remain Silent
You are not required to answer questions from police beyond providing basic identification. Anything you say can and will be used against you. Politely but firmly decline to discuss the circumstances of your arrest until you've spoken with an attorney.
The Right to an Attorney
You have the right to consult with a lawyer before and during any questioning. If you cannot afford an attorney, one will be provided. However, securing experienced private counsel familiar with Newark Airport cases often produces better outcomes than relying on overworked public defenders.
Protection Against Unreasonable Searches
The Fourth Amendment protects against unreasonable searches and seizures. While airport security screening is legally permitted, additional searches must generally meet constitutional standards. How evidence was obtained matters—improperly seized evidence may be suppressed.
Defense Strategies for Airport Arrests
An arrest doesn't guarantee conviction. Experienced criminal defense attorneys examine every aspect of your case to identify viable defenses and weaknesses in the prosecution's evidence.
Challenging the Search and Seizure
If police violated your Fourth Amendment rights during the stop, detention, or search that led to your arrest, we can file motions to suppress illegally obtained evidence. Without that evidence, the prosecution's case may collapse entirely.
Lack of Knowledge or Intent
For certain charges—particularly weapons offenses involving out-of-state travelers—demonstrating you lacked awareness of New Jersey's strict laws may support a defense. While ignorance of the law isn't typically a defense, it can influence charging decisions and plea negotiations.
Diversionary Programs
First-time offenders facing non-violent charges may qualify for Pre-Trial Intervention (PTI) or Conditional Dismissal programs. Successful completion results in dismissed charges and no criminal record—a particularly valuable outcome for professionals concerned about their careers.
Challenging Probable Cause
Police must have a valid legal basis to stop, detain, and arrest you. If officers lacked probable cause or reasonable suspicion, the entire arrest may be invalid regardless of what they subsequently discovered.
Scrutinizing the Evidence
We carefully examine the prosecution's evidence for weaknesses, inconsistencies, chain-of-custody issues, and procedural errors. Challenging how evidence was collected, stored, and documented can create reasonable doubt.
What to Do If You're Arrested at EWR
The actions you take immediately following an arrest significantly impact your case's outcome. Follow these steps to protect your rights and build the strongest possible defense.
Stay Calm and Cooperate Physically
Don't resist arrest or argue with officers. Physical resistance adds charges and gives prosecutors more ammunition. Remain polite and composed even if you believe the arrest is unjust.
Exercise Your Right to Silence
Beyond providing your name and identification, decline to answer questions. Don't explain, justify, or discuss anything about the alleged offense. Statements made during arrest are admissible and often hurt defendants.
Contact a Criminal Defense Attorney Immediately
Your first phone call should be to an experienced New Jersey criminal defense lawyer who handles airport cases. Early attorney involvement protects your rights from the start and often leads to better outcomes.
Document Everything You Remember
As soon as possible, write down everything you recall about the encounter—what officers said, how the search occurred, who witnessed events, and timeline details. These notes help your attorney identify potential defenses.
Information for Out-of-State Travelers
If you live outside New Jersey, an arrest at Newark Airport creates unique challenges. You may face unfamiliar laws, need to return for court appearances, and deal with conflicting requirements between your home state and New Jersey.
Court Appearance Requirements
New Jersey courts generally require defendants to appear in person for arraignments and other proceedings. However, experienced defense attorneys can often appear on your behalf for routine matters, minimizing the number of times you must travel back to New Jersey.
Understanding New Jersey's Unique Laws
Many out-of-state travelers are shocked to learn their legally-owned firearm or valid concealed carry permit means nothing in New Jersey. Our strict gun laws recognize no reciprocity with other states. Similarly, amounts of cannabis legal in your state may exceed New Jersey limits.
Non-U.S. Citizens
If you're not an American citizen, any criminal charge—even a dismissed case or minor offense—can trigger immigration consequences including visa revocation and deportation. It's essential to work with defense counsel who understands how criminal cases interact with immigration law.
Frequently Asked Questions
Arrested at Newark Airport? Get Help Now.
Time matters in criminal cases. Contact our experienced New Jersey criminal defense team for a free, confidential consultation about your arrest at EWR.
