Legal Question in Criminal Law in New Jersey

Which is worse charge: 2C:33-2a(1) or 2C:33-2(2)?

I know someone who was charged with 2C:33-2a(1) but did not have to spend the night in jail. I know someone else who was charged with 2C:33-2a(2), had the stay overnight and had to be bailed out.

The second case seems to be in more trouble but the 2C:33-2a(1) charge seems worse. What are the penalties of both?


Asked on 11/25/12, 9:36 am

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

Its the exact same punishment. Just because one person is jailed and the other person is not has nothing to do with the final outcome of the case. Both people are facing criminal charges and both should hire an attorney. A conviction for either comes with up to 30 days in jail and a criminal record.

Call me anytime at 732/773/2768

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Answered on 11/25/12, 9:38 am
Gary Moore Gary Moore Attorney At Law

Both offenses are petty disorderly persons offenses, punishable by up to 90 days in jail and a $500 fine. One case had a warrant and the other a summons, requiring no bail, as a consequence of the officers exercise of discretion. Call me, if you like.

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Answered on 11/25/12, 10:43 am


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