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Union County Criminal Lawyers
Last Updated on: 1st June 2025, 11:05 pm
The Elizabeth courthouse runs a 24-hour arraignment court – if you’re arrested at 3 AM on a Saturday in Plainfield, there’s no weekend holding like Somerset County.
Union County’s criminal court system operates differently than anywhere else in New Jersey. This setup came about after a 2017 lawsuit where defendants challenged weekend detention practices, and Union County created round-the-clock judicial availability. Prosecutors work nights and weekends too, building cases while defendants are still processing what happened. The courthouse location itself creates jurisdictional issues. Newark Liberty International Airport technically sits in both Union and Essex counties, Terminal C arrests get processed through Union County’s system, while Terminal A goes through Newark. Federal agencies patrol the airport, but unless it’s serious weight — kilos, not personal amounts — it’s state court.
The federal threshold for airport drug cases is 500 grams.
Anything less stays local. This split jurisdiction affects plea negotiations because Union County prosecutors compete with federal standards, they often offer deals to avoid looking weak compared to the feds.
Union County implemented bail reform differently than neighboring counties. In municipal court, disorderly persons offenses – simple assault, shoplifting under $200, possession of drug paraphernalia. These max out at 6 months county jail. Superior Court indictable offenses change everything. Fourth-degree crimes like criminal mischief over $500 carry 18 months state prison. Third-degree offenses — burglary, possession with intent to distribute, aggravated assault — mean 3-5 years. Second-degree crimes like robbery or sexual assault bring 5-10 year exposures. First-degree charges – murder, large-scale drug distribution, armed robbery – start at 10 years and go up to life. The 2017 bail reform was supposed to level the playing field. Union County’s pretrial services unit recommends detention in nearly half of cases, while the state average is roughly a third according to NJ Courts data. They use a risk assessment tool factoring criminal history, failure to appear rates, and current charges.
Union County weighs “community safety” heavier than other factors.
Violent charges mean pretrial detention. The pretrial intervention program accepts fewer applicants in Union County compared to neighboring counties.
In 2019, the Department of Justice investigated area departments for unconstitutional practices.
Newark got headlines, but Union County departments were put on notice. Judges scrutinize police conduct carefully to avoid approving evidence that triggers federal intervention. Community ties matter in Union County because of demographic stability. Hudson County has transient populations, Union County families go back generations. Employment history, family in the area, kids in local schools – judges consider these during sentencing.
Alternative sentencing programs: Drug court: 18-24 months, no prison. Veterans court: requires service-connected issues, offers treatment. Mental health court: documented psychiatric conditions, treatment diversion.
Case timelines stretch long. Arrest to indictment: 3-6 months. Jailed defendants get indicted within 90 days or get released. Out on bail means 8 month waits. After indictment, pretrial motions take 4-6 months. Trial adds another year. COVID created backlogs – 2020 cases still pending because jury trials stopped. Union County Superior Court has thousands of pending criminal cases according to court administration, significantly more than pre-pandemic.
Fast-track pleas exist for some drug and non-violent crimes.
Plead within 60 days of indictment for reduced sentences. Fast-track means no discovery review, no suppression motions, no leverage. New Jersey criminal penalties include mandatory fines and fees. Third-degree conviction: $15,000 fine. Second-degree: $150,000. First-degree: $200,000. Add lab fees ($150), court costs ($325), Violent Crimes Compensation Board assessments ($100), Safe Neighborhood Services Fund assessments ($75). Non-payment means wage garnishment, tax refund seizure, license suspension. Union County’s collections unit files judgments years later. New Jersey convictions appear on New York background checks because of proximity.