You are charged with 2 disorderly persons offenses, Obstructing,2C:29-1(a), and Resisting Arrest, 2C:29-2 (a). Much more information is needed to evaluate your case. However the answer to your question is No you are extremely unlikely to go to jail if this is a first offense or even is you have a small number of minor priors. A disorderly persons offense has a maximum penalty of 180 days in the county jail, $1000 fine plus mandatory surcharges and fees of $200 or so plus a possible 1 year probation period. Obstructing Administration of Law is inappropriately overused by the police. The arrest for these charges are already on your record and a conviction will leave these entries there for 5 years. You should speak to an experience criminal defense attorney to discuss your options and to provide more information. My office offers telephone consultations.
I agree with the above response. In order to determine if any jail time might be sought by the State, more information is required, e.g., your prior record (if any) and the specific facts of the situation. In the majority of cases, however, jail time is not part of a sentence for a disorderly persons charge. You should consult with an attorney to make sure that any and all defenses are explored.
These are both Disorderly Persons Offenses which are violations of the New Jersey Criminal Code. Under the law there is a potential penalty of up to 6 months in jail on each charge. In reality whether you will do any jail time depends on all the facts of the case along with your prior criminal record, if any. Please contact my office for a free consultation if you would like to discuss this in more detail. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-