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Lustberg Law Offices, LLC Protecting Your Freedom and Your Future.
A criminal arrest can change everything in a matter of hours. If you or a loved one has been arrested in Hackensack, the decisions made in the first 24 to 48 hours are critical to the outcome of your case. Because Hackensack is the Bergen County seat, serious criminal matters can move quickly through the local court system. Depending on the charge, the case may involve the Hackensack Police Department, the Bergen County Jail, the Bergen County Prosecutor’s Office, Hackensack Municipal Court, or Bergen County Superior Court. That makes it important to act quickly and protect your rights from the very beginning.
Adam M. Lustberg of Lustberg Law Offices, LLC has more than 20 years of criminal defense experience representing clients throughout New Jersey. As a dedicated criminal defense attorney in Bergen County, he handles cases ranging from disorderly persons offenses to serious indictable crimes. He uses his deep understanding of the local court system to build practical, effective defense strategies for clients facing criminal charges.
This guide explains what happens during a Hackensack arrest, your constitutional rights, how New Jersey’s bail and detention system works, charges commonly filed in Bergen County, gun-related arrest charges, mistakes that can damage your defense, and how an attorney can intervene at the earliest stage. Call Lustberg Law Offices, LLC at (201) 880-5311 to speak with Hackensack criminal arrest attorney Adam M. Lustberg about your case today.
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We have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.
After an arrest in Hackensack, police may take you to the Hackensack Police Department or the Bergen County Jail for booking and processing. An arrest must be supported by probable cause. Charges may be filed by complaint-summons or complaint-warrant. If a complaint-warrant is issued, you can be held while Pretrial Services prepares a risk assessment and the court makes a release decision. If the case is charged by complaint-summons, you are generally released after processing.
An arrest without a warrant can happen when police have probable cause to believe an offense was committed. An arrest warrant means a judge or authorized judicial officer approved the warrant based on legal grounds. Either way, the type of complaint issued after arrest controls whether you are released with a court date or held for a first appearance.
Booking involves fingerprinting, photographing, an inventory of your personal property, and the formal entry of criminal charges into the system. This is the point at which a criminal record begins. Everything recorded during booking, including any statements you make, becomes part of the case file. It is highly recommended that you exercise your right to remain silent and request an attorney.
Under New Jersey’s pretrial release rules, the court generally must make a pretrial release decision within 48 hours after an eligible defendant is committed to jail. In Bergen County, first appearances for indictable charges are handled through the Bergen County Superior Court in Hackensack. At the first appearance, the judge reviews the charges, explains your rights, and addresses release conditions or detention.
For firearm cases, a 2026 rule change allows the prosecutor to ask for extra time for a ballistic analysis before the release decision. That extension cannot be longer than reasonably needed and cannot exceed seven days.
You have the right to remain silent during a New Jersey arrest. If police question you while you are in custody, you also have the right to ask for a lawyer before answering questions. Simply staying quiet isn’t always enough, so it’s important to state your wishes clearly. You can just calmly say: “I am invoking my right to remain silent, and I would like a lawyer.”
Police can search you during a lawful arrest without a separate warrant. This is called a search incident to arrest. Officers may also conduct a brief pat-down, known as a Terry frisk, if they have reasonable suspicion that you are armed and dangerous. However, New Jersey courts have historically provided stronger protections against unreasonable searches than the federal minimum. You are never required to consent to a search, and you should clearly state that you do not consent.
You should provide your basic identification and name if requested, but you do not need to say anything else without an attorney present. It’s important to remember that any conversations, casual comments, or attempts to explain yourself during transport and booking can be used against you later. Keep your response brief and respectful, and do not discuss the facts of the case without legal guidance.
Adam M. Lustberg is available to advise you from the moment of arrest. Call (201) 880-5311 now.
Contact our law office today at (201) 880-5311 to speak with our skilled expungement attorneys regarding having your criminal records expunged.
Adam M. Lustberg represents individuals charged with criminal offenses throughout New Jersey, including Bergen County. He handles a wide range of state legal matters, from disorderly persons offenses to serious indictable crimes. His practice frequently includes cases in the Bergen County Superior Court, Hackensack Municipal Court, and matters involving the Bergen County Prosecutor’s Office.
Mr. Lustberg takes every criminal case seriously, understanding that a conviction can alter the rest of a client’s life. He works directly with clients, helping them understand their legal options as their case moves forward. Mr. Lustberg uses his deep understanding of the local court system to examine evidence early, challenge weaknesses in the State’s case, and build practical, effective defense strategies.
A tenacious litigator who won’t back down. Prepared to challenge the evidence against you and will fight to protect your rights.
New Jersey largely replaced cash bail with a risk-based pretrial system in 2017. Courts may still use monetary bail in limited cases, but release is usually based on risk, not ability to pay. Pretrial Services uses the Public Safety Assessment, or PSA, to estimate the risk of failing to appear, new criminal activity, and new violent criminal activity. The judge then considers the PSA, recommendations from Pretrial Services, and information from both sides before deciding whether to release you, set conditions, impose monetary bail, or detain you pending a detention hearing.
Certain serious charges can lead the prosecutor to file a motion for pretrial detention under N.J.S.A. 2A:162-19. These include several first- and second-degree crimes and other listed situations. If the prosecutor files that motion, the court holds a detention hearing to decide whether any release conditions can reasonably assure your appearance in court, protect the public, and prevent obstruction of the case. N.J.S.A. 2A:162-12 is still relevant to bail restrictions, but it is not the main detention hearing statute.
Having an experienced attorney by your side at a detention hearing can deeply impact the outcome of your case. A defense attorney can challenge the PSA score, present evidence of community ties, and argue that release conditions are enough to address the court’s concerns. Our team stands ready to appear at Bergen County detention hearings and present the strongest available release argument.
Key Takeaway: New Jersey largely replaced cash bail with a risk-based system in 2017. For serious charges, including many weapons offenses, prosecutors can seek pretrial detention. Having a defense attorney at your first appearance or detention hearing is critical.
For a reported example of release conditions while charges were pending, read the 2019 account of home confinement with ankle monitoring before trial.
For a historical bail-reduction example from before the 2017 reforms discussed above, read this 2015 report of a judge lowering bail.
Bergen County courts handle many criminal and municipal matters each year. Common Hackensack cases can include drug possession, assault, theft, disorderly persons offenses, weapons charges, and DWI. DWI is a Title 39 traffic offense, not a Title 2C crime, but it is still serious and is handled in municipal court. Where your case is heard depends on the type and severity of the charge. Disorderly persons offenses are generally handled in Hackensack Municipal Court. Indictable crimes are handled in Bergen County Superior Court.
New Jersey does not use the terms “felony” or “misdemeanor.” Instead, the state classifies criminal offenses into two categories:
This distinction determines which court hears your case, what penalties you face, and what legal procedures apply.
Not sure what you are being charged with? Adam M. Lustberg can explain exactly what you are facing. Call (201) 880-5311.
New Jersey has strict gun laws. If you are arrested with a firearm in Hackensack, you may face more than one weapons charge under New Jersey law, including:
Under N.J.S.A. 2C:39-5, possessing a handgun in New Jersey without a valid permit to carry is a second-degree crime unless a statutory exemption applies. Owning the gun legally in another state does not automatically make possession lawful in New Jersey. A second-degree conviction carries 5 to 10 years in state prison.
Many firearm charges can trigger mandatory minimum sentences under the Graves Act, N.J.S.A. 2C:43-6. For most covered firearm offenses, the parole ineligibility period is one-half of the sentence imposed or 42 months, whichever is greater. For a fourth-degree Graves Act offense, the minimum is 18 months without parole. In limited cases, a defendant may seek relief from the mandatory minimum through the statutory waiver process, but that issue is case-specific and should be handled by a defense attorney.
Key Takeaway: A gun arrest in Hackensack can lead to serious charges, including second-degree charges that carry 5 to 10 years in state prison. Many covered firearm offenses also carry Graves Act parole ineligibility of one-half of the sentence or 42 months, whichever is greater, with a different 18-month minimum for some fourth-degree offenses.
Arrested on a gun charge in Bergen County? Adam M. Lustberg handles New Jersey weapons cases and can begin building your defense immediately. Call (201) 880-5311.
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Yes. Under N.J.S.A. 2C:29-2, resisting arrest is a separate offense in New Jersey. It may be charged even if the person also faces other charges. The statute includes:
If resisting arrest is added to a weapons case, the defendant may face greater exposure because multiple offenses are pending at the same time.
The most costly mistakes after a Hackensack arrest often happen before the first court appearance. Knowing what to avoid can protect your defense from the start.
Common mistakes that hurt your case include:
Even if you believe you are innocent, speaking with law enforcement without guidance can unintentionally complicate your situation. The Fifth Amendment, your right to counsel, and New Jersey law are designed to protect you in these exact moments. If police intend to question you while you are in custody, you can safeguard your rights simply by letting them know that you would prefer to have a lawyer present before answering any questions.
If you fail to appear for a scheduled court date in Bergen County, the judge can issue a bench warrant for your arrest. You may also face additional charges or lose favorable release conditions. Always confirm your next court date before leaving the courthouse. Working with an attorney can help you keep up with court dates and appearances.
Key Takeaway: Early mistakes after a Hackensack arrest can seriously harm your defense. Talking to police, consenting to searches, or going to court without a lawyer can create problems that are difficult to undo.
Make the right call first. Contact Adam M. Lustberg at Lustberg Law Offices, LLC at (201) 880-5311 before you do anything else.
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A criminal case in New Jersey follows a structured path from arrest to resolution. For indictable crimes processed through Bergen County Superior Court, the typical stages include:
Many criminal cases resolve before trial through plea negotiations, dismissal, diversion, downgrade, or pretrial motions. Disorderly persons offenses follow a shorter process in Hackensack Municipal Court and do not involve a grand jury.
For most indictable crimes, the State presents evidence to a grand jury unless the defendant waives indictment in writing and proceeds by accusation. The indictment is the formal charging document after the grand jury votes to charge the case.
Grand jury proceedings are usually one-sided, and the defense does not present its case in the same way it would at trial. This makes early defense strategy important. An attorney who intervenes early may be able to give information to the prosecutor before the case is presented.
Key Takeaway: Most indictable criminal cases in Bergen County go through grand jury review unless an indictment is waived. Retaining an attorney before this stage allows early intervention that may help shape the case.
We can appear at every stage of your Bergen County case. Call Lustberg Law Offices, LLC at (201) 880-5311.
New Jersey sentencing follows a structured framework based on the degree of offense, the defendant’s criminal history, and statutory aggravating and mitigating factors. In cases where a pre-sentence investigation is required, Probation prepares a report that the judge reviews before imposing a sentence. The court may also order a pre-sentence investigation in other cases.
| Offense Degree | Prison or Jail Term | Maximum Fine |
|---|---|---|
| First Degree | 10 to 20 years | $200,000 |
| Second Degree | 5 to 10 years | $150,000 |
| Third Degree | 3 to 5 years | $15,000 |
| Fourth Degree | Up to 18 months | $10,000 |
| Disorderly Persons | Up to 6 months | $1,000 |
For many firearm charges, Graves Act mandatory minimums restrict judicial discretion. For most covered firearm offenses, the parole ineligibility period is one-half of the sentence imposed or 42 months, whichever is greater. For a covered fourth-degree offense, the minimum is 18 months without parole. A court can depart from the mandatory minimum only through the limited statutory waiver process or another legal exception. A defense attorney can argue mitigating factors and waiver issues before sentencing.
Choosing legal representation is an important step in managing your case. When looking for a criminal defense attorney in Hackensack, consider these essential qualities:
Adam M. Lustberg of Lustberg Law Offices, LLC provides criminal defense backed by more than two decades of experience in Bergen County. We work directly with clients so they understand their options as the case moves forward.
Lustberg Law Offices, LLC represents clients facing criminal charges throughout Bergen County, including Hackensack, Teaneck, Paramus, Fort Lee, Englewood, Garfield, Bergenfield, Fair Lawn, Ridgewood, Lodi, and surrounding areas.
Following an arrest in Hackensack, the legal process begins immediately. Whether your case is handled in the Hackensack Municipal Court or the Bergen County Superior Court, early decisions will significantly impact the outcome. Prompt legal action is essential to protecting your rights.
Adam M. Lustberg and Lustberg Law Offices, LLC represent clients charged with everything from disorderly persons offenses to serious indictable crimes, including gun and weapons charges under New Jersey’s strict statutory framework. We handle cases and advocate aggressively at every stage, from bail hearings and grand jury proceedings to pretrial motions and trial.
Call Lustberg Law Offices, LLC at (201) 880-5311 today for a consultation with Adam M. Lustberg. Our office at 1 University Plaza Dr #212, Hackensack, NJ 07601 serves clients throughout Bergen County and New Jersey. We are ready to help you understand your rights and start building your defense immediately.
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Stay calm, give basic identifying information if required, and avoid discussing the facts of the case. Clearly tell police that you want to remain silent and speak with a lawyer before answering questions. Call Lustberg Law Offices, LLC at (201) 880-5311 as soon as possible.
In many cases, release before trial is possible. If the charge is filed on a complaint-warrant, the court reviews risk factors, Pretrial Services input, and arguments from both sides before deciding whether release conditions are enough. For some serious charges or risk concerns, the prosecutor may ask the court to detain the person before trial.
It depends on the charges. Disorderly persons offenses handled in Hackensack Municipal Court may be resolved in weeks. Indictable crimes processed through Bergen County Superior Court can take several months to over a year.
An arrest creates a record, but an arrest record is not the same as a conviction. If charges are dismissed or you are found not guilty, you may be eligible to have the arrest record expunged under New Jersey law.
The Graves Act is New Jersey’s mandatory sentencing law for many firearm offenses. It can require a person to serve a set period before becoming eligible for parole. For most covered firearm offenses, that period is one-half of the sentence or 42 months, whichever is greater. For covered fourth-degree offenses, the parole bar is 18 months.
Yes. Even though disorderly persons offenses are less serious than indictable crimes, a conviction still results in a criminal record, fines, and possible jail time of up to six months.
Yes. Resisting arrest can be charged as its own offense under N.J.S.A. 2C:29-2. That means the charge may remain an issue even if the original arrest-related charge is later dismissed or reduced.