ADAM M. LUSTBERG WILL NEVER COMMUNICATE WITH YOU ON ANY SOCIAL MEDIA PLATFORM AND HE WILL NEVER, UNDER ANY CIRCUMSTANCES, ASK YOU TO SEND MONEY WITHOUT A FORMAL RETAINER AGREEMENT. HE ONLY COMMUNICATES BY EMAIL FROM AN @LUSTBERGLAW.COM EMAIL ACCOUNT.
AVAILABLE 24/7 | FREE CONSULTATION
Being charged with a criminal offense can be devastating. Criminal charges may affect not only your own life but also the lives of family, friends, and partners. At Lustberg Law Offices, LLC, NJ criminal attorney Adam M. Lustberg understands how a criminal charge may impact your relationships, work prospects, and future earning potential in New Jersey. That’s why we are here to help.
Mr. Lustberg is a top-rated New Jersey criminal defense lawyer known for vigorously defending his clients in and out of the courtroom and has a winning track record. Whether you are seeking criminal defense in federal or state courts, or if you haven’t been charged yet but may be facing criminal charges in the future, call us today. We offer free, confidential consultations and are here 24 hours a day, 7 days a week.
Criminal charges in Bergen County can have serious consequences that extend well beyond a court appearance. Depending on the offense, a conviction may result in incarceration, substantial fines, a criminal record, restrictions on firearm ownership, and challenges involving employment, housing, and professional licensing. Whether you are facing allegations involving DWI, drug offenses, weapons charges, assault, domestic violence, theft, or another criminal matter, understanding your rights and legal options is an important first step.
Adam M. Lustberg is a Bergen County criminal defense lawyer and the founding attorney of Lustberg Law Offices, LLC in Hackensack, New Jersey. He represents individuals charged with criminal offenses in Bergen County Superior Court, municipal courts throughout the county, and courts across New Jersey.
This page explains common criminal charges prosecuted in Bergen County, the penalties associated with those offenses, and the legal processes that may affect your case. If you have been arrested or are under investigation, call Lustberg Law Offices at (201) 880-5311 to schedule a confidential consultation.
Criminal charges in New Jersey carry consequences that extend far beyond the courtroom. A conviction can result in prison time, heavy fines, a permanent criminal record, loss of professional licenses, and restrictions on firearm ownership. The sooner you retain an experienced attorney, the sooner someone is protecting your rights, preserving evidence, and building a defense strategy on your behalf.
New Jersey does not use the terms “felony” and “misdemeanor.” Instead, serious crimes are classified as indictable offenses, graded from the first degree (most serious) to the fourth degree, and heard at the Bergen County Superior Court in Hackensack. Less serious charges, called disorderly persons offenses and petty disorderly persons offenses, are handled in local municipal courts throughout Bergen County.
Even a disorderly persons offense can result in up to six months in county jail, a fine of up to $1,000, or both.
Key Takeaway: New Jersey classifies serious crimes as indictable offenses, heard at Bergen County Superior Court, and lesser charges as disorderly persons offenses, heard in municipal court. Both can create a criminal record that may affect employment, housing, licensing, and other rights unless the charge is dismissed or the record is later expunged.
Driving while intoxicated is one of the most commonly charged offenses in Bergen County municipal courts. Under N.J.S.A. 39:4-50, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. New Jersey also imposes stricter BAC standards for certain drivers: the underage drinking-and-driving statute applies at 0.01% or more but less than 0.08%, and commercial driver cases may involve a 0.04% BAC threshold.
Although DWI is not classified as a criminal offense in New Jersey, it carries significant penalties that increase with higher BAC levels and repeat offenses.
| Offense | BAC Level | Fine | Jail Time | License Suspension | IID Requirement |
|---|---|---|---|---|---|
| First Offense | 0.08% to 0.10% | $250 to $400 | Up to 30 days | Until IID installed | 3 months |
| First Offense | 0.10% to less than 0.15% | $300 to $500 | Up to 30 days | Until IID installed | 7 to 12 months |
| First Offense | 0.15% or higher | $300 to $500 | Up to 30 days | 3 months after IID installation | 12 to 15 months |
| Second Offense | 0.08% or higher | $500 to $1,000 | 48 hours to 90 days | 1 to 2 years | 2 to 4 years |
| Third Offense | 0.08% or higher | $1,000 | 180 days | 8 years | 2 to 4 years |
Under N.J.S.A. 39:4-50.4a, refusal to submit to a breath test is a separate offense. A first refusal generally results in loss of driving privileges until an ignition interlock device is installed, followed by an IID period of 9 to 15 months. A second refusal carries a 1- to 2-year license forfeiture following IID installation, and a third or subsequent refusal carries an 8-year license forfeiture following IID installation, plus other required fines, fees, and IDRC obligations.
Key Takeaway: New Jersey DWI penalties increase with higher BAC levels and repeat offenses. Refusing a breathalyzer carries its own penalties and can be charged alongside a DWI.
If you were arrested for DWI or charged with breath-test refusal in Bergen County, do not wait to get legal advice. Adam M. Lustberg can review the traffic stop, testing procedures, and evidence in your case to identify potential defenses. Call Lustberg Law Offices today at (201) 880-5311 for a free consultation.
We have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.
Drug charges in Bergen County range from simple possession to large-scale distribution. The severity of the charge depends on the substance involved, the quantity, and whether the offense occurred near a school zone or public property.
Under N.J.S.A. 2C:35-5, manufacturing, distributing, or possessing with intent to distribute a controlled dangerous substance is an indictable offense. First-degree charges, typically involving large quantities of heroin, cocaine, or methamphetamine, carry 10 to 20 years in prison. Even third-degree distribution charges carry 3 to 5 years.
New Jersey offers several alternatives to conviction for qualifying defendants. Pretrial Intervention (PTI) allows first-time offenders charged with certain indictable offenses to complete a supervised program instead of facing trial. Conditional Discharge serves a similar function for disorderly persons drug offenses, and Recovery Court, formerly known as Drug Court, provides intensive supervision and treatment for defendants with substance abuse issues.
Successful completion of PTI or Conditional Discharge may result in dismissal of charges and no criminal conviction. Recovery Court is different: it is a treatment-focused probation sentence, and successful graduates may be eligible for expungement, but it does not always mean the charge was dismissed without a conviction.
Key Takeaway: Drug charges in New Jersey range from disorderly persons offenses to first-degree indictable crimes carrying up to 20 years in prison. PTI and Conditional Discharge may allow qualifying defendants to avoid a conviction; Recovery Court may provide a treatment-focused probation sentence and potential expungement eligibility for successful graduates.
Not every drug case leads to the same outcome. Factors such as the type of offense, the evidence involved, and your prior record can affect whether diversion programs or other alternatives are available. To learn what options may apply in your situation, call Lustberg Law Offices at (201) 880-5311.
New Jersey strictly regulates firearms and weapons offenses. Unlawful possession of a handgun under N.J.S.A. 2C:39-5 is a second-degree crime carrying 5 to 10 years in state prison. The Graves Act imposes mandatory minimum sentences for certain weapons offenses. For covered offenses, the minimum term is generally one-half of the sentence imposed or 42 months, whichever is greater; for a fourth-degree crime, the minimum term is 18 months.
Weapons charges can also arise from possession of prohibited weapons and devices, large-capacity magazines, or certain types of ammunition, including hollow-point rounds transported outside the exceptions allowed by law. Permit and licensing issues add complexity for individuals who legally own firearms in other states but are charged in New Jersey. The No Early Release Act (NERA) may apply when the underlying offense is one of the violent crimes covered by N.J.S.A. 2C:43-7.2, requiring service of 85% of the sentence before parole eligibility.
The consequences of a weapons charge can extend far beyond a potential jail sentence, affecting firearm rights, employment opportunities, and future licensing. If you have been accused of a weapons offense in Bergen County, call Lustberg Law Offices at (201) 880-5311 to learn more about your legal options and the steps you can take to protect your rights and interests.
Violent crime charges carry some of the harshest penalties in New Jersey. Simple assault under N.J.S.A. 2C:12-1 is a disorderly persons offense punishable by up to six months in jail. Aggravated assault, which involves serious bodily injury or use of a deadly weapon, is an indictable offense graded as high as the second degree and carrying up to 10 years in state prison.
Terroristic threats under N.J.S.A. 2C:12-3 can result in third-degree or second-degree indictable charges depending on the circumstances. Robbery, which combines theft with the use or threat of force, is always an indictable offense. Defense strategies often involve self-defense claims, challenging the credibility of witnesses, or disputing the severity of the alleged injuries.
Key Takeaway: Assault, terroristic threats, and other violent crime charges can carry significant jail or prison exposure in New Jersey. Depending on the facts, defenses may include self-defense, mistaken identity, witness credibility issues, or challenges to the prosecution’s evidence.
Violent crime allegations can have immediate consequences for your freedom, reputation, and future opportunities. If you have been charged with assault, robbery, terroristic threats, or another violent offense in Bergen County, contact Lustberg Law Offices at (201) 880-5311 to discuss your legal options.
Adam M. Lustberg is a Bergen County criminal defense lawyer who focuses exclusively on defending individuals accused of crimes throughout New Jersey. A graduate of Seton Hall University School of Law, he is admitted to practice in both New Jersey and New York and has represented clients at every stage of the criminal justice process, from initial appearances and detention hearings to jury trials. His experience includes defending cases ranging from DWI and drug offenses to homicide, weapons charges, assault, and other serious indictable crimes.
Over the course of his career, Adam M. Lustberg has earned recognition for his work in criminal defense, including a 10.0 Avvo rating, selection to the Super Lawyers Rising Stars list for multiple consecutive years, recognition as one of Bergen’s Best Lawyers by (201) Magazine, and inclusion among The National Trial Lawyers Top 100 Trial Lawyers. Known for meticulous preparation and strong courtroom advocacy, he is committed to pursuing the best possible outcome for every client he represents.
Domestic violence charges in New Jersey fall under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17. A domestic violence arrest often results in a temporary restraining order (TRO), which can prohibit you from returning to your home, having contact with your children, or possessing firearms. If the alleged victim seeks a final restraining order (FRO), the court holds a hearing where both sides present evidence, and an FRO is permanent unless the court later modifies or dissolves it.
Beyond the restraining order, the underlying criminal charge, such as assault, harassment, or criminal mischief, carries its own penalties, including possible jail time and a criminal record. A final restraining order, and some domestic-violence-related convictions, can also affect firearm possession under state and federal law.
Key Takeaway: Domestic violence cases in New Jersey involve both criminal charges and civil restraining orders. A final restraining order is permanent and can affect custody, housing, and firearm rights. Defending against these charges requires a strategy that addresses both the criminal and civil proceedings.
When a domestic violence case involves both a restraining order and criminal allegations, it is important to understand how each proceeding may affect the other. For guidance on facing these matters in Bergen County, contact Lustberg Law Offices at (201) 880-5311.
Sex crime charges in New Jersey carry severe penalties and long-term consequences, including mandatory registration under Megan’s Law (N.J.S.A. 2C:7-1 et seq.). Sexual assault under N.J.S.A. 2C:14-2 is generally a second-degree crime carrying 5 to 10 years in prison.
Aggravated sexual assault is a first-degree crime, but the sentencing range depends on the subsection; for example, aggravated sexual assault involving a victim under 13 can carry 25 years to life with a 25-year parole-ineligibility period. These offenses may also involve parole ineligibility, Megan’s Law registration, and other long-term consequences depending on the charge.
Sex crime cases often involve internet-based offenses, allegations with delayed reporting, and forensic evidence that requires expert analysis. Early intervention by a defense attorney is critical because prosecutors and law enforcement begin building their case from the moment a complaint is filed.
Sex crime allegations often involve complex evidence, including digital records, forensic testing, and witness statements. Understanding the prosecution’s allegations and the legal issues involved is an important step in protecting your rights. For guidance on a sex crime case in Bergen County, call Lustberg Law Offices at (201) 880-5311.
Theft and fraud charges in New Jersey are graded based on the value of the property or money involved. Shoplifting under N.J.S.A. 2C:20-11 involving merchandise valued at less than $200 is a disorderly persons offense. Merchandise valued at $200 to $500 is a fourth-degree crime, over $500 but less than $75,000 is a third-degree crime, and $75,000 or more is a second-degree crime. Theft of property valued at $500 to $75,000 is graded as a third-degree crime, and amounts exceeding $75,000 are second-degree crimes.
Other common charges in this category include theft by deception, identity theft, credit card fraud, and insurance fraud. These offenses can carry significant prison time, restitution orders, and lasting consequences for professional licenses and employment.
Key Takeaway: Theft, fraud, and white-collar offenses can range from disorderly persons offenses to serious indictable crimes, with penalties often depending on the amount of money or property involved. A conviction may result in incarceration, restitution obligations, and consequences that affect employment and professional licensing.
The allegations, the amount at issue, and the available evidence can all influence how a theft or fraud case is resolved. If you have been charged with shoplifting, theft, identity theft, insurance fraud, or another white-collar offense in Bergen County, or if you want to better understand your rights when accused of shoplifting, call Lustberg Law Offices at (201) 880-5311 to learn more about your legal options.
Juvenile criminal matters in New Jersey are handled in the Family Division of the Superior Court rather than the adult criminal court system. A juvenile who commits a delinquent act faces adjudication, not conviction, and the process is designed to emphasize rehabilitation. However, the consequences of a juvenile adjudication can still be serious and long-lasting.
In certain cases involving violent crimes, the prosecution may seek to waive a juvenile to adult court, exposing the young person to adult penalties and a permanent criminal record. Protecting a juvenile’s record is critical because adjudications can affect college admissions, military eligibility, and future employment.
When a juvenile faces allegations involving a serious offense, questions about waiver to adult court can become critically important. For guidance on juvenile delinquency proceedings and related legal issues in Bergen County, contact Lustberg Law Offices at (201) 880-5311.
An expungement generally seals, isolates, or removes eligible criminal justice records from ordinary public access, allowing individuals to move forward without the burden of past charges or convictions. Under N.J.S.A. 2C:52-1 et seq., New Jersey law allows expungement of many criminal records after specified waiting periods. The 2019 Clean Slate amendments expanded eligibility and shortened several of those waiting periods.
Many indictable convictions are eligible for expungement after a five-year waiting period, with limited early-petition options in some cases. Disorderly persons and petty disorderly persons convictions generally require five years, although a court may consider an early petition after three years if statutory conditions are met. Many arrests or charges that did not result in a conviction can be expunged without the same waiting period, but diversion-related dismissals and other case types may have different rules.
A successful expungement may improve eligibility for employment, housing, licensing, and firearm-permit applications, but firearm rights and permit eligibility should be evaluated on a case-by-case basis.
If you are arrested in Bergen County, the steps you take immediately after can significantly affect the outcome of your case. Follow these steps to protect your rights:
Under New Jersey’s 2017 Criminal Justice Reform Act, most defendants are no longer required to post cash bail. Instead, the court uses a Public Safety Assessment to determine whether to release you, impose conditions, or detain you pending trial. A detention hearing is typically held within three business days of the prosecutor filing a motion to detain.
Key Takeaway: After an arrest in Bergen County, exercise your right to remain silent, refuse consent to searches, and contact a defense attorney immediately. New Jersey’s bail reform system means most defendants are not required to post cash bail, but having an attorney advocate for your release at a detention hearing is essential.
Because New Jersey’s bail reform system allows courts to impose release conditions or seek pretrial detention, early legal representation can be especially important after an arrest. For assistance with a criminal case in Bergen County, call Lustberg Law Offices at (201) 880-5311.
Lustberg Law Offices, LLC serves clients throughout Bergen County, New Jersey, including the following communities:
Our team also represents clients in courts throughout the state of New Jersey.
Committed to providing clients with individual attention and crafting personalized defense strategies based on the facts of the case.
A criminal charge in Bergen County puts your freedom, your career, and your family at risk. The decisions you make in the days following an arrest can shape the outcome of your entire case. Having an experienced criminal defense attorney on your side from the beginning gives you the strongest possible position to fight the charges.
Adam M. Lustberg has built his practice on defending clients facing serious criminal charges throughout Bergen County and New Jersey. From DWI and drug cases to weapons offenses, assault, domestic violence, sex crimes, and expungements, he handles every case with thorough preparation and focused advocacy. Our team represents clients in Bergen County Superior Court and municipal courts across the county.
Call Lustberg Law Offices today at (201) 880-5311 to schedule a free consultation with a Bergen County criminal defense lawyer. Our office is located at 1 University Plaza Dr #212, Hackensack, NJ 07601, and serves clients throughout Hackensack, Paramus, Fort Lee, Teaneck, Englewood, Garfield, and all of Bergen County, New Jersey.
An arrest occurs when law enforcement takes you into custody based on probable cause. A criminal charge begins when a complaint is filed; for indictable offenses, a grand jury indictment may later follow if the case proceeds in Superior Court.
The timeline varies based on complexity and whether the case goes to trial. A straightforward case may resolve within a few months through plea negotiation. More complex indictable cases can take a year or longer.
Yes. New Jersey offers Pretrial Intervention (PTI) for first-time offenders charged with certain indictable offenses and Conditional Discharge for first-time disorderly persons drug offenses. Successful completion results in dismissal of the charges and no criminal conviction on your record.
A conviction for any indictable offense bars you from purchasing, owning, or possessing firearms under both state and federal law. Certain disorderly persons offenses, including domestic violence-related offenses, also trigger firearm disqualification. An expungement may restore eligibility to apply for a firearms permit in some circumstances.
Under the 2017 Criminal Justice Reform Act, a judge decides whether to release you, impose conditions of release, or detain you based on a Public Safety Assessment. If the prosecutor seeks detention, the court holds a detention hearing under New Jersey’s bail reform system. The timing depends on when the prosecutor files the motion and whether either side seeks a continuance.
Many criminal records in New Jersey are eligible for expungement after a waiting period. The 2019 Clean Slate amendments expanded eligibility and shortened some waiting periods. Not all offenses qualify, so consulting an attorney about your specific record is an important first step.
Criminal defense fees vary depending on the severity of the charges, the complexity of the case, and whether the matter goes to trial. Lustberg Law Offices offers free consultations so you can discuss your case and understand your options before making any financial commitment.
No. You have the right to remain silent under the Fifth Amendment to the U.S. Constitution. You may be required to provide identifying information, but you are not required to answer questions about the alleged offense. Politely tell officers that you wish to speak with an attorney before answering any questions.