By Ron Bar-Nadav · Criminal Defense Attorney · Hackensack, New Jersey
Reviewed and updated: July 2026
If you are reading this, something has happened. You were arrested. You received a summons. Police contacted you or someone you care about. The situation feels urgent, and the legal system feels unfamiliar.
I am a criminal defense attorney in Hackensack, the county seat of Bergen County, and I have focused exclusively on criminal defense in New Jersey for more than 25 years. This guide walks you through how the criminal justice system actually works in New Jersey, what to expect after an arrest in Bergen County, and what a defense attorney does at each stage — not the theory, but the reality.
If after reading this you want to talk, I offer free consultations to anyone facing criminal charges in New Jersey.
What Should I Do Right Now?
If you have just been arrested or charged in Hackensack or anywhere in Bergen County:
- Exercise your right to remain silent. Do not give a statement to police without an attorney present.
- Do not discuss the case with friends, family, or on social media. These conversations are not privileged and can become evidence.
- Contact a criminal defense attorney immediately. The earlier an attorney is involved, the more options are typically available.
- Write down everything you remember — dates, times, who was present, what was said — and share it only with your attorney.
- Attend every court date. Missing a court appearance can result in a bench warrant.
Need to speak with a defense attorney now? Call (201) 525-1555 or contact us online.
Why Choosing the Right Criminal Defense Attorney Matters
Criminal defense is a specialized practice. A lawyer who primarily handles other areas of law may not know the suppression-motion standards, the plea-negotiation dynamics specific to the Bergen County Prosecutor’s Office, or the sentencing statutes that determine whether someone goes to prison. Here is what experienced criminal defense representation actually provides:
- Knowing which charges are negotiable. A third-degree offense and a second-degree offense may involve similar facts, but the sentencing exposure, the presumptions, and the practical options can be very different.
- Recognizing viable defenses early. The best defense strategies depend on evidence that can disappear — surveillance footage gets overwritten, witnesses forget, physical evidence degrades.
- Understanding the local process. Bergen County has dozens of municipal courts, an active Prosecutor’s Office, and a busy Superior Court in Hackensack. Each has its own procedures and pace.
I have practiced criminal defense exclusively for more than 25 years, admitted to the New Jersey bar in 1997. Every case I have taken has been a criminal matter.
What Happens After an Arrest in Hackensack
An arrest in Bergen County generally follows a recognizable sequence. Knowing what comes next helps you make better decisions.
The Complaint
Most cases begin with one of two documents:
- Complaint-summons (CDR-1). You are released with a written court date. More common for lower-level offenses.
- Complaint-warrant (CDR-2). You are held in custody pending a first appearance before a judge. Typical for more serious charges, or where the court believes you may be a flight risk.
The complaint describes the charges and the factual basis for them. At this stage, the charges are allegations — they have not been proven.
Processing and Booking
If taken into custody, you will be fingerprinted, photographed, and booked — typically at the local police department. In Bergen County, people who are held pending a first appearance are transported to the Bergen County Jail in Hackensack.
The First Appearance
For complaint-warrant cases, New Jersey law requires a first appearance before a judicial officer, usually within 48 hours. The judge addresses the charges, your right to counsel, and — most critically — whether you will be released or detained pending trial.
This is where New Jersey’s bail-reform system comes in.
Bail and Pretrial Release in New Jersey
Quick answer: New Jersey largely eliminated cash bail in 2017. Pretrial release decisions are now based on risk assessment, not ability to pay. A judge can release you on conditions, or — if the State makes the case — detain you without bail.
How It Works
- Public Safety Assessment (PSA). After arrest, a standardized tool generates a score based on criminal history, prior failures to appear, and the severity of the current charge.
- Prosecutor’s recommendation. The prosecutor can recommend release, conditions, or file a detention motion.
- Judicial decision. The judge reviews the PSA, the arguments, and decides:
- Release on personal recognizance (no conditions)
- Release with conditions (check-ins, GPS monitoring, no-contact orders, travel restrictions)
- Pretrial detention — only after a full hearing where the State must show, by clear and convincing evidence, that no conditions can reasonably assure appearance and community safety
Why This Matters
A detained person cannot work, cannot easily participate in their own defense, and faces different plea-negotiation dynamics than someone who is free pending trial. Having an attorney present at the first appearance can directly affect whether you go home or stay in custody.
Understanding New Jersey’s Criminal Court System
New Jersey divides criminal matters into two tracks. The track determines the court, the procedures, the penalties, and the long-term consequences.
Indictable Crimes vs. Disorderly Persons Offenses
New Jersey does not use the word “felony.” Serious offenses are called indictable crimes, graded first through fourth degree. First degree is the most serious; fourth degree is the least.
| Indictable crime | Disorderly persons offense | |
|---|---|---|
| NJ equivalent | Felony (other states’ term) | Misdemeanor (other states’ term) |
| Grading | 1st through 4th degree | DP or petty DP |
| Court | Superior Court (county level) | Municipal court (town level) |
| Prosecutor | County Prosecutor’s Office | Municipal prosecutor |
| Jury trial right | Yes | No (bench trial only) |
| Maximum incarceration | 20 years (1st degree) | 6 months (DP); 30 days (petty DP) |
| Creates a criminal record | Yes | Yes |
For a detailed explanation, see our guide on indictable offenses in New Jersey.
Indictable Crime Sentencing Ranges
| Degree | Incarceration | Maximum fine | Presumption |
|---|---|---|---|
| First | 10–20 years (state prison) | $200,000 | Incarceration presumed |
| Second | 5–10 years | $150,000 | Incarceration presumed |
| Third | 3–5 years | $15,000 | Against incarceration (first offenders) |
| Fourth | Up to 18 months | $10,000 | Against incarceration (first offenders) |
These ranges come from N.J.S.A. 2C:43-6 and 2C:43-3. The presumptions come from N.J.S.A. 2C:44-1(d) and (e). Actual sentencing depends on aggravating and mitigating factors specific to each case.
How Long Does a Criminal Case Take?
There is no standard answer, but these ranges reflect what I see in Bergen County:
| Case type | Typical timeline |
|---|---|
| Disorderly persons (municipal court) | 2–6 months |
| Fourth-degree indictable | 4–12 months |
| Second- or third-degree indictable | 6–18 months |
| First-degree or complex case | 12–24+ months |
| Case going to trial | Add 3–12 months to the above |
These are rough estimates. A case resolved through early plea negotiation or diversion moves faster. A case involving extensive discovery, expert witnesses, or pretrial motions takes longer. No attorney can guarantee a timeline.
Central Judicial Processing (CJP) in Bergen County
If you are charged with an indictable offense in Bergen County, one of your first court events will be a Central Judicial Processing session. Most people have never heard of CJP before they encounter it.
CJP is an early case-management hearing — not a trial and not a plea hearing, but consequential because:
- It is often the first opportunity to review discovery (the State’s evidence against you).
- It can set the trajectory of the case — negotiation, diversion, or trial track.
- Failing to appear can result in a warrant.
For a full explanation of how CJP works and why preparation matters, see our CJP court guide.
Common Criminal Charges in Bergen County
Bergen County is the most populated county in New Jersey. These are among the charges I handle most frequently.
Assault
Assault in New Jersey ranges from a disorderly persons simple assault to a second-degree aggravated assault carrying 5 to 10 years in state prison. The grading turns on the severity of injury, whether a weapon was involved, and the alleged victim’s status. Understanding the difference between simple and aggravated assault is one of the first steps in evaluating real exposure.
New Jersey allows the use of proportional force in self-defense when you reasonably believe it is immediately necessary to protect yourself. Notably, there is no duty to retreat before using ordinary, non-deadly force — the retreat obligation applies only to deadly force, and not inside your own home. When raised, the State must disprove self-defense beyond a reasonable doubt.
Domestic Violence
Domestic violence matters involve both a criminal case and a separate civil restraining-order proceeding in family court, running on parallel tracks. Restraining orders can be issued on an emergency basis — often before the accused has a chance to respond — and violations are independently criminal. For a comprehensive overview, read our Domestic Violence Defense Guide.
Drug Offenses
Drug charges range from possession — often a disorderly persons offense after the CREAMM Act decriminalized recreational marijuana — to distribution and trafficking, which carry mandatory minimum sentences under certain circumstances. Drug cases frequently raise search-and-seizure issues: how police found the substances often determines whether the evidence is admissible.
Fraud and Financial Crimes
Fraud offenses include credit card fraud, insurance fraud, identity theft, and forgery. These cases tend to be document-intensive and often begin with an investigation months before charges are filed. If you learn you are under investigation for a financial crime, contact an attorney before speaking with investigators.
Sex Offenses
Sex charges carry severe penalties, Megan’s Law registration, and parole supervision for life in many cases. Defense often centers on consent, identification, forensic evidence, and witness reliability.
Weapons Offenses
New Jersey has some of the strictest gun laws in the country. Unlawful possession of a weapon — even without violent conduct — can be a second-degree crime carrying a mandatory minimum under the Graves Act. See our overview of defenses to weapons charges.
Robbery and Theft
Armed robbery is a first-degree crime with NERA consequences. Even unarmed robbery is second-degree. Theft and shoplifting are graded based on the value involved.
Resisting Arrest
Resisting arrest can be a disorderly persons offense or a third-degree crime depending on whether flight or force was used. It is frequently charged alongside assault on a police officer, and the outcome often depends on body-camera footage and the precise sequence of events. Learn more about resisting arrest charges in New Jersey.
DWI/DUI
This surprises many people: DWI in New Jersey is not a criminal offense. It is a motor-vehicle violation heard in municipal court, and it does not create a criminal record. However, it carries mandatory penalties that can include license suspension, ignition interlock, fines, and even jail for repeat offenses. Because it is not a criminal charge, the constitutional protections are different — for example, there is no right to a jury trial. DWI defense is a distinct area with its own rules.
Call (201) 525-1555 or contact us online if you are facing any of these charges.
Under Investigation but Not Yet Charged?
Not every case begins with an arrest. Many begin with an investigation — a knock on the door, a phone call from a detective, a grand jury subpoena.
If you learn that you are under investigation:
- Do not speak with investigators without an attorney. You have no obligation to answer police questions, even if they suggest it will “help” to cooperate.
- Do not destroy evidence. Obstruction and evidence-tampering are separate crimes that will make your situation worse.
- Contact a defense attorney immediately. The pre-charge stage is often the most important window. An attorney can communicate with investigators on your behalf, evaluate whether charges are likely, and in some cases present information that prevents charges from being filed at all.
Your Rights During a Police Encounter
New Jersey recognizes several levels of police encounters, and your rights differ at each:
- Field inquiry. Police can approach and ask questions. You are free to walk away.
- Investigative detention (Terry stop). With reasonable articulable suspicion, police can briefly detain you and conduct a limited pat-down for weapons. You are not free to leave, but you are not required to answer questions.
- Arrest. You are in custody. Miranda warnings must be given before custodial interrogation — meaning police must advise you of your rights before questioning you while in custody. Statements obtained without proper Miranda warnings may be suppressed.
Searches and Your Right to Refuse
Police generally need a warrant to search your home. If police ask to search your home, car, or person, you have the right to decline. Politely state: “I do not consent to a search.” If they search anyway, the legality becomes a question for the court, and a successful suppression motion can remove the evidence from the case entirely.
Vehicle searches are governed by the automobile exception: police can search a car without a warrant if they have probable cause. New Jersey’s Supreme Court has imposed additional requirements in this area (see State v. Witt, 223 N.J. 409 (2015)), making vehicle-search challenges a recurring defense issue in drug and weapons cases.
Diversion Programs: Resolving Charges Without a Conviction
New Jersey offers several programs that, if completed, result in charges being dismissed — no conviction, no criminal record from the case. These are among the most valuable outcomes in criminal defense, and eligibility is the first thing I evaluate in any case where they might apply.
Quick answer: PTI (Pre-Trial Intervention) is for indictable crimes; conditional discharge is for certain DP-level drug offenses; Recovery Court is for drug-dependent defendants facing serious charges. All require the prosecutor’s consent, and completion results in dismissal.
Diversion Programs at a Glance
| Program | Eligible charges | Key requirements | Outcome if completed |
|---|---|---|---|
| PTI (Pre-Trial Intervention) | Indictable crimes (generally first-time offenders) | Prosecutor’s consent; no prior PTI; offense and history suitable | Charges dismissed |
| Conditional discharge | Certain first-offense drug possession (DP level) | First drug offense; no prior conditional discharge | Charges dismissed |
| Recovery Court (formerly Drug Court) | Drug-dependent defendants, including some with serious charges | Substance-use disorder diagnosis; commitment to supervised treatment | Charges dismissed upon graduation |
Not everyone qualifies. Eligibility depends on the offense, the person’s history, the victim’s input in some cases, and the prosecutor’s agreement. A defense attorney’s role is to build the strongest possible application and, where the prosecutor initially objects, to present the case for admission.
How Plea Negotiations Actually Work
Most criminal cases in New Jersey resolve through negotiation, not trial. This does not mean outcomes are predetermined — it means both sides evaluate the evidence and attempt to reach a resolution that reflects the case’s actual strength.
- The State’s initial offer is a starting point. It is designed to resolve cases quickly, not to reflect the strongest possible defense position.
- Discovery changes the dynamic. A prosecutor’s willingness to negotiate often shifts after the defense reviews the evidence and identifies weaknesses — inconsistent witnesses, problematic searches, missing evidence, viable legal defenses.
- Downgrading charges is common and consequential. Resolving a third-degree offense as a fourth-degree charge changes the sentencing presumption, the incarceration range, and the long-term record.
- The strength of the negotiation depends on the strength of the defense position. A well-prepared attorney creates leverage by identifying every weakness in the State’s case — not by simply asking for a better deal.
The Trial Process
If a case does not resolve through negotiation or diversion, it proceeds to trial.
Grand Jury (Indictable Offenses Only)
Before an indictable case goes to trial, it must be presented to a grand jury, which decides whether there is probable cause to indict. The grand jury hears only the State’s evidence. If the grand jury finds insufficient evidence, it returns a “no true bill,” and the charges are not pursued. The defense does not present its case at this stage.
Pretrial Motions
These can include motions to suppress evidence (challenging a search or a statement), motions to dismiss (challenging the sufficiency of the charges), and motions in limine (seeking to exclude certain evidence at trial). Suppression motions are often the most consequential step in a case — winning one can gut the State’s evidence.
Trial
For indictable offenses, the defendant has a right to a jury trial. For disorderly persons offenses in municipal court, trials are bench trials (decided by a judge). The State presents its case first; the defense follows. The defendant is never required to testify. The jury’s verdict must be unanimous.
The State must prove guilt beyond a reasonable doubt — the highest standard of proof in the legal system. The defendant does not have to prove innocence, present evidence, or take the stand.
Appeals
If convicted, a defendant may have grounds to appeal. Appeals challenge legal errors made during the trial or plea process — they are not retrials. The appellate process has strict deadlines, and grounds must be preserved during the lower-court proceedings.
Sentencing in New Jersey
Sentencing is governed by N.J.S.A. 2C:44-1 and structured around aggravating and mitigating factors. Two presumptions dominate:
- First- and second-degree crimes carry a presumption of incarceration. Prison is the default unless mitigating factors substantially outweigh aggravating factors and imprisonment would be a “serious injustice.”
- Third- and fourth-degree crimes carry a presumption against incarceration for first-time offenders, subject to statutory exceptions.
Mandatory Minimums and NERA
Certain offenses carry mandatory minimum sentences. The most significant are the Graves Act (weapons offenses, requiring a minimum period of parole ineligibility) and the No Early Release Act (NERA), which requires serving 85% of a sentence before parole eligibility for enumerated first- and second-degree violent crimes. Whether NERA or a mandatory minimum applies is often the central issue in sentencing strategy.
Alternatives to Incarceration
Depending on the offense and circumstances, alternatives may include probation (with or without conditions), Recovery Court, PTI (which results in dismissal, not conviction), conditional discharge, community service, and time-served sentences.
Probation Violations
A person on probation who violates its terms faces a violation-of-probation (VOP) hearing. The consequences can include modified conditions, extended probation, or — in serious cases — resentencing to incarceration. VOP hearings have a lower burden of proof than criminal trials (preponderance of the evidence, not beyond a reasonable doubt), which makes them legally distinct and often more difficult to defend.
Long-Term Consequences of a Criminal Conviction
The court-imposed penalties are only part of the picture. A conviction can carry collateral consequences that last far longer:
- Employment. Background checks are routine. Certain convictions disqualify you from specific industries.
- Professional licensing. Boards for nursing, law, medicine, real estate, and other professions consider criminal history.
- Immigration. For non-citizens, certain convictions can trigger deportation, denial of naturalization, or inadmissibility. The two key federal-law categories — “crimes involving moral turpitude” and “aggravated felonies” (a federal term that includes offenses New Jersey does not call felonies) — each carry different consequences. Immigration analysis is highly charge-specific and must be done before making any plea decision.
- Firearm rights. Certain convictions affect the ability to possess firearms under both state and federal law, including some offenses that seem relatively minor.
- Housing and education. Landlords and some educational institutions check criminal records. Financial aid eligibility can be affected.
- Family law. A criminal record can be relevant in custody proceedings.
Understanding these consequences before resolving a case is essential. In some situations, the collateral consequences of a particular plea are worse than the criminal penalty, and a different resolution that avoids them may be available.
Expungement: Clearing Your Record
New Jersey has expanded expungement eligibility substantially. Many people with criminal records do not realize they may be eligible.
- Who qualifies: Many disorderly persons and some indictable convictions can be expunged after applicable waiting periods. The “Clean Slate” law and subsequent reforms broadened eligibility, and some records are now expunged automatically.
- What it does: Removes the record from public databases. In most circumstances, you can legally answer “no” when asked about criminal convictions.
- What it does not do: Not all offenses are expungeable. Certain serious crimes are permanently excluded. Eligibility depends on the specific offense, the number of prior convictions, and the waiting period.
Mistakes to Avoid After an Arrest
Over 25 years of practice, I have seen the same mistakes cost people dearly.
Talking to police without an attorney. People believe cooperating will help. In practice, police interviews collect evidence for prosecution. Even truthful statements can be taken out of context or lock you into a version of events that becomes difficult to adjust later. The rule: invoke your right to counsel before answering questions.
Discussing the case on social media. Posts, messages, photos, and check-ins are discoverable evidence. Prosecutors review social media routinely.
Contacting the alleged victim. Especially in domestic violence matters, a no-contact order may be in effect. Violating it is a separate crime. Even without one, direct contact with a complaining witness during a pending case creates serious legal risk.
Missing court dates. Results in a bench warrant and signals to the court that you are not engaged. It can affect bail, plea negotiations, and sentencing.
Waiting too long to hire an attorney. Evidence degrades. Witnesses forget. Surveillance footage is overwritten. Legal deadlines pass.
Hiring a lawyer who does not primarily practice criminal defense. Criminal defense is specialized. Ask any attorney you are considering: What percentage of your practice is criminal defense?
How to Prepare for Your First Meeting With a Defense Attorney
Bring whatever you have. The more your attorney knows at the first meeting, the more useful the consultation will be:
- The complaint, summons, or any court paperwork you received
- The name and badge number of the arresting officer, if you have it
- Your next court date, if scheduled
- Your written recollection of what happened (share this only with your attorney — it is privileged)
- Contact information for any witnesses who may support your account
- Any photographs, text messages, or other evidence you believe is relevant
- Your prior criminal history, if any — your attorney needs to know this, and learning it from you is better than learning it from the prosecutor
Why Local Experience Matters in Bergen County
Bergen County has a specific local process with local norms that differ from other counties.
- The Bergen County Prosecutor’s Office handles all indictable matters. Their approach to particular charge types and diversion eligibility is specific to this office.
- The Bergen County Superior Court in Hackensack handles all county-level criminal cases. Familiarity with the court’s scheduling practices and motions procedures matters for case management.
- Municipal courts across Bergen County handle disorderly persons offenses, traffic matters, and ordinance violations. Each operates somewhat independently.
My office is in Hackensack. I have practiced in Bergen County courts throughout my career and appear in courts throughout New Jersey. No attorney can promise a particular result or claim special relationships with judges or prosecutors — but knowing how the local process works helps in planning every step.
Frequently Asked Questions
What is the difference between an indictable crime and a disorderly persons offense in New Jersey?
An indictable crime is New Jersey’s equivalent of a felony, graded first through fourth degree and handled in Superior Court. A disorderly persons offense is the equivalent of a misdemeanor, handled in municipal court, with up to 6 months in county jail. Both create a criminal record. See the comparison table above for the full breakdown.
Do I need a lawyer for a disorderly persons offense?
Yes. A conviction carries up to 6 months in jail and creates a permanent record affecting employment, licensing, housing, and — for non-citizens — immigration status.
What is PTI, and do I qualify?
Pre-Trial Intervention is a diversionary program for eligible defendants charged with indictable crimes. Completion results in dismissal. Eligibility depends on the offense, your history, and the prosecutor’s consent. See the Diversion Programs section above.
What is conditional discharge?
Conditional discharge is the disorderly-persons-level equivalent of PTI — available for certain first-time drug-possession offenses. If completed, the charge is dismissed.
Can I get my charges dismissed?
Possibly. Charges can be dismissed for insufficient evidence, constitutional violations, successful diversion, or other legal grounds. No attorney can guarantee dismissal.
How much does a criminal defense attorney cost?
Fees vary with the case’s complexity. I offer free initial consultations so you can understand your situation before making a financial commitment.
Will I go to jail?
It depends on the charge, the degree, your history, and the resolution. First-time offenders convicted of third- or fourth-degree crimes generally benefit from a presumption against incarceration. First- and second-degree crimes carry a presumption of imprisonment.
What happens at an arraignment?
An arraignment is a formal court appearance early in Superior Court proceedings where you are advised of the charges and enter a plea (typically not guilty). It sets the schedule for discovery and future dates.
Can a conviction be expunged?
Many can, after applicable waiting periods. Eligibility depends on the offense and your history. See our expungement guide.
What is NERA?
The No Early Release Act requires serving 85% of a sentence before parole eligibility for certain first- and second-degree violent crimes, including second-degree aggravated assault, robbery, and certain sexual offenses.
How long will my criminal case take?
It varies significantly. A straightforward municipal-court matter may resolve in 2–6 months; a complex indictable case heading to trial can take 12–24 months or more. See the timeline table above.
Talk to a Criminal Defense Attorney in Hackensack
If you are facing criminal charges in Hackensack, Bergen County, or anywhere in New Jersey, the most important step is the simplest: talk to an experienced criminal defense attorney before your next court date.
I have practiced criminal defense exclusively in New Jersey for more than 25 years. My office is in Hackensack. I offer free consultations to anyone facing criminal charges.
Call (201) 525-1555 or contact us online.
Law Offices of Ron Bar-Nadav · Hackensack, Bergen County, New Jersey