HACKENSACK, NJ - October 27, 2026 — Individuals arrested in Bergen County face critical decisions in the first hours following an arrest, and the choices made before a first court appearance can shape the entire outcome of a case. Bergen County criminal defense attorney Adam M. Lustberg of Lustberg Law Offices, LLC (https://www.lustberglaw.com/blog/what-to-do-after-an-arrest-in-bergen-county-nj/) has released guidance explaining the rights of the accused, the booking and pretrial release process, and the steps that help protect a defense from the outset.
According to Bergen County criminal defense attorney Adam M. Lustberg, three actions matter most in the first hour after an arrest: complying physically with officers, refraining from discussing the allegations, and clearly requesting an attorney. "Seemingly casual conversation in a patrol car or holding cell can be admissible as evidence," Lustberg explains. "Explanations about where someone was, who they were with, or how much they had to drink routinely become the strongest evidence against them."
Bergen County criminal defense attorney Adam M. Lustberg notes that individuals must comply physically even when they believe an arrest is unlawful, because pulling away or arguing during handcuffing can add a separate charge under N.J.S.A. 2C:29-2. The proper course, he advises, is to challenge the arrest later in court, where the official record carries weight. Under the Fourth Amendment and Article I, Paragraph 7 of the New Jersey Constitution, the accused hold the right to remain silent, the right to an attorney, and the right to be free from unreasonable searches.
Lustberg points out that New Jersey applies stricter search standards than federal law. Under State v. Witt, 223 N.J. 409 (2015), police may search a vehicle without a warrant only if probable cause arises spontaneously during a stop, and State v. Pierce, 136 N.J. 184 (1994), further limits searches incident to arrest for minor motor vehicle offenses. "Consent searches require no warrant at all," Lustberg emphasizes, "so it remains critical for individuals to decline consent during a roadside stop."
The booking process creates the official record of an arrest, including fingerprints, photographs, an inventory of property, and a criminal history check. Attorney Lustberg explains that a complaint-summons allows release from the station with a future court date, while a complaint-warrant means transport to the Bergen County Jail on South River Street in Hackensack, where Pretrial Services prepares a risk assessment for the judge. Serious indictable offenses, domestic violence allegations, weapons charges, and prior failures to appear frequently result in a complaint-warrant.
New Jersey eliminated cash bail as the primary standard on January 1, 2017, when the Bail Reform and Speedy Trial Act took effect. As Lustberg observes, the court now decides release conditions using a Public Safety Assessment prepared by Pretrial Services under the framework in N.J.S.A. 2A:162-16, rather than setting a dollar amount. The assessment produces scores from 1 to 6 measuring the risk of failing to appear and the risk of new criminal activity, but it does not consider income, employment status, or the strength of the evidence.
Lustberg, who has argued at more than 30 detention hearings under New Jersey's system of criminal justice reform, notes that most defendants gain release while prosecutors may file a motion for pretrial detention in more serious matters. In those situations, the court holds a detention hearing where both sides present arguments and the defense proposes a release plan. If held in custody, a defendant's first appearance occurs within 48 hours of commitment, and arraignment on an indictable charge follows an indictment.
Attorney Lustberg adds that a significant portion of criminal matters resolve without a conviction on the original charge. Pretrial Intervention under N.J.S.A. 2C:43-12 diverts eligible defendants into a supervision period and can result in a full dismissal, while conditional dismissal under N.J.S.A. 2C:43-13.1 offers a similar option in municipal court for many first-time disorderly persons offenses. Issues such as weak identification, unreliable witnesses, chain of custody problems, and missing discovery all create room to negotiate favorable outcomes, which is why retaining counsel before the pre-indictment conference is important.
The firm also highlights the lasting consequences of a criminal record, which can affect employment, housing, professional licensing, firearm rights, and immigration status. New Jersey allows many records to be cleared through expungement under N.J.S.A. 2C:52-2 after a waiting period tied to the specific offense. Lustberg Law Offices, LLC represents clients from its Hackensack office who face arrest in Bergen, Hudson, Essex, Passaic, Morris, Union, Middlesex, and Somerset counties.
For those facing arrest in Bergen County, contacting an experienced criminal defense attorney early may help protect fundamental rights and preserve access to diversion programs before key deadlines pass.
About Lustberg Law Offices, LLC:
Lustberg Law Offices, LLC is a Hackensack, New Jersey criminal defense firm led by attorney Adam M. Lustberg, who focuses his practice exclusively on defending individuals investigated for or accused of crimes. The firm represents clients at every stage of the criminal justice system, from initial arraignment through jury trial, in matters ranging from municipal court offenses to serious indictable charges in Superior Court. Serving clients throughout northern New Jersey from its office at 1 University Plaza Dr #212, the firm handles detention hearings, suppression motions, and Pretrial Intervention applications. For consultations, call (201) 880-5311.
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Website: https://www.lustberglaw.com/
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Company Name: Lustberg Law Offices, LLC
Contact Person: Adam M. Lustberg
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Phone: (201) 880-5311
Address:1 University Plaza Dr #212, Hackensack, NJ 07601
City: Hackensack
State: New Jersey
Country: United States
Website: https://www.lustberglaw.com/
