Latest / BSPE Legal Marketing Podcast / What Happens After a First-Time Gun Charge in New Jersey? - Adam M. Lustberg

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What Happens After a First-Time Gun Charge in New Jersey? - Adam M. Lustberg · BSPE Legal Marketing Podcast

• 0:00
  What Happens After a First-Time Gun Charge in New Jersey?
• 0:02
  A first-time gun charge in New Jersey can feel overwhelming, but understanding what comes next gives you a crucial advantage in protecting your future.
• 0:11
  New Jersey treats firearm offenses with exceptional seriousness, and even a clean criminal record will not automatically shield you from mandatory prison time under the Graves Act.
• 0:22
  The moment of arrest moves quickly, with officers booking you at the station, seizing the firearm into evidence, and filing a formal criminal complaint citing the specific statutes involved.
• 0:32
  Most firearm charges are indictable offenses — New Jersey's equivalent of felonies — handled in Superior Court rather than municipal court.
• 0:40
  Narrator: Unlawful possession of a handgun under N.J.S.A. 2C:39-5(b) is a second-degree crime, which means the complaint is typically filed on a warrant, requiring you to remain in county jail until a judge decides your release.
• 0:54
  Narrator: In Bergen County, your first appearance takes place at the Bergen County Justice Center in Hackensack, generally within 48 hours of being committed to jail.
• 1:03
  Narrator: The prosecutor may file a motion for pretrial detention, and that hearing must be held no later than the third business day afterward, where the State must prove by clear and convincing evidence that no release conditions would adequately protect the community.
• 1:17
  Narrator: Judges weigh a Public Safety Assessment scoring your criminal history, prior court appearances, and the nature of the current charge — and while first-time offenders often score well, that score is just one piece of the decision.
• 1:29
  Narrator: At the detention hearing, your attorney can challenge the State's evidence, present a release plan built around your employment and family ties, and argue for alternatives like electronic monitoring or home detention.
• 1:40
  Narrator: The Graves Act is the sentencing law that fundamentally separates New Jersey gun cases from nearly every other first offense in the state.
• 1:48
  Narrator: Under N.J.S.A. 2C:43-6(c), covered offenses carry mandatory imprisonment with a fixed period of parole ineligibility, regardless of whether the firearm was loaded or whether you have any prior arrests.
• 2:01
  Narrator: For most Graves Act offenses — including unlawful handgun possession — the parole ineligibility term is 42 months or one-third to one-half of the sentence imposed, whichever is greater.
• 2:11
  Narrator: Covered offenses range from unlawful possession of a handgun, rifle, or shotgun to possession of a defaced firearm, possession for an unlawful purpose, and possession of a firearm during certain drug offenses.
• 2:23
  Narrator: However, the outcome of a first-time gun case is not sealed the moment of arrest, because a prosecutor may agree to waive or reduce the mandatory minimum, some charges can be downgraded, and evidence from an unlawful search may be suppressed.
• 2:37
  Narrator: The specific charge, the strength of the evidence, and the skill of the lawyer defending you shape every step of what follows from the first court appearance through trial.
• 2:47
  Narrator: Adam M. Lustberg is a New Jersey gun crime attorney who has argued on behalf of defendants at over 30 detention hearings under the state's criminal justice reform system, defending clients from the first appearance in Hackensack through trial in Superior Court.
• 2:59
  Narrator: Contact Lustberg Law Offices, LLC, located at 1 University Plaza Dr #212, Hackensack, NJ 07601, United States, by calling 201, 880, 5311 to discuss your case and explore every legal option available to you.