Bergen County Gun Crime Defense Attorney Adam M. Lustberg Explains Defense Strategies for Firearm Charges in New Jersey

HACKENSACK, NJ - Individuals facing gun charges in New Jersey encounter some of the strictest firearm laws in the country, with mandatory prison sentences under the Graves Act for many offenses. Bergen County gun crime defense attorney Adam M. Lustberg of Lustberg Law Offices, LLC (https://www.lustberglaw.com/blog/how-to-beat-a-gun-charge-in-nj/) outlines effective defense strategies, including challenging illegal searches, demonstrating lack of knowledge or intent, and pursuing Graves Act waivers.

According to Bergen County gun crime defense attorney Adam M. Lustberg, the most effective defense often involves challenging the legality of the search that led to the firearm's discovery. Under the Fourth Amendment, law enforcement cannot conduct searches without probable cause or a valid warrant. "If police violated constitutional rights during the search, any evidence they obtained can be suppressed, meaning it cannot be used in court," explains Lustberg.

Bergen County gun crime defense attorney Adam M. Lustberg emphasizes that New Jersey law requires individuals to possess a firearm knowingly. If a gun is found in a shared vehicle, residence, or container without clear evidence connecting the defendant to the weapon, lack of knowledge becomes a viable defense. The Graves Act, codified under N.J.S.A. 2C:43-6(c), imposes mandatory minimum prison sentences with parole ineligibility of at least 42 months for covered offenses, including unlawful possession of handguns, rifles, shotguns, and assault firearms.

Attorney Lustberg notes that warrantless vehicle searches under the automobile exception require probable cause. Under New Jersey constitutional law, circumstances giving rise to probable cause must be unforeseeable and spontaneous. "Many firearms are discovered during traffic stops, but police must follow strict legal procedures," he adds. "If they fail to do so, the evidence can be excluded from the case."

Lustberg highlights that Graves Act waivers provide opportunities to avoid or reduce mandatory minimum sentences under specific circumstances. To qualify under N.J.S.A. 2C:43-6.2, defendants must have no prior firearm convictions, and the prosecutor must demonstrate that imposing the mandatory minimum does not serve the interests of justice. "If granted, a waiver can allow the court to impose probation or reduce the parole-ineligibility term to one year," Lustberg observes.

The firm handles cases throughout Bergen County Superior Court, Hackensack Municipal Court, and courts across New Jersey. Lustberg points out that the 2014 New Jersey Attorney General's Graves Act Clarification instructs prosecutors to give particular attention to otherwise law-abiding out-of-state gun owners who legally owned firearms elsewhere and lacked criminal intent.

"Early intervention is critical in firearm cases," advises Lustberg. "Challenging the initial traffic stop, examining dashcam footage and police reports, and identifying constitutional violations can lead to suppressed evidence and dismissed charges." Courts evaluate both aggravating and mitigating factors when deciding waiver applications, including prior criminal history, whether the firearm was unloaded and secured, community ties, and cooperation with law enforcement.

For those facing gun charges in New Jersey, obtaining experienced legal representation familiar with Fourth Amendment protections and Graves Act procedures may provide critical advantages. Probation typically requires successfully obtaining a Graves Act waiver first, as most gun crimes fall under mandatory sentencing laws.

About Lustberg Law Offices, LLC:

Lustberg Law Offices, LLC is a Hackensack-based law firm dedicated to criminal defense, with extensive experience in gun crime cases. Led by attorney Adam M. Lustberg, a New Jersey Supreme Court Certified Criminal Trial Attorney, the firm represents clients throughout Bergen County, Passaic County, Hudson County, and New Jersey. For consultations, call (201) 880-5311.

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Email: alustberg@lustberglaw.com

Website: https://www.lustberglaw.com/

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Company Name: Lustberg Law Offices, LLC
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Phone: (201) 880-5311
Address:One University Plaza Dr Suite 212
City: Hackensack
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