Bergen County Criminal Lawyer

Bergen County Criminal Lawyer

You’re facing criminal charges in Bergen County. Maybe it’s a DWI in Paramus. Assault charges in Hackensack. Drug possession in Fort Lee. You’ve been to court or you’re about to go, and you’re trying to understand what happens in the Bergen County system – Superior Court versus Municipal Court, indictable offenses versus disorderly persons, what outcomes you can realistically expect.

Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, with over 50 years combined experience defending criminal cases in New Jersey and New York. We handle cases in Bergen County Superior Court and Municipal Courts throughout the county. This article explains the Bergen County court system, what charges you’re likely facing, and why local court experience matters for your defense.

Superior Court vs. Municipal Court

Bergen County has two criminal court systems, and understanding which one handles your case determines everything about your defense strategy, potential penalties, and timeline. Superior Court in Hackensack handles indictable offenses – what other states call felonies. First degree, second degree, third degree, fourth degree charges. These are serious: armed robbery, aggravated assault, drug distribution, weapons offenses, sexual assault. If you’re indicted in Superior Court, you’re facing potential state prison time, not county jail.

Municipal Courts handle disorderly persons offenses and petty disorderly persons offenses – misdemeanors. Each municipality has its own court: Paramus Municipal Court, Fort Lee Municipal Court, Teaneck Municipal Court. These courts handle DWI, simple assault, marijuana possession under 50 grams, shoplifting under $200, disorderly conduct. Maximum penalty is six months county jail for disorderly persons offense, 30 days for petty disorderly persons. No state prison exposure, but convictions still create criminal records that affect employment and professional licenses.

Where your case gets heard matters tactically. Municipal Court judges are often part-time, hearing cases one or two evenings per week. They’re typically local attorneys who know the police officers testifying, know the prosecutors, know the community. This creates different dynamics than Superior Court, where full-time judges hear hundreds of cases monthly and approach them more institutionally. In Municipal Court, your attorney’s relationship with the local prosecutor and knowledge of that specific judge’s tendencies can make enormous difference in plea negotiations.

Common Bergen County Charges

DWI dominates Municipal Court dockets across Bergen County. Route 4, Route 17, Garden State Parkway – major highways running through the county where State Police and local departments conduct aggressive DWI enforcement. First offense DWI with BAC .08% to .10% carries three-month license suspension, fines, insurance surcharges, and IDRC classes. But BAC over .10% increases suspension to seven months to one year. Second offense within 10 years means two-year suspension minimum and mandatory jail time.

Domestic violence charges – simple assault, harassment, terroristic threats – commonly arise in Bergen County’s densely populated municipalities where police respond to neighbor complaints about arguments. New Jersey’s domestic violence laws are particularly harsh: even if charges get downgraded or dismissed, the restraining order can remain in effect, preventing you from returning to your home, seeing your children, or possessing firearms. We’ve handled cases where the alleged victim wanted charges dropped, but the prosecutor proceeded anyway under New Jersey’s “no-drop” policy.

Drug charges depend on amount and substance. Marijuana under 50 grams is Municipal Court – disorderly persons offense. Over 50 grams goes to Superior Court as indictable offense. Cocaine, heroin, prescription pills without prescription – all Superior Court charges even for small amounts. Bergen County Prosecutor’s Office treats drug cases seriously because of heroin epidemic that hit North Jersey particularly hard over the past decade. They’re less willing to negotiate on opioid charges than marijuana charges.

Weapons offenses in New Jersey carry mandatory minimum sentences. N.J.S.A. 2C:39 makes unlawful possession of a firearm a second-degree crime with presumption of imprisonment – meaning even first-time offenders face five to ten years, with minimum 42 months before parole eligibility under Graves Act. This applies even to out-of-state residents who didn’t realize their legal carry permit from Pennsylvania or New York isn’t recognized in New Jersey. We’ve defended multiple cases where someone got pulled over on Route 95 with a legally owned firearm from another state and faced years in prison.

Bergen County Prosecutor’s Office

The Bergen County Prosecutor’s Office handles all Superior Court cases and provides assistant prosecutors to Municipal Courts for serious matters. They’re one of the largest prosecutor’s offices in New Jersey, reflecting Bergen County’s population of over 950,000. This means institutional policies rather than individual prosecutor discretion often determine plea offers.

Pretrial Intervention (PTI) is New Jersey’s diversion program for first-time offenders charged with indictable offenses. If accepted into PTI, you complete probation, community service, and counseling for 12 to 36 months. Successfully complete the program and charges get dismissed – no conviction on your record. But PTI acceptance isn’t automatic. The prosecutor’s office screens applications, and certain charges – domestic violence, sexual offenses, DWI – are typically excluded from PTI consideration even for first-time offenders.

Conditional discharge works similarly for first-time drug possession charges. Complete probation and charges dismissed. But like PTI, it’s discretionary – the prosecutor can object, and the judge can deny the application. Having a lawyer who knows which assistant prosecutors handle which courtrooms and how to frame applications for diversion programs increases acceptance odds dramatically.

Why Local Court Experience Matters

Bergen County Superior Court has specific judges assigned to criminal docket who develop reputations. Some judges are conviction-minded former prosecutors who rarely grant suppression motions. Others are defense-friendly, willing to entertain novel Fourth Amendment arguments. Knowing which judge is assigned to your case helps predict trial outcomes and whether taking a plea offer makes sense compared to risking trial.

Municipal Courts vary wildly by town. Paramus Municipal Court is high-volume, processing hundreds of traffic and DWI cases monthly – prosecutors there tend toward formulaic plea offers because they don’t have time to evaluate each case individually. Fort Lee Municipal Court sees fewer cases, giving prosecutors and judges more time to consider individual circumstances – sometimes beneficial, sometimes not. Hackensack Municipal Court handles the most serious municipal charges because it’s the county seat with larger police department making more arrests.

Local police department practices matter. Paramus Police, Ridgewood Police, Englewood Police – each department has officers who testify regularly, and experienced defense attorneys know their track records. Some officers have disciplinary histories, credibility problems, or patterns of Fourth Amendment violations that create suppression motion opportunities. We’ve defended cases where knowing an officer’s history with false statements in prior cases led to charges being dismissed when the prosecutor couldn’t rehabilitate the officer’s credibility.

At Spodek Law Group – we’ve handled hundreds of cases in Bergen County courts and built relationships with prosecutors and understanding of local judges that helps negotiations and trial strategy. Todd Spodek has tried cases in Hackensack Superior Court and Municipal Courts throughout the county. If you’re facing charges in Bergen County, call us at 212-300-5196. The sooner we start investigating your case, interviewing witnesses, and filing motions, the better your chances of favorable outcome.