Bergen County Gun Crime Lawyer

Bergen County Gun Crime Lawyer

Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience defending clients facing serious criminal charges. If you’re reading this, you’ve likely been arrested for gun possession in Bergen County – and you’re terrified. You thought your out-of-state permit made you legal, or that storing your firearm during travel was proper. Now you’re facing second-degree felony charges with mandatory minimum prison time under New Jersey’s Graves Act.

What happens next isn’t obvious, and the decisions you make in the next 30 to 90 days will determine whether you face years in state prison or secure alternatives. This article explains what actually happens from arrest through resolution, the choices you face at critical decision points, and how to avoid mandatory prison time.

You Think You’re Legal – New Jersey Disagrees

Consider Gregg Revell’s situation. Utah resident, valid Utah Concealed Firearm Permit, traveling through Newark Airport to Pennsylvania in 2005. His checked luggage contained a properly secured firearm. When he missed his flight, he collected his luggage and spent the night at a New Jersey hotel. The next morning, returning to the airport to check his handgun for the final leg, he was arrested for illegal possession of a firearm. His valid out-of-state permit provided zero legal protection.

New Jersey maintains some of the strictest gun laws in the country, and the state doesn’t recognize ANY out-of-state carry permits. A gun legally purchased and possessed in Pennsylvania, Florida, or Texas becomes illegal the moment you cross into New Jersey without proper New Jersey permits. That’s not prosecutorial discretion – that’s statute. The shock most defendants experience stems from this counterintuitive reality: “I was legal in my state” means absolutely nothing here. Federal law provides limited protection for transporting firearms through New Jersey under 18 USC 926A – but only if the firearm is unloaded, neither firearm nor ammunition is readily accessible from the passenger compartment, and you’re traveling through New Jersey to another destination. Revell’s overnight stop voided that protection. So does storing your gun in the glove compartment instead of locked in the trunk.

Why does this matter constitutionally? Because law-abiding gun owners exercising Second Amendment rights in their home states become criminals when they misunderstand New Jersey’s byzantine transportation requirements. The Graves Act eliminates judicial discretion, prosecutors wield enormous leverage, and your constitutional right to counsel becomes your only defense against state power that treats honest mistakes as serious crimes.

The Next 90 Days

You’ve been arrested and the firearm seized. Within 48 to 72 hours (excluding holidays), you must appear before a judge for your first appearance. The judge determines bail or pretrial release conditions. Since 2017 criminal justice reforms, most defendants in New Jersey are released on monitoring conditions rather than cash bail – detention is reserved for high-risk cases. You’ll likely be released, but that doesn’t mean the charges disappear.

The critical window opens in the days and weeks following your first appearance: the pre-indictment conference. This is when the prosecutor makes their initial plea offer, and it’s often their best offer. Experienced defense attorneys negotiate for Graves Act waivers during this phase – reducing mandatory no-parole time from 42 months to one year, or securing probation on reduced charges. If you wait until after indictment, leverage shifts to the prosecutor. Prosecutors have 90 days from your arrest date to present evidence to a grand jury. If indicted – and most cases result in indictment – you’re scheduled for arraignment within 14 days. At arraignment, the judge reads the charges, advises you of rights, asks for your plea. After indictment, the state must try or resolve your case within 180 days. The entire process typically takes six to twelve months from arrest to resolution.

The pre-indictment conference represents your window of maximum opportunity. Prosecutors haven’t yet invested resources in grand jury presentation. They’re evaluating whether you’re a dangerous criminal or a law-abiding gun owner who made a mistake. Your attorney’s ability to negotiate alternatives happens now – not after indictment when prosecutors have already committed to prosecution.

Mandatory Prison or Alternatives

The Graves Act imposes mandatory minimum prison sentences for gun offenses, even for first-time offenders. Second-degree unlawful handgun possession carries a five to ten year state prison sentence with a 42-month mandatory minimum before parole eligibility. That’s 3.5 years you must serve before becoming eligible for parole. Fourth-degree offenses carry an 18-month mandatory sentence without possibility of parole.

Without a Graves Act waiver, judges have no discretion. You’re sentenced to mandatory minimums regardless of circumstances, criminal history, or the technical nature of your violation. But Graves waivers exist – and prosecutors have discretion to grant them. A typical Graves waiver plea reduces “five years with 42 months no parole” to “five years with one year no parole,” or probation on reduced charges. That’s the difference between years in state prison and walking free with conditions.

Then there’s Pre-Trial Intervention. PTI is a diversionary program allowing first-time offenders to avoid conviction if they complete program requirements. Successfully complete PTI – typically lasting one to three years with conditions like drug testing and counseling – and the charges are dismissed. No conviction, no prison, no felony record. The problem: second-degree gun charges are generally ineligible for PTI unless the prosecutor consents. Obtaining prosecutor consent is difficult but not impossible. Some defendants accept “plea PTI,” where they plead guilty conditionally to enter the program – if they successfully complete PTI, the guilty plea is vacated and charges dismissed. If they violate PTI terms, the guilty plea stands and sentencing proceeds. A recent Bergen County case illustrates the stakes. Two co-defendants faced gun and drug charges. One received a five-year state prison sentence with one year without parole (with Graves waiver). The other received only a two-year probationary sentence after pleading guilty to a reduced fourth-degree conspiracy charge. Same arrest, vastly different outcomes – based on charge negotiation and defense strategy.

This is where constitutional protections matter most. If police conducted an illegal search – stopping your vehicle without reasonable suspicion, searching your trunk without probable cause – evidence can be suppressed and charges dismissed. Prosecutors know when their cases have Fourth Amendment problems. Aggressive defense counsel challenges illegal searches; prosecutors facing suppression risk become more willing to negotiate Graves waivers or PTI admission.

What to Do Right Now

Remain silent. Anything you say to police can and will be used against you in court. You cannot talk your way out of charges at this stage – police are trained interrogators, and “just explaining” typically produces admissions that hurt your case later. Exercise your right to remain silent and request an attorney immediately.

Hire experienced gun crime defense counsel before the pre-indictment conference. The quality of representation during that initial 30-day window determines whether you face mandatory prison or secure alternatives. Your attorney should be negotiating prosecutor consent for PTI, arguing for Graves Act waivers, and challenging illegal searches if applicable. A public defender may lack the time and resources to aggressively pursue these alternatives during the narrow pre-indictment window. You have roughly 90 days from arrest to indictment. Once indicted, leverage shifts to the prosecutor – they’ve invested resources, committed to charges, and your negotiating position weakens. The pre-indictment phase is when experienced attorneys make the biggest difference.

If offered PTI – even “plea PTI” – seriously consider it. For first-time offenders facing 42-month mandatory minimums, PTI represents your best path to avoiding prison and conviction.

At Spodek Law Group, we’ve defended clients in situations precisely like yours for decades. When Todd Spodek represents defendants facing prosecutorial overreach, we challenge illegal searches aggressively, negotiate Graves waivers with Bergen County prosecutors who know us, and fight for PTI admission when prosecutors would prefer easy convictions. We’re available 24/7 because constitutional rights don’t pause for business hours. The firm has represented clients in high-profile cases where media had already rendered verdicts; we understand defending unpopular clients represents constitutional obligation, not just legal strategy.

The difference between mandatory prison and freedom depends on decisions you make now – not months from now when options have narrowed. Call us immediately at 212-300-5196. The pre-indictment window closes fast.