Hackensack, NJ – Individuals arrested in Hackensack often face critical decisions in the first 24 to 48 hours that can shape the outcome of an entire case. Hackensack criminal defense attorney Adam M. Lustberg of Lustberg Law Offices, LLC has released guidance explaining what happens during a Hackensack arrest, the constitutional rights of the accused, and how New Jersey’s bail and detention system operates.
Understanding Your Rights
According to Hackensack criminal defense attorney Adam M. Lustberg, an arrest may involve the Hackensack Police Department, the Bergen County Jail, the Bergen County Prosecutor’s Office, Hackensack Municipal Court, or Bergen County Superior Court. After booking, which includes fingerprinting, photographing, and the formal entry of charges, a criminal record begins. “Everything recorded during booking, including any statements made, becomes part of the case file,” Lustberg explains. “It is highly recommended that individuals exercise their right to remain silent and request an attorney.”
Lustberg notes that the type of complaint issued after arrest controls whether a person is released with a court date or held for a first appearance. Charges may be filed by complaint-summons, which generally results in release after processing, or complaint-warrant, which can result in a hold while Pretrial Services prepares a risk assessment.
New Jersey’s Pretrial Release Rules
Under New Jersey’s pretrial release rules, the court generally must make a pretrial release decision within 48 hours after an eligible defendant is committed to jail. Lustberg points out that a 2026 rule change allows prosecutors in firearm cases to request additional time for ballistic analysis before a release decision, though that extension cannot exceed seven days.
Lustberg emphasizes the importance of understanding one’s rights from the moment of arrest. “Individuals have the right to remain silent and to request a lawyer before answering questions,” Lustberg advises. “Simply staying quiet isn’t always enough, so it is important to state those wishes clearly.”
Attorney Lustberg explains that New Jersey largely replaced cash bail with a risk-based pretrial system in 2017. Pretrial Services uses the Public Safety Assessment to estimate the risk of failing to appear and the risk of new criminal activity. The judge then considers that assessment, recommendations from Pretrial Services, and information from both sides before deciding whether to release the individual, impose conditions, set monetary bail, or detain the person pending a detention hearing.
Original reporting: KTBS 3 (Shreveport) — read the source article.
