Bergen County Gun Crime Lawyer: What Nobody Tells You About NJ's Mandatory Prison Sentences
Welcome to Spodek Law Group. Our goal is to give you the reality of gun crime charges in Bergen County - not the sanitized version other lawyers present, not the "every case is different" vagueness, but the actual truth about what happens when you face weapons charges in New Jersey. Because if you found this page, something has already gone wrong. You either got arrested, received a summons, or someone you love is sitting in Bergen County Jail right now wondering how a legal gun just became a felony.
Here is the first thing you need to understand: New Jersey is not like other states. That Pennsylvania concealed carry permit you have? Meaningless here. That gun you legally purchased, registered, and safely transported in every other state you have driven through? It just became evidence in a second-degree felony case. And second-degree in New Jersey means one thing under the Graves Act: mandatory prison time. Not possible prison time. Not probation with prison as a backup. Mandatory. As in the judge cannot give you anything else even if they want to.
The Graves Act - and this is the part that shocks every client who walks through our doors - requires a minimum of 42 months in state prison before you become eligible for parole. Thats three and a half years. Not maximum. Minimum. Before you can even ask to be released. And that 42-month figure assumes you somehow get the lowest possible sentence. The typical offer prosecutors make in Bergen County gun cases is 5 years in prison, with 42 months of parole ineligibility. This is not the worst-case scenario. This is the starting point for negotiations.
The 42-Month Trap Nobody Mentions
Let that sink in for a moment. You have never been arrested. You have no criminal record. You legally own a firearm in your home state. And the prosecutors opening offer - their first number on the table - is five years in state prison.
Heres the thing about mandatory minimums that most people dont understand until its too late. The judge has no power here. Under the Graves Act, codified at N.J.S.A. 2C:43-6(c), the court must impose a period of parole ineligibility. Must. The statute removes judicial discretion. So even if the judge looks at your case and thinks this is absurd, even if they recognize your a Pennsylvania resident who made an honest mistake, there hands are tied by law.
What makes this particuarly cruel is that the mandatory minimum for second-degree gun possession - 42 months - is often harsher then what some people serve for violent crimes in other states. You didnt hurt anyone. You didnt threaten anyone. You simply possessed an object that was legal for you to own everywhere except the 50 miles of highway you drove through New Jersey. And now your facing more time then a first-offense DUI driver who actually killed someone in some jurisdictions.
The numbers break down like this: Second-degree unlawful possession of a handgun carries 5 to 10 years in prison. The Graves Act mandates that atleast 42 months of whatever sentence you recieve must be served without parole eligibility. For fourth-degree offenses like certain rifle or shotgun violations, the mandatory minimum drops to 18 months - still prison, still no parole during that period. And if your convicted of first-degree unlawful possession involving multiple handguns without permits, your looking at up to 20 years.
Why Your Out-of-State Permit Means Nothing Here
OK so heres were it gets really frustrating for out-of-state gun owners. You did everything right. You took the safety course. You passed the background check. You got your concealed carry permit from Pennsylvania or wherever you live. You followed every law your state requires. You are, by every reasonable definition, a responsible legal gun owner.
None of that matters in New Jersey.
There is no reciprocity. New Jersey does not recognize concealed carry permits from any other state. Not one. When you crossed that border on I-95 or came through the George Washington Bridge into Bergen County, your legal firearm became contraband. Your permit became worthless paper. And under N.J.S.A. 2C:39-5, you became a felon.
This is not a technicality. This is how the law actually works.
The hidden connection that destroys people is this: the same behavior that keeps you safe and legal in 40+ other states makes you a criminal the second you enter New Jersey. Todd Spodek has seen this pattern hundreds of times. A truck driver from Virginia. A nurse from Connecticut. A retired police officer from Florida. All of them did exactly what there training and there home states told them to do - and all of them faced years in prison because New Jersey operates on completly different rules.
Think about that. The very thing that makes you responsible - disclosing your firearm to police during a traffic stop, as your trained to do in many states - is what gets you arrested in New Jersey. You followed your training. You were honest. And now your facing charges that carry mandatory prison time.
The Prosecutor Controls Your Only Exit
Heres the part nobody talks about, and its the structural trap that makes Bergen County gun cases so difficult to fight.
There is an escape valve built into the Graves Act. Its called a Graves Act Waiver, and it allows a judge to bypass the mandatory minimum sentence. Sounds hopeful right? Heres the kicker: the waiver process is controlled by the prosecutor.
Under N.J.S.A. 2C:43-6.2, the primary way to obtain a waiver is for the county prosecutor or deputy attorney general to file a motion with the assignment judge. The prosecutor - the same person trying to convict you and send you to prison - must voluntarily ask the court to let you avoid prison. Read that again. The person who's job is to put you away has to affirmativley argue that you shouldnt go away.
See the problem?
The structural conflict of interest is baked into the system. Prosecutors build careers on convictions and tough-on-crime stats. They have political ambitions. Gun cases are easy wins because the evidence is usually clear - either you had the gun or you didnt. Why would a prosecutor file a motion that makes them look soft? Why would they help you when helping you provides zero benefit to there career and potential downside with there superiors?
In reality, most prosecutors dont file these motions. They offer you the "typical" plea - 5 years, 42 months parole ineligibility - and call it a day.
Your defense lawyer can file a waiver motion too. But heres were it gets worse. If the prosecutor objects to your defense motion - which they almost always do - the burden becomes nearly impossible to meet. The New Jersey Appellate Division has explicitly called judicial override of a prosecutors waiver denial a "rare instance." The courts themselves acknowledge this basicly never happens.
So your only realistic path to avoiding prison requires convincing the person prosecuting you to argue against there own case. At Spodek Law Group, we've navigated this impossible-seeming situation before - but you need to understand what your actually dealing with.
What "Typical Offer" Actually Means in Bergen County
Lets talk about what happens when you actually walk into the Bergen County Courthouse facing gun charges.
The prosecutor reviews your file. They see second-degree unlawful possession of a handgun. The evidence is clear - the gun was in your car. You admitted it was yours. They make you an offer.
Five years state prison. Forty-two months before parole eligibility.
This is not them being harsh. This is not them punishing you specifically. This is the standard offer. The baseline. What every single defendant facing these charges gets offered as their starting point.
Now heres were most people make a critical mistake. They hear "five years" and think there going to negotiate down to probation. They assume there lawyer will work some magic and get the charges reduced. They beleive the system will recognize that they didnt hurt anyone and let them off with a warning.
That is not how this works.
The Graves Act removes the option of probation. There is no probationary sentence available for Graves Act offenses without a waiver. No diversion program. No suspended sentence. The floor is prison. And the only way through that floor is the waiver that prosecutors rarely grant.
What this means practically is that negotiation in a Bergen County gun case looks very different then negotiation in other types of cases. Your lawyer isnt trying to get you probation - that option doesnt exist without overcoming extraordinary hurdles. Your lawyer is trying to get the prosecutor to agree to the waiver. And if they wont, your lawyer is trying to minimize the sentence within the mandated minimums or find legal grounds to challenge the case entirely.
The Domino Effect of a Traffic Stop
Consider what actualy happens in the first 24 hours of a Bergen County gun arrest. As Todd Spodek explains to clients, its a cascade that moves faster then most people expect.
Your driving through Fort Lee or Hackensack. You get pulled over. Maybe you were speeding. Maybe your tail light was out. The officer approaches your window and asks if theres anything in the vehicle they should know about.
If your from Pennsylvania or another state with disclosure requirements, your training kicks in. "Officer, I want to let you know I have a legally owned firearm in the vehicle. Heres my permit."
In Pennsylvania, that statement would be the responsible thing to do. In New Jersey, you just confessed to a second-degree felony.
The officer asks you to step out of the vehicle. Backup is called. Your firearm is seized. You are placed in handcuffs. Your transported to the police station, processed, fingerprinted, photographed. Within hours, you go from a routine traffic stop to sitting in a holding cell charged with a crime that carries a minimum of 42 months in prison.
The domino effect continues:
You miss work because your in jail. Your employer finds out. For many profesions - healthcare, education, finance, law enforcement - an arrest alone can trigger suspension or termination. You post bail, but the damage is already done.
Then come the consequences you didnt anticipate. Even if your case is ultimatly resolved favorably, the arrest record exists. Background checks show it. Future employers see it. If you have any kind of security clearance or profesional license, your looking at hearings and investigations.
And if the case isnt resolved favorably? If you take the typical offer or lose at trial?
Three and a half years minimum in state prison. Job gone. Career possably over. Relationships strained or broken. Savings depleted by legal fees. And when you finally get out, you have a felony conviction that follows you forever.
All because of a traffic stop.
When Judges Cant Help You (Even If They Want To)
Theres a paradox at the heart of Bergen County gun cases that creates a sense of hopelessness many defendants feel.
The judge sitting on the bench might look at your case and think its unjust. They might see a law-abiding citizen who made an honest mistake. They might recognize that 42 months in prison for possessing a gun you legally owned elsewhere is disproportionate. They might genuinly want to give you probation and send you home.
They cant.
The mandatory minimum sentencing provisions of the Graves Act remove judicial discretion. The statute says "shall" not "may." The judge must impose the mandated sentence unless a waiver is granted - and as we've discussed, waivers require either prosecutor approval or the "rare instance" of judicial override.
This creates a situation were the person with the most power in the courtroom - the judge - actualy has the least flexibility in these cases. The prosecutor holds the keys. Defense counsel can argue and advocate. But the judge is constrained by statute to deliver a sentence they might personally find excessive.
What this means for you as a defendant is that courtroom sympathy wont save you. A compelling story wont save you. A judge who clearly believes you dont deserve prison wont save you. The only thing that can save you is either getting the prosecutor to agree to a waiver, finding legal grounds to suppress evidence or dismiss charges, or winning at trial - which has its own risks given the clear-cut nature of most gun possession evidence.
This is why lawyer selection matters so much in Bergen County gun cases. Your not looking for someone who can tell a sympathetic story. Your looking for someone who understands the technical mechanics of the waiver process, who has relationships with prosecutors that might make a waiver motion more likely, who knows how to challenge the legality of a stop or search, who can identify constitutional issues that might get evidence suppressed.
What Happens In The First 48 Hours
If your reading this right now because you or someone you love was just arrested in Bergen County for a gun offense, heres what you need to know about the immediate timeline.
The first 48 hours are critical, not because of any magical deadline, but because decisions made early often determine the trajectory of the entire case. What you say to police, whether you consent to searches, how you handle the initial court appearance - all of these moments create the evidentiary record your case will be built on.
Heres what happens and what you should do:
At Arrest: Invoke your right to remain silent. You have already been arrested - talking more can only hurt you. Many people try to explain themselves out of the situation. "I didnt know it was illegal." "I have a permit from Pennsylvania." Every word you say becomes part of the police report and can be used against you. Be polite but clear: "I am invoking my right to remain silent and I want a lawyer."
At Processing: You will be fingerprinted, photographed, and your information entered into the system. This is routine. What matters is what happens next with bail.
Initial Appearance: Within 48 hours, you'll appear before a judge for an initial hearing. Bail will be addressed. For out-of-state defendants especialy, the risk of flight can make bail more complicated. Having counsel at this stage - even if its temporary counsel before you retain someone permanantly - is important.
The Investigation Continues: While your out on bail, the state is building its case. Your gun is being processed as evidence. Statements you made are being documented. This is when having defense counsel matters most - to begin building your response before the case solidifies against you.
At Spodek Law Group, we've handled hundreds of these cases in Bergen County and across New Jersey. We understand that the standard playbook - hope for prosecutorial mercy, accept the typical offer - often isnt good enough. We look for the legal weaknesses in the states case. We fight for waivers when theres a realistic path. And when necessary, we prepare for trial.
The clock started when you learned about this. Maybe that was the moment of arrest. Maybe that was when you got the call that a family member was in custody. Either way, time matters.
The next 48 hours determine how the next several years of your life will unfold. Call us at 212-300-5196.
The Reality of Fighting Back
Look, we can sit here and explain the law all day. But what you actually want to know is: can I beat this?
The honest answer is: it depends on the specifics of your case.
Some cases have clear constitutional issues - an illegal stop, an improper search, a Miranda violation. When those issues exist, we fight to suppress the evidence. Without the gun in evidence, there is no gun case.
Some cases have strong waiver potential - true first-time offenders with compelling circumstances, out-of-state residents covered by the 2014 AG Directive, situations were the defendant poses no actual public safety risk. When waiver is realistic, we pursue it aggresively.
Some cases are weaker factually then they appear. Maybe the gun wasnt actually in your possession. Maybe there are questions about who owned it or who had access to it. Possession in legal terms is more nuanced then "it was in my car."
And some cases, honestly, are difficult. The evidence is clear. The law applies. There are no constitutional violations. In those situations, we work to minimize damage - negotiate the best possible sentence, preserve your ability to rebuild your life afterward, fight for every advantage within the constraints of the system.
What we wont do is pretend the system is fair. It isnt. The Graves Act was designed to be harsh, and it accomplishes that goal. Out-of-state gun owners are particuarly vulnerable because the same behavior that makes them responsible elsewhere makes them criminals here.
But understanding the system - really understanding it, with all its structural traps and counter-intuitive rules - is the first step to navigating it. Thats what Spodek Law Group provides: clarity about what your actually facing and a strategy built on reality, not false hope.
They've been building their case since the moment you were arrested. Now its time to build yours.
212-300-5196. The call costs nothing. Not calling could cost everything.
