Monthly Archives: August 2009
Ocean County, NJ Restaurant Owner Cleared of Criminal Sexual Contact Charges
My client, G.S. is the owner of a popular Ocean County, New Jersey restaurant. After firing a young waitress for causing problems with a customer, she called the police and charged my client with numerous criminal sexual contact charges that allegedly took place over a period of months. Thus, not only was my client facing serious felony charges but if this case made the local paper, his restaurant business could have gone under.
Luckily, my client called me early. Thus, I was able to hit the ground running as I always do in these cases. When I first met with the client, I developed a plan and put that into action right away. If he was indicted, the case would have become rather high profile which could force a trial due to the public pressure on the State. As a result, I had to get the prosecutor to dismiss the felony charges before indictment..
These charges are clearly bogus and thankfully, the prosecutor agreed. Thus, the felony charges were dismissed within weeks which is lightning fast in Ocean County. However, there were numerous assault and other charges that remained at the municipal court level.
Because these charges were so baseless, I made a motion to dismiss at the first court appearance. That motion was granted at the second court appearance which was today. Thus, my client has no criminal record, his name and more importantly, the name of his restaurant were not in the paper and he can resume his normal life. Needless to say, my client was very thankful and he assured me that he will be sending a lot of people my way.
8 arrested in massage parlor raid
This just sounds like a real BS case and I think most of these are. On Friday, police raided Authentic Healing, a massage parlor on Route 36 in Keyport. Money and records were seized during the raid. Three women were arrested in the afternoon: Shakia Hawkins, 27 of Carson Avenue, Perth Amboy; Carolonia Gutierrez, 26, of 26th Street North Bergen; Patricia Desouza, 23 of Summer Village Court, Newark.
It seems like the police hung around and waited to see who showed up as five men were arrested that night: Ronald Denig, 34, of Bordentown Avenue, South Amboy; Kurt Scaduto, 27, of Central Avenue, Brick; Martin Brown, 42, of Martinsville; Anthony Trabachino, 23, of Cliffwood Avenue, Aberdeen; and Alex Disaccia, 52, or Royal Oaks Drive, Toms River.
Everyone was charged in engaging in prostitution which I have a big problem with. Where is the evidence to support this charge? Hawkins was also charged with possession of marijuana and ecstasy. The three women were associated with owner, Sandra Espinosa, 34, of Park Avenue in West New York, and Pallisades Avenue in Garfield. Charges are pending against Espinosa which could mean big trouble for her as she owns other parlors throughout the state.
Everyone associated with this case needs a good attorney today as the charges are serious but from my experience with these types of cases, a good attorney should be able to blow them out of the water pretty quickly.
Underage gambling charges in Atlantic City, New Jersey: bet on the prosecutor
As a defense attorney, I always look for a way to win for my client. A hopeless case is rare as there is almost always something that can be done. When it comes to underage gambling charges in Atlantic City, that’s not really the case. Each year, some 400 to 500 people are charged with underage gambling. Over the last few years, the prosecutor has only lost one case. Why?
Because the cases are probably the easiest cases to prosecute. The State needs to show that the defendant is under 21 which is rather easy to do for just about anyone as they generally show ID when arrested and/or admit to security that they are not 21. Then, the State needs to show that the defendant was gambling. Not only do you have the testimony of the security person but there is almost always a camera. Result = slam dunk case for the State.
I have raised a number of arguments including awareness of the law itself based upon lack of signage and the failure to publish the crime in New Jersey’s criminal code a.k.a. Title 2C. These arguments and just about every single argument any lawyer has ever made has been and will be shut down. Why? I’m not about to get myself in trouble but let me tell you this. Casinos get fined a ton of money if it is found that they are permitting underage people to gamble. So put two and two together.
So why not plea bargain the case down? First, why would they for such an easy case? Second, due to a number of factors, including an issue involving a high profile case from a few years ago, there are no plea bargains where they will dismiss the charge in exchange for a non-criminal offense.
Your options? The statute is ripe for appeal as it has never been challenged. However, unless you have tens of thousands of dollars to appeal the case all the way up to the Appellate Division (not to mention a few years) your only option is try to keep the penalties down to a minimum. Those penalties include a driver’s license suspension even though underage gambling has nothing to do with driving. Unlike suspensions for drug crimes, there is no hardship application to be made which is yet another issue ripe for appeal.
A lawyer can help get the minimums as I have done for many clients. Even better, if you are an out of state resident, a lawyer can appear on your behalf so that you don’t have to travel all the way back to New Jersey. Even better, since the court is efficient and I have done so many of these, it is rather easy for me to get in and out of court. There is also no guess work as to what needs to be done. The result is that I can keep my fee down so that it is not expensive to get a lawyer to walk you through the process and help you get the minimum penalties.
Call me today to discuss any of this further.
Old Bridge man charged with training and selling fight birds
The state Society for the Prevention of Cruelty to Animals has charged Orphilio Chaviano of Old Bridge with 114 counts of animal cruelty for allegedly possessing, training and selling fight birds. The NJSPCA says that they believe Chaviano was getting the birds from outside the United States and was shipping them out of the country.
Old Bridge is a middle-class town and you don’t see this type of activity there. These crimes typically happen in either urban areas or rural areas such as south-west NJ.
Charges upgraded to aggravated manslaughter after victim of March crash dies
These cases are tough. Unlike other violent cases, you can’t blame the victim. However, your own client is rarely a horrible person. However, one stupid night can change the lives of many. Even worse, the dividing line between aggravated manslaughter and vehicular homicide are unclear. However, the difference in terms of sentencing is huge.
In this case, Clifford Cooley, Brandon Bullock, and David Colvin, all from Rahway were charged in connection with a March 23rd crash that injured Nicholas Phan-Tran of Edison. Phan-Tran was in a coma since the accident and died last week. As a result, the charges were upgraded.
The story is here.
Man avoids prison in Shaken Baby Syndrome case
My client, Abdul K., was facing numerous charges that could have landed him in prison for 10 years. This was a tough case because the injuries to the child were complex and the family did not have any money for serious litigation. Thus, I had to move quick to get the best possible result. Not only did I move quick, but I earned praise from the prosecutor for doing so. I worked out a deal for a 3 flat, which I thought was an amazing deal.
Because I was going to be on trial, I gave the case to my associate, Jennifer Marshall to finish. As no one in my firm just mails it in, she reviewed the updated medical records which seriously called into question the extent of the damage that the client may have caused. As a result, Jennifer convinced the prosecutor to rework the plea so that the client was sentenced to time served; just 37 days and just amazing when you consider the lack of money that was available to litigate this case. We did all of this without filing one motion.
Six domestic violence cases dismissed in four weeks
My firm handles a lot of domestic violence. It is a complex area of the law and in my opinion, there are too many lawyers in New Jersey that don’t fully understand how to handle these cases. Instead, they just wing it like every other case that often leads to some horrible results. While we win a large number of our cases, we have secured six wins in four weeks.
There are three type of domestic violence cases: restraining orders, violations of restraining orders and criminal charges such as assault and harassment. Among the six cases, we had two of each.
Two clients had temporary restraining orders against and both were dismissed before they were made final. Needless to say, both clients are very thankful that they do not have to deal with a final restraining order which can be life altering, especially if children are involved. I (Jef Henninger) handled both cases.
Two clients were also facing assault charges. One client was facing charges for assaulting his sister and the other was accused of assaulting his wife. The client with the charges pressed by his wife has a great job that would have been in jeopardy if convicted. I (Jef Henninger) handled both of these cases.
Two other clients were facing contempt charges for violating final restraining orders. (they did not hire me for the final restraining order hearing, although they now wish they did). Both clients were alleged to have called the victim. When I asked for the phone records, both prosecutors expressed surprise that I would want something like that! It took quite a while to work these cases out as a result.
In the first case, the State refused to provide us with the records and since the case was getting old, it was dismissed. In the second case, I had actually got the case dismissed first in Newark Municipal Court as it was filed improperly. After it was refiled, I fought against it again. Like the other case, I pressed for the phone records. When I got to court for the second court appearance, I met the prosecutor in the elevator. She took the case over from another prosecutor. By the time I got to the 9th floor, she agreed to dismiss the case against my client. I handled the first case, but my associate Jennifer Marshall finished it for me.
While every case is different, you can clearly see that my firm has a track record of aggressive litigation that produces results. If you want an attorney that will fight for you, give me a call today.
Rare human trafficking indictment may land man in prison for decades
As a defense attorney, I love a tough case but this is something else. Allen Brown’s attorney has to size this case up sooner rather than later. That’ll be difficult to do as I am sure the discovery is massive. However, you need to sit down with your client and ask him to be up front with you and cut out the BS. At least some of the other guys will flip, but since some are related, the chances of them going down swinging is high.
One bone the State could throw Allen is to go easy on the rest of his family if they plea out as well. With so many charges, everyone has to get creative on how this deal can be sold to all parties involved.
TRENTON – Attorney General Anne Milgram announced the indictment today of an alleged pimp who is charged with running a human trafficking and prostitution ring in Jersey City in which scores of women were induced to use heroin and cocaine and were beaten if they did not turn a daily quota of tricks.
According to Division of Criminal Justice Director Deborah L. Gramiccioni, the leader of the ring, Allen Brown, a.k.a. “Prince,” 47, of Jersey City, was indicted by a state grand jury on first-degree charges of racketeering, human trafficking and money laundering, as well as numerous second- and third-degree charges, including conspiracy, promoting prostitution, criminal coercion, theft by extortion, failure to pay taxes, and drug and weapons offenses.
The first-degree human trafficking charge alone carries a sentence of 20 years to life in state prison. The charges resulted from “Operation Red Light,” an investigation by the Division of Criminal Justice Gangs & Organized Crime Bureau and the Jersey City Police Department.
“This is a shocking case of human trafficking,” said Attorney General Milgram. “We charge that Allen Brown enslaved vulnerable young women in a living hell of addiction and prostitution, controlling them with narcotics, threats and beatings. We will prosecute him to the full extent of the law.”
For nearly two decades, Brown allegedly ran prostitution rings in Jersey City, coercing scores of women to prostitute for him. Through the years, Brown allegedly had residences that served as “stables” in a number of locations in Jersey City, bringing women to the stables from other cities. He brought women from cities including Camden, Atlantic City, Elizabeth, Newark and Philadelphia. His last stable was 18 Lyon Court in Jersey City, an upscale condo development on Newark Bay in the Society Hill section of the city.
Once the women went with Brown, he allegedly would take away their cell phones and any form of identification they possessed. A number of the locations where they were housed allegedly had reverse locks on them that could not be unlocked from the inside without a key. Only a select few had a key. The others would be locked in until it was time to work again. None of the women were allowed to go anywhere alone or without permission.
It is alleged that the women forced to prostitute for Brown were given heroin and cocaine so Brown could control them and exploit their addiction. They were driven to “tracks” – motels or streets in Jersey City and sometimes locations in other cities – where they were expected to make a certain amount of money each night turning tricks to cover their daily drug debt and provide a profit for Brown. If they did not make the daily quota, ranging from $500-$1,000, they were allegedly refused drugs, beaten or denied entry into the house until the money was made.
“Human trafficking takes a devastating toll on its victims,” said Director Gramiccioni. “We urge anyone with information about suspected human trafficking to call our hotline at 1-877-986-7534. We will continue to make investigating and prosecuting these crimes a priority.”
“The arrest and subsequent indictment of Allen Brown is another example of the positive results achieved when law enforcement agencies join forces,” said Jersey City Police Chief Thomas Comey. “This collaborative effort resulted in the rescue of vulnerable individuals from what basically is a life of involuntary servitude. This case shows that prostitution is not a victimless crime. I am pleased the Division of Criminal Justice chose to work with the Jersey City Police Department and look forward to a successful prosecution.”
Brown allegedly collected all money and ordered subordinates to secure and control the women. On July 28, the woman who acted as boss or “bottom” over the women for Brown pleaded guilty to first-degree racketeering. Annie Cooper, a.k.a. “China,” 40, of Jersey City, pleaded guilty before Superior Court Judge Kevin G. Callahan in Hudson County. Under the plea agreement, the state will recommend that she be sentenced to five to 10 years in state prison.
Cooper was tasked with enforcing the house rules Brown established and disciplining the women for breaking the rules. If Cooper refused to enforce the rules, she allegedly would face physical violence at the hands of Brown. Cooper would discipline the women for not bringing home the daily quota of money they were required to make, sometimes kicking them and beating them with her fists and household objects. Cooper handed out heroin and cocaine to the women or withheld drugs if they did not meet demands.
The enterprise also consisted of subordinates who were responsible for transporting the women to work as prostitutes, obtaining narcotics for the women, maintaining the household and vehicles, and securing the women. These individuals allegedly included, among others, three men who were indicted today: Anthony Evans, 51, of Jersey City; Brown’s nephew, Arthur Brown, 37, of Jersey City; and Jerome Robinson, 30, of Newark.
Over the years, Allen Brown allegedly made hundreds of thousands of dollars, which he used to furnish his home, purchase jewelry, buy vehicles, and purchase drugs. The ring also included individuals who allegedly laundered the proceeds of the criminal activities through various financial transactions. Frequently Allen Brown used family members and friends to act as the legitimate holder of vehicle titles, real property leases, cash and other property that he paid for with criminal proceeds. Those people included Prince’s mother, Tecora P. Brown, 72, of Bayonne; his niece, Tecora L. Brown, 35, of Jersey City; and Marlo Taylor, 39, of Newark. They are also named in the indictment. Robinson also is charged with money laundering.
It is charged that Allen Brown specifically used his mother’s bank account to launder almost $500,000 he extorted from one his victims. This victim received an inheritance from her family estate and turned it over to Brown after he allegedly made threats against her and her family.
Brown, Cooper and Evans were arrested on Sept. 12, 2008, when detectives from the Division of Criminal Justice and Jersey City Police executed a search warrant at 18 Lyon Court. Arthur Brown was also charged that day. Allen Brown, Evans and Cooper are being held in the Hudson County Jail with bail for each set at $325,000. Arthur Brown is in state prison on other charges. The remaining defendants will be ordered to appear in court at a later date to answer the charges.
Deputy Attorney General Annmarie Taggart and Supervising Deputy Attorney General Lauren Scarpa Yfantis presented the case to the state grand jury.
The investigation was conducted and coordinated for the Division of Criminal Justice by Detective Noelle Holl, Taggart, Yfantis and the Gangs & Organized Crime Bureau North Squad. They worked cooperatively with the Jersey City Police Department. The investigation was conducted for the Jersey City Police Department by Capt. Gary Lallo and the Special Investigation Unit. Attorney General Milgram also thanked Detective Mike Kurinzi of the Elizabeth Police Department for his valuable assistance.
The indictment was handed up to Superior Court Judge Linda R. Feinberg in Mercer County, who assigned the case to Hudson County.
First-degree crimes carry a maximum sentence of 20 years in prison and a $200,000 fine, while second-degree crimes carry a maximum sentence of 10 years in prison and a $150,000 fine. Third-degree crimes carry a maximum sentence of five years in prison and a $15,000 fine. The first-degree money laundering charge carries an enhanced penalty of $500,000.
The indictment is merely an accusation and the defendants are presumed innocent until proven guilty. A copy of the indictment is linked to this release at http://www.njpublicsafety.com.
The State has seized the following vehicles that allegedly were purchased with criminal proceeds:
• 1999 Dae Woo, registered to Tecora P. Brown;
• 1994 Cadillac DeVille, registered to Marlo Taylor;
• 2004 Hummer, H2, registered to Tecora P. Brown; and
• 1981 Rolls Royce, registered to Marlo Taylor.
The defendants were charged in the indictment as follows:
Allen Brown a.k.a. Prince
• Racketeering. First Degree.
• Conspiracy to Commit Human Trafficking and Promote Prostitution. Second Degree.
• Human Trafficking. First Degree.
• Promoting Prostitution. Third Degree.
• Criminal Coercion. Third Degree.
• Conspiracy to commit money laundering, promote prostitution and theft by extortion. First Degree.
• Money Laundering, First Degree.
• Theft by Extortion, Second Degree.
• Conspiracy to commit money laundering and promote prostitution. Third Degree.
• Money Laundering. Third Degree.
• Possession of a Weapon and Controlled Dangerous Substances, Second Degree.
• Possession of a Weapon for an Unlawful Purpose. Third Degree.
• Possession of CDS with the Intent to Distribute. Third Degree.
• Possession of CDS. Third Degree.
• Failure to file State Taxes. Third Degree
• Failure to Pay Gross Income Tax. Third Degree.Arthur Brown
• Racketeering. First Degree
• Conspiracy to Commit Human Trafficking and Promote Prostitution. Second Degree.
• Promoting Prostitution. Third Degree.Tecora Brown
• Racketeering, First Degree
• Promoting Prostitution. Third Degree.
• Conspiracy to commit money laundering, promote prostitution and theft by extortion. First Degree.
• Money Laundering. First Degree.
• Theft by Extortion. Second Degree.
• Failure to file State Taxes. Third Degree
• Failure to Pay Gross Income Tax. Third Degree.Marlo Taylor
• Racketeering. First Degree
• Promoting Prostitution. Third Degree.
• Conspiracy to commit money laundering and promote prostitution. Third Degree.
• Money Laundering, Third Degree.Tecora L. Brown
• Racketeering, First Degree
• Promoting Prostitution. Third Degree.
• Conspiracy to commit money laundering and promote prostitution. Third Degree.
• Money Laundering. Third Degree.Jerome Robinson
• Racketeering. First Degree
• Promoting Prostitution. Third Degree.
• Conspiracy to commit money laundering and promote prostitution. Third Degree.
• Money Laundering. Third Degree.Anthony Evans
• Racketeering. First Degree.
• Conspiracy to commit Human Trafficking and Promote Prostitution. Second Degree.
• Promoting Prostitution. Third Degree.
Case dismissed in an elevator
Regardless of what happens over the course of my career, I’ll never forget this case. Really great client hires me for a violation of a restraining order (contempt) charge and a harassment charge out of Newark (Essex County). The case was first in Newark Municipal Court. Somehow, the person who wrote up the complaint, did not realize that Newark Municipal Court does not have jurisdiction to hear a contempt charge. Thus, on the first day of court, I got the case dismissed for lack of jurisdiction.
That victory was short lived as the victim refiled the case properly and the case was scheduled to be heard in Essex County Superior Court. The prosecutor called me and offered me probation if my guy pleas to the contempt charge. Of course, that’s not much of a deal at all but most attorneys would just take that crap. Otherwise, he would not have offered it in the first place.
I explained that the only deal I could accept is a dismissal of the contempt in exchange to a plea to the harassment charge. The purpose of that is to avoid the mandatory 30 days in jail that comes with a second contempt charge. In other words, if my guy plea out to the contempt charge now, I could keep him out of jail. But if picks up another contempt charge at any other time, the best plea offer will be 30 days in jail; and he could face up to 180.
The prosecutor explained that they never give such a deal and that he would have to get special permission to do this which was highly unlikely to be granted. He called me back a few days later and told me that I had the deal.
I should probably back up for a second and tell you about the first real battle in this case. The allegations in this case involve my guy calling his ex-girlfriend on her cell phone and her former employer. So naturally, I want the victim’s cell phone records. Most prosecutors tell me that I am crazy and that they don’t order the phone records in these cases. Again, this goes to show you the high quality representation that is out there, huh? So, I force him to get the records and a few days later I have the deal I just told you about even thought I never actually got the records.
So, we go to court to put the deal through. The judge actually kicks out the deal as she says that what my guy did was actually not harassment which is just amazing. While I agree with her, most judges are not that, uh (gotta be careful here) um, specific?. Anyway, she sets it down for trial a few weeks later which was yesterday.
In between the two dates, I filed a motion in limine which is a fancy way of saying that I am asking the court to exclude evidence. In this case, I was seeking to have all evidence and testimony about my guy’s calling of her employer kept out of the trial since the court had already held that it did not violate any laws.
As I got to court, I met the prosecutor in the elevator. She recognized me from her days as a law clerk in another county. I had a case where I battled the presiding criminal judge for two months who told me that I could not file a motion to suppress on behalf of my client who wasn’t even arrested. Of course you can but I was apparently the only attorney in that county to ever do so. Thus, she knew my reputation and that I was not going to sell out my guy.
In the short elevator ride up to the ninth floor she advised me that she read my motion and I told her that with that testimony excluded her case would collapse becuase even though I still did not have the victim’s cell phone records, I had my client’s records and I knew that the victim’s records would show that my guy is innocent. Thus, she advised that the case would be dismissed so that my motion was moot. Another prosecutor that was with her was shocked that I accomplished all that in a short elevator ride. In fact, she came out of court about a half hour later and again remarked that she was shocked that I got a case dismissed in an elevator.
I kept it a secret from my guy and the look on his face when the prosecutor told the judge that the case was dismissed was just priceless. I thanked the prosecutor for her professionalism because it is unfortunately rare these days. Just another day at the office for me.
Tonacchio Law LC 