Author Archives: Tonacchio Law, LLC

Hindering Apprehension or Prosecution, 2C:29-3

 

Hindering Apprehension or Prosecution, 2C:29-3
 a. A person commits an offense if, with purpose to hinder the detention, apprehension, investigation, prosecution, conviction or punishment of another for an offense or violation of Title 39 of the New Jersey Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes he:

 (1) Harbors or conceals the other;

 (2) Provides or aids in providing a weapon, money, transportation, disguise or other means of avoiding discovery or apprehension or effecting escape;

 (3) Suppresses, by way of concealment or destruction, any evidence of the crime, or tampers with a witness, informant, document or other source of information, regardless of its admissibility in evidence, which might aid in the discovery or apprehension of such person or in the lodging of a charge against him;

 (4) Warns the other of impending discovery or apprehension, except that this paragraph does not apply to a warning given in connection with an effort to bring another into compliance with law;

 (5) Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of such person or in the lodging of a charge against him;

 (6) Aids such person to protect or expeditiously profit from an advantage derived from such crime; or

 (7) Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16).

 The offense is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against the person aided would constitute a crime of the second degree or greater, unless the actor is a spouse, parent or child of the person aided, in which case the offense is a crime of the fourth degree.  The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense.

 b. A person commits an offense if, with purpose to hinder his own detention, apprehension, investigation, prosecution, conviction or punishment for an offense or violation of Title 39 of the New Jersey Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes, he:

 (1) Suppresses, by way of concealment or destruction, any evidence of the crime or tampers with a document or other source of information, regardless of its admissibility in evidence, which might aid in his discovery or apprehension or in the lodging of a charge against him; or

 (2) Prevents or obstructs by means of force or intimidation anyone from performing an act which might aid in his discovery or apprehension or in the lodging of a charge against him; or
 (3) Prevents or obstructs by means of force, intimidation or deception any witness or informant from providing testimony or information, regardless of its admissibility, which might aid in his discovery or apprehension or in the lodging of a charge against him; or

 (4) Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16).

 The offense is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against him would constitute a crime of the second degree or greater.  The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense.

 With 10 offices throughout New Jersey, our team of tough, smart attorneys are easy to reach. We can represent you in any Federal, State or Municipal court in New Jersey. Our initial consultations are always free. For effective, aggressive representation, call us today.

Eluding officer, 2C:29-2b

Eluding officer, 2C:29-2b
 b. Any person, while operating a motor vehicle on any street or highway in this State or any vessel, as defined pursuant to section 2 of P.L.1995, c.401 (C.12:7-71), on the waters of this State, who knowingly flees or attempts to elude any police or law enforcement officer after having received any signal from such officer to bring the vehicle or vessel to a full stop commits a crime of the third degree; except that, a person is guilty of a crime of the second degree if the flight or attempt to elude creates a risk of death or injury to any person.  For purposes of this subsection, there shall be a permissive inference that the flight or attempt to elude creates a risk of death or injury to any person if the person’s conduct involves a violation of chapter 4 of Title 39 or chapter 7 of Title 12 of the Revised Statutes.  In addition to the penalty prescribed under this subsection or any other section of law, the court shall order the suspension of that person’s driver’s license, or privilege to operate a vessel, whichever is appropriate, for a period of not less than six months or more than two years.

Resisting arrest, 2C:29-2a

New Jersey Resisting Arrest Lawyer, 2C:29-2a

Resisting arrest, 2C:29-2a 
a. (1) Except as provided in paragraph (3), a  person is guilty of a disorderly persons offense if he purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest. (2) Except as provided in paragraph (3), a person is guilty of a crime of the fourth degree if he, by flight, purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest.  (3) An offense under paragraph (1) or (2) of subsection a. is a crime of the third degree if the person:

 (a) Uses or threatens to use physical force or violence against the law enforcement officer or another; or

 (b) Uses any other means to create a substantial risk of causing physical injury to the public servant or another.

 It is not a defense to a prosecution under this subsection that the law enforcement officer was acting unlawfully in making the arrest, provided he was acting under color of his official authority and provided the law enforcement officer announces his intention to arrest prior to the resistance.

 With 10 offices throughout New Jersey, our team of tough, smart attorneys are easy to reach. We can represent you in any Federal, State or Municipal court in New Jersey. Our initial consultations are always free. For effective, aggressive representation, call us today at 732-773-2768.

Obstruction, 2C:29-1

Obstructiong Administration of Law or Other Governmental Function, 2C:29-1  (Obstruction)
 a.  A person commits an offense if he purposely obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from lawfully performing an official function by means of flight, intimidation, force, violence, or physical interference or obstacle, or by means of any independently unlawful act. This section does not apply to failure to perform a legal duty other than an official duty, or any other means of avoiding compliance with law without affirmative interference with governmental functions.

 b. An offense under this section is a crime of the fourth degree if the actor obstructs the detection or investigation of a crime or the prosecution of a person for a crime, otherwise it is a disorderly persons offense.

With 10 offices throughout New Jersey, our team of tough, smart attorneys are easy to reach. We can represent you in any Federal, State or Municipal court in New Jersey. Our initial consultations are always free. For effective, aggressive representation, call us today.

Jackson firefighter charged with sexually assaulting children

John Wes Ackley, of Andover Road, Jackson, also an employee of the Board of Fire Commissioners of Fire District 4  has been charged with aggravated sexual assault and sexual assault, each of a child, possession of child pornography on his computer and on a data flash drive, and endangering the welfare of a child.  These incidents are alleged to have occurred over a 15 month time span.

Ackley was charged after being questioned by the office of the Ocean County Prosecutor’s Office which is code for (in my opinion) he confessed.  He was subsequently suspended from his job.  Even if he did not confess, the alleged child porn in this case is going to make it real tough for the defense as it will be used to show that the child porn was used to make the child more comfortable with the alleged abuse.  Thus, the credibility of the victim will be strengthened. 

This is the type of case where the defense should act very quickly to try to end this case and get the best result possible.  While I have had people charged with the same offenses and have kept them out of prison, it is not easy to do.   Of course, if there is a defense here, it should be pursued to trial.  Story is here.

Jersey City official for alleged online chats with young children

Joseph Ambrosio an assistant comptroller for Jersey City who resides in Wall, has been arrested for allegedly chatting with law enforcement who were posing as young girls in an online chat room.  He was charged with one count of Attempted Sexual Assault, a crime of the second degree; 6 counts of Attempted Endangering the Welfare of a Child, crimes of the third degree, and one count of Attempted Criminal Sexual Contact, a crime of the fourth degree.

Based upon these charges, it is safe to bet that there were at least six different chats and that one of them got very heated due to the second degree charge. 

This was a broad investigation that was conducted by the Passaic County Sheriff’s Department, Passaic County Prosecutor’s Office, Bergen County Prosecutor’s Office, and the Morris County Prosecutor’s Office.  The Burlington County Prosecutor’s Office, Hudson County Prosecutor’s Office, Monmouth County Prosecutor’s Office, Bayonne Police Department and the Jersey City Police Department also provided assistance.

If convicted, he is looking at 5 to 10 years in prison with no hope of avoiding prison.  However, I have been able to keep my clients out of prison/jail by working out these case early.

These cases often turn on whether or not the face (or other body part) of the defendant was shown via a webcam or images that were taken specifically for the would-be young girl.  If there is nothing other than text, then there is some room to argue that it was someone else.  Otherwise, that defense goes out the window.  Since almost all of these cases involve some type of video/image evidence, these cases almost never go to trial.

If this guy gets a good attorney right away, staying out of prison is possible.  If you have been charged with this or any other crime, call me to discuss.  Story is here.

Retired NYPD cop and two sons charged in Barnegat with drug possession

Barnegat Police raided the house of retired New York City police officer Salvatore Costa.  Costa, and his sons Guiseppe and Salvatore were all arrested.  Inside, police allegedly found unknown quantities of steroids,  cocaine, marijuana, oxycodone and other drug paraphernalia.  An undisclosed amount of cash and two handguns that were properly registered were also seized. 

Salvatore Costa Sr is charged with two third-degree counts of drug possession, as well as possession of paraphernalia and a hypodermic syringe.  I’d like to know why he is not charged with intent to distribute.  It could really impact the case moving forward.

Salvatore Costa Jr is charged with two counts of third-degree drug possession, third-degree drug possession with the intent to distribute, third-degree drug distribution and fourth-degree evidence tampering as well as possession of drug paraphernalia. 

 Guiseppe Costa is charged with third-degree drug possession, third-degree drug possession with the intent to distribute, possession of paraphernalia and possession of under 50 grams of marijuana.

Family co-defendant cases are always interesting since you know that no one is going to flip on the others.  Thus, everyone usually moves together.  I know it looks bad for this family, but if they get good attorneys, it should turn out good for them.  I’ve done much better with worse.  Story is here.

Steroids, guns and cash allegedly found at the home of Salvatore Costa, 48, when police raided his home on Sterling Lane in Barnegat on Wednesday.

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Ex-cop cannot be prosecuted for sex with cow

Imagine being this guy’s lawyer?  Former Moorestown police officer Robert Melia Jr. was charged last year with sexually assaulting three girls.  During the investigation, police allegedly found a video in his house that showed him sexually molesting cows in 2006.  There is no indication as to who held the camera.

Judge James Morley in Burlington dismissed the charges on Wednesday holding that the State did not present enough evidence to jurors that his alleged actions tormented the animals on a Southampton farm.  However, Judge Morley made clear that he doesn’t think the alleged action is OK.

The case mooves (sorry, couldn’t help it) on with Melia and former girlfriend Heather Lewis still charged with molesting the three girls.

Story is here.

Union City High School teacher is charged with sexual contact with student

Gabriel Vasquez, a physical education teacher from Union City High School was charged with criminal sexual contact with a 16-year-old female student in his home.  Vasquez, 28 of North Bergen, was also charged with endangering the welfare of a child and official misconduct.  Since he was not charged with sexual assault, he is not alleged to have had sexual intercourse with the student. 

Vasquez is also an assistant football and lacrosse coach.  The victim’s mother contacted school officials after finding out about alleged crimes that occurred this month.  The school then noified the Union City police.  Oddly enough, the official misconduct charges may be the most serious charges that he faces.  My guess is that he will get a union attorney who will quickly plea him out to at the most, a 3 flat, but more likely probation with a small jail term.

Story is here.