Author Archives: Tonacchio Law, LLC
Possession of gamma hydroxybutyrate (GHB), 2C:35-10.2
In New Jersey drug crimes are common, but serious. The attorneys you select to fight for you may be the difference between a great outcome and disaster. Our team of tough, smart attorneys have a long track record of getting great results for our clients. Regardless of the specific drug charge, circumstances or the location of the court, our New Jersey CDS attorneys will fight for you to achieve the results you want for you and your family!
2C:35-10.2 Possession, etc. of gamma hydroxybutyrate; penalties
a. It is a crime of the third degree for any person, knowingly or purposely, to obtain, or to possess, gamma hydroxybutyrate unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.).
From Newark to Trenton, Jersey City to Atlantic City, our CDS Possession and Drug Distribution defense lawyers will fight for you in any court in New Jersey. With eight offices in New Jersey, our team of tough, smart criminal defense lawyers are easy to reach from anywhere in New Jersey. Call us today to begin the fight against your charges!
Manufacturing, distribution of flunitrazepam, 2C:35-5.3
In New Jersey drug crimes are common, but serious. The attorneys you select to fight for you may be the difference between a great outcome and disaster. Our team of tough, smart attorneys have a long track record of getting great results for our clients. Regardless of the specific drug charge, circumstances or the location of the court, our New Jersey CDS attorneys will fight for you to achieve the results you want for you and your family!
2C:35-5.3 Manufacturing, etc. flunitrazepam
a. Except as authorized by P.L.1970, c.226 (C.24:21-1 et seq.), it is unlawful for any person knowingly or purposely to manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense flunitrazepam.
b. A person who violates subsection a. of this section with respect to flunitrazepam in a quantity of one gram or more is guilty of a crime of the first degree and, notwithstanding the provisions of N.J.S.2C:43-3 or any other law, a fine of up to $250,000.00 may be imposed upon the person.
c. A person who violates subsection a. of this section with respect to flunitrazepam in a quantity of less than one gram is guilty of a crime of the second degree and, notwithstanding the provisions of N.J.S.2C:43-3 or any other law, a fine of up to $150,000.00 may be imposed upon the person.
From Newark to Trenton, Jersey City to Atlantic City, our CDS Possession and Drug Distribution defense lawyers will fight for you in any court in New Jersey. With eight offices in New Jersey, our team of tough, smart criminal defense lawyers are easy to reach from anywhere in New Jersey. Call us today to begin the fight against your charges!
Manufacturing gamma hydroxybutyrate (GHB), 2C:35-5.2
In New Jersey drug crimes are common, but serious. The attorneys you select to fight for you may be the difference between a great outcome and disaster. Our team of tough, smart attorneys have a long track record of getting great results for our clients. Regardless of the specific drug charge, circumstances or the location of the court, our New Jersey CDS attorneys will fight for you to achieve the results you want for you and your family!
2C:35-5.2 Manufacturing, etc. gamma hydroxybutyrate
a. Except as authorized by P.L.1970, c.226 (C.24:21-1 et seq.), it shall be a crime of the second degree for any person knowingly or purposely to manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense gamma hydroxybutyrate. b. Notwithstanding the provisions of N.J.S.2C:43-3 or any other law, a fine of up to $150,000.00 may be imposed upon a person who violates this section.
From Newark to Trenton, Jersey City to Atlantic City, our CDS Possession and Drug Distribution defense lawyers will fight for you in any court in New Jersey. With eight offices in New Jersey, our team of tough, smart criminal defense lawyers are easy to reach from anywhere in New Jersey. Call us today to begin the fight against your charges!
Booby traps in manufacturing or distribution facilities, 2C:35-4.1
In New Jersey drug crimes are common, but serious. The attorneys you select to fight for you may be the difference between a great outcome and disaster. Our team of tough, smart attorneys have a long track record of getting great results for our clients. Regardless of the specific drug charge, circumstances or the location of the court, our New Jersey CDS attorneys will fight for you to achieve the results you want for you and your family!
2C:35-4.1 Booby traps in manufacturing or distribution facilities
b. Any person who knowingly assembles, maintains, places or causes to be placed a booby trap on property used for the manufacture, distribution, dispensing, or possession or control with intent to manufacture, distribute or dispense, controlled dangerous substances in violation of this chapter shall be guilty of a crime of the second degree. If the booby trap causes bodily injury to any person, the defendant shall be guilty of a crime of the first degree. It shall not be a defense that the device was inoperable or was not actually triggered, or that its existence or location was known to a law enforcement officer or another person.
c. Any person who fortifies or maintains in a fortified condition a structure for the manufacture, distribution, dispensing or possession or control with intent to manufacture, distribute or dispense, controlled dangerous substances, or who violates section 3, 4, 5, 6 or 7 of chapter 35 in a structure which he owns, leases, occupies or controls, and which has been fortified, is guilty of a crime of the third degree.
From Newark to Trenton, Jersey City to Atlantic City, our CDS Possession and Drug Distribution defense lawyers will fight for you in any court in New Jersey. With eight offices in New Jersey, our team of tough, smart criminal defense lawyers are easy to reach from anywhere in New Jersey. Call us today to begin the fight against your charges!
Operating a controlled dangerous substance production facility, 2C:35-4
In New Jersey drug crimes are common, but serious. The attorneys you select to fight for you may be the difference between a great outcome and disaster. Our team of tough, smart attorneys have a long track record of getting great results for our clients. Regardless of the specific drug charge, circumstances or the location of the court, our New Jersey CDS attorneys will fight for you to achieve the results you want for you and your family!
2C:35-4. Maintaining or operating a controlled dangerous substance production facility
Except as authorized by P.L.1970, c.226, any person who knowingly maintains or operates any premises, place or facility used for the manufacture of methamphetamine, lysergic acid diethylamide, phencyclidine, gamma hydroxybutyrate, flunitrazepam, marijuana in an amount greater than five pounds or ten plants or any substance listed in Schedule I or II, or the analog of any such substance, or any person who knowingly aids, promotes, finances or otherwise participates in the maintenance or operations of such premises, place or facility, is guilty of a crime of the first degree and shall, except as provided in N.J.S.2C:35-12, be sentenced to a term of imprisonment which shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, during which the defendant shall be ineligible for parole.
From Newark to Trenton, Jersey City to Atlantic City, our CDS Possession and Drug Distribution defense lawyers will fight for you in any court in New Jersey. With eight offices in New Jersey, our team of tough, smart criminal defense lawyers are easy to reach from anywhere in New Jersey. Call us today to begin the fight against your charges!
Leader of Narcotics Trafficking Network, 2C:35-3
In New Jersey drug crimes are common, but serious. The attorneys you select to fight for you may be the difference between a great outcome and disaster. Our team of tough, smart attorneys have a long track record of getting great results for our clients. Regardless of the specific drug charge, circumstances or the location of the court, our New Jersey CDS attorneys will fight for you to achieve the results you want for you and your family!
2C:35-3. Leader of Narcotics Trafficking Network. As used in this section: “Financier” means a person who, with the intent to derive a profit, provides money or credit or other thing of value in order to purchase a controlled dangerous substance or an immediate precursor, or otherwise to finance the operations of a drug trafficking network. A person is a leader of a narcotics trafficking network if he conspires with two or more other persons in a scheme or course of conduct to unlawfully manufacture, distribute, dispense, bring into or transport in this State methamphetamine, lysergic acid diethylamide, phencyclidine, gamma hydroxybutyrate, flunitrazepam or any controlled dangerous substance classified in Schedule I or II, or any controlled substance analog thereof as a financier, or as an organizer, supervisor or manager of at least one other
person. Leader of narcotics trafficking network is a crime of the first degree and upon conviction thereof, except as may be provided by N.J.S.2C:35-12, a person shall be sentenced to an ordinary term of life imprisonment during which the person must serve 25 years before being eligible for parole.
From Newark to Trenton, Jersey City to Atlantic City, our CDS Possession and Drug Distribution defense lawyers will fight for you in any court in New Jersey. With eight offices in New Jersey, our team of tough, smart criminal defense lawyers are easy to reach from anywhere in New Jersey. Call us today to begin the fight against your charges!
Judge rules gang expert and prosecutor can testify in barbershop murder trial part two
I’ve cross examined a sitting judge before but never a prosecutor. In Ocean County, Judge Daniels has ruled that a State gang expert and the prosecutor for the first barbershop murder case can testify at the second trial. Normally, I would love to cross examine a prosecutor but knowing this prosecutor personally, I doubt that the defense is going to trip him up at all. All I have to say to the defense attorneys in this case is good luck.
James Russell, Jamell Scott, Lee Reeves and Trishawn Cochran, all reputed members of the Bloods street gang, will be on trial for the alleged murder of Athelma Vazquez and the attempted murders of her teenage daughter and her daughter’s boyfriend, Christian Vivar Granados. Granados was the state’s only witness to implicate Russell, Scott and a third man, Tyleek Baker of Manchester, in the murder of Jose Francisco Olivares.
Olivares shot and killed at the Man, Woman and Child barbershop in Lakewood on Feb. 7, 2006. Russell, Scott and Baker have already been convicted of his murder.
Story is here.
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.
Tonacchio Law LC 