Author Archives: Tonacchio Law, LLC

Two great trial victories for our firm this month

At my firm, we are trial lawyers.  Its a lot of fun but it is also very stressful because we actually care about our clients (unlike some attorneys I know).  Thus, if I were to lose a trial, I would be very upset.  This month featured two trials for our firm and we got great results for both of them.

The first was my case.  My client was charged with possession of a handgun without a permit, possession of hollow nose bullets and resisting arrest.  It was a tough case as the resisting arrest charge made it look like he was guilty of the handgun charge.  However, I was able to show that the police did literally no investigation.  A rookie cop saw a black man with a gun and decided that it was case closed. 

I first picked a great jury that was eager to hear the “other side of the story” and I worked that into the theme of my case.  My client was well prepped for trial and he did a great job even though he has some learning and memory issues.  I was able to break things down for him so he could understand, process and remember key points. 

The tough part of the case came from the jury instructions.  The way NJ is set up, possession of a handgun is almost a strict liability crime.  If you pick up a gun for any reason, even to prevent injury to someone else, you can be found guilty of a crime that will land you in prison for five years regardless of who you are. 

In the end, the jury got confused on this issue.  My client was acquitted on the bullets and resisting charge and the jury hung on the handgun charge.  Now the State’s case got incredibly weaker, I am hopeful that we can work this out and keep a great guy out of prison.

The other case was even tougher.  The client was facing major cocaine distribution charges in addition to minor marijuana charges.  The marijuana charge wasn’t really at issue as the coke charge was the main focus since that charge would have landed him in prison for decades. 

The police allege that our client ditched the coke in the police car after he was arrested.  The arresting officer alleges that he checked the car regularly even though there was no policy that directed him to do so.  However, a mere three days after this case, such a policy was instituted.  Hmm, wonder why that was?  Thus, the trial turned on whether or not the jury bought the cop’s story.

In the end, skillful cross examination convinced the jury that the police were full of it when they returned a not-guilty verdict on the cocaine charges after just a few short hours of deliberations.

In the past five years, our firm has tried many cases with almost all of them ending in either a total acquittal, hung jury or an otherwise great verdict.  This has added to the firm’s impressive success rate that has been built up over 30 years.

Lobster thief gets four years in prison

This is a wierd case for many reasons.  Anthony Jones has previously admitted he took frozen lobsters from Bally’s Atlantic City and tried to sneak them out in his jacket and backpack.  He was stopped by casino security and later arrested.  A few months ago, he pleaded guilty to burglary.  Today, he was sentenced to four years in prison.  The lobsters were worth $1,275.

I can only assume that he had a prior record since four years is pretty crazy for this type of offense.  In addition, I assume that he didn’t hire an attorney as this should have never even been indicted.  You get it busted down to Atlantic City municipal court, pay the casino for the lobsters, pay a fine  and move on with your life.  Just don’t see four years for this at all.

Story is here.

Howell man charged with sexually assaulting 13 year old girl

Viktor Zhadanov, 26, of Howell was charged with sexually assaulting a 13-year-old Morris County girl he met in an online kids’ chat room, after police found him alone with her in his SUV at 1 a.m. 

The girl allegedly reported that she had previously met Zhadanov on another occasion when she  performed a sex act on him.   They allegedly met in a kids’ online chat room where he used the name Slave and claimed to be 15 years old and from Newark.

Zhadanov gave a statement and told police that he drove from his home in Howell to meet the girl on a few occasions but he denied knowing her age or that he engaged in any sexual activity with her.  However, there is no indication as to how he claims met her.   

This case will likely turn on whether or not the State can prove the computer evidence.  If they can’t, the entire case will turn on the girl’s credibility.  You kind of have to wonder about a 13 year old girl that is allowed to go out at 1am and what type of family she comes from.  Thus, he may have a decent shot here.

Story is here.

Crisis counselor charged with sexual assault of 4 children

Jerry Jones, a crisis intervention counselor who works for the Union County Division of Youth Services was arrested on charges of sexual assault involving four children.  The children range in age from 6 to 14 years old.  He is charged with three counts of first-degree aggravated sexual assault, one count of second-degree sexual assault and one count of second-degree endangering the welfare of a minor.

The  investigation began after a boy told his parents that Jones had assaulted him and a further investigation revealed additional victims.  This sounds like a real tough case as it is really four cases.  Thus, to win, a defense attorney would have to win all four cases.  The State has to just win one in order to put him away for a long time.

His best bet is to work out a deal and to work it out sooner rather than later.  With his older age, you want to stay away from anything that could be a de facto life sentence. 

Story is here.

Man charged with sexually assaulting 10 year old in New Brunswick

Jeffrey Hagood, of Commercial Avenue in New Brunswick has been charged with aggravated sexual assault, sexual assault, and endangering the welfare of a child in connection with his alleged assault off a 10 year old girl.  There is no indication as to how he knew this girl, but my guess is that she was the daughter of a girlfriend or other friend that was staying with him.

The case started with an anonymous tip to DYFS and he was eventually arrested.  Again, my guess is that he made a statement where he admitted to the assault.  Otherwise, these cases are tough to prosecute without a statement.

Story is here.

670 pot plants seized from alleged pot farm

Eric Defelice was arrested and charged with first-degree maintaining and operating a controlled dangerous production facility.  The farm allegedly  used hydroponics techniques and was located inside a single-family dwelling at 110 N. 10th St.

Police allege that he operation seems to have been running fora few years because of the equipment that was found at the home. That consisted of hydroponics equipment, transformers, high-voltage lights, a self-contained exhaust ventilation system and an air purification unit and fan.

This is a tough case as it would be tough to take this case to trial. It is hard to argue that you didn’t notice 670 marijuana plants in your house and that someone else must have put them there.  You also can’t say that these are for your own use.  I’m sure the police had a search warrant and those are rarely easy to attack. 

I would want to know more about his life and whether he was a big pot guy or whether he was living an expensive lifestyle.  I’ve had cases like this before and have had great success at focusing more on the character of the client than the facts of the case. 

Story is here.

One bad search: Low cost dwi attorney nj

I always like to check my web stats and see how people got to my blogs.  However, I was a little concerned today when I saw this search result: “low cost dwi attorney nj”.   First of all, I have no idea how that search term pulled up this blog.  Second, I  am not a low cost anything attorney. 

This is just my opinion and I’m not going to beat a dead horse here but I have to at least say it once.  Trying to cut costs on attorneys could really lead to very bad results.  I know, I see it all the time.  I think most people know this but to many people are just so concerned with saving money when it comes to lawyers that they think they can get something for nothing.

If you didn’t already know, lawyers are expensive!  But look at  it this way, if you had to get surgery that could save your life or improve your health, would you go with a guy in a back alley for $500 or a guy in a nice hospital for $5000?  For whatever reason, some people don’t make this connection when it comes to lawyers. 

Here is another way to think about it.  Look at all of the people that hire decent attorneys.  Are they all nuts?  If they were able to make the money in the first place, they probably know what they are doing. 

Now don’t get me wrong, spending more money doesn’t always equate to great results.  I just met with a couple who spent a ton of money on a celebrity attorney that didn’t seem to do much for them.  I would have charged them about an 8th of what this guy charged and I could have probably got a better result. 

I’ve met with so many people that wasted their money with cheap attorneys.  The saying “I wish I would have hired you first” is heard often.  But this is not about me or my firm.  Its about getting a good attorney and getting what you pay for.  If the attorney you meet with is a little more than another attorney, make sure you are getting some value.

Here is another quick example.  When I go to a court, I usually have only one file.  Other attorneys have 10 and they are running around like crazy.  Do you honestly think that the attorney with those 10 files can give the proper attention to all 10 files or is my client better off because he has my complete undivided attention?

New firm website

Check out our new firm website at www.tomsriverattorney.net

I am still ironing out a few bugs on the site so please excuse any errors that may exist.

8 men arrested in 1,000 pill a week prescription drug ring bust

Frank J. Stillo Jr. of Pohatcong Township, was charged with being the leader of a narcotics trafficking ring and conspiracy to distribute Oxycontin and other controlled dangerous substances. His bail is set at $200,000 bail.

His two sons and five others were charged with conspiracy to distribute a controlled dangerous substances.  Those arrested are Jonathan W. Stillo,   Brandon M. Stillo,  Anthony Giammona, Ronald P. Richie, Richard Faranda,  Alexander E. Johnson  and Daniel Moore.

Authorities said that Frank Stillo would obtain Oxycontin and other prescription drugs in Essex County and distribute them in Warren County to people who would in turn distribute the drugs to others.  They allege that about 1,000 pills a week were being purchased and distributed, ranging in size from 10 to 80 milligram pills and in price from $10 to $65 a pill.  The arrests capped a more than three-month undercover drug operation.

Story is here.

20-year-old from Marlboro charged with 15 drug-related crimes for allegedly using teenage girls to sell marijuana

Michael Lobianco, of Marlboro, is being held in lieu of $320,000 bail after his arrest on Saturday. Police allege that two girls, 15 and 16, conducted a series of transactions in Keansburg involving marijuana purchased by Lobianco for distribution. 

He is charged with two counts of using a juvenile to distribute a controlled dangerous substance, two counts of endangering the welfare of a child, two counts of conspiracy, two counts of possession with the intent to distribute and seven counts of possession with intent to distribute within 1,000 feet of a public building, park or school.  In other words, he is facing a ton of problems.

There are no other details of the incident, but I would like to know more about this case.  How did the police link these girls to him?  Do these girls have any credibility?  There are a number of defenses here depending on the evidence.  Either the State has some good evidence or they have a few hunches. 

Story is here.