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.
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.
Tonacchio Law LC 