Our client was charged with Lewdness, Endangering the Welfare of a Child and Theft in Passaic County. This was another one of those fun cases that make you happy to be a defense lawyer. It helps that the client and his family were nice people – oh yeah, and the client was getting completely railroaded! The client was performing some work in the home of the alleged victim. After he left with his co-worker, the home owner called the police to report an Ipad missing. Due to a lack of discovery, it is impossible to determine what exactly transpired next but at some point, a picture of a penis was found on a digital camera. The camera may have belonged to the home owner’s daughter but that remains unclear. Regardless, the possible connection between the camera and the daughter led to the endangering the welfare of a child charge. Although there is no indication that the co-worker implicated my client, my client was arrested after the police spoke to the co-worker. The co-worker was never arrested.
The client swore up and down that it wasn’t him but I was unable to determine why the client was charged and the co-worker was not. It took us quite some time to get the discovery from the State but we eventually did before the client was indicted. Obtaining pre-indictment discovery is always important and it is often overlooked by defense lawyers in New Jersey. The discovery raised more questions and answered none. There was absolutely no evidence against my client! I mean none, zero, zilch. In fact, there was no discovery about much of anything. Luckily, I was dealing with a great prosecutor. I explained to her that she didn’t have a case against my client or anyone. As a result, I was able to get all of the felony charges dismissed.