A Millstone Man was Charged in a Child Prostitution Scheme after Monmouth County Police Discovered he had Engaged in Relations with a Minor

A Millstone man was arrested by Monmouth County investigators after allegedly taking part in child prostitution. The man faces charges of second-degree sexual assault and third-degree endangering the welfare of a minor in connection with having sex with the 15-year-old boy. The man was accused of having sex with the boy at his Millstone residence. He was arrested at his home by State Police, and released after posting $250,000 full bail. Because of the age of the victim, the accused in this case faces significant criminal penalties.

If convicted, the defendant would likely be forced to register under Megan’s Law as a child sex offender. In New Jersey, Megan’s law sex offender registry requires convicted sex offenders to provide information to local police about what they look like, where they live, type of car they drive and their past crimes so the police can be aware of their presence. Police then distribute this information based on the prescribed offender level of the registrant to appropriate community officials. The higher the level of offender (one through three with three being the highest tier), the more notice will be provided to the community including local school officials and potentially neighbors within a two block radius. Importantly, this information must be distributed by police according to certain procedures so as not to violate the registrant’s rights to privacy. Once on Megan’s List, it is possible to be designated a reduced tier over time through status conferences with county prosecutors. Good behavior over a prolonged period of time as well as compliance with counseling and other programs often help offenders in reducing their Megan’s Law tier designations. After a prolonged period of time, it is even possible to be removed from Megan’s Law completely.
I, Anthony N. Palumbo, a New Jersey Criminal Defense Lawyer, understand the workings of the law and can properly defend accused persons in sexual assault offenses as well as those who
have been convicted of solicitation of a prostitute. Visit my website, www.palumho-renaud.com for more information. I have been defending individuals against sexual assault charges, including those involving minors, in New Jersey for almost four decades. As a longstanding member of the legal community, a former prosecutor, and a current public defender, I can give you an honest assessment of the penalties you face and the best possible avenues of relief.

If you would like to discuss your case, freely and confidentially, with an experienced attorney at no obligation, contact me at 908-337-7353 for a free consultation.

Monmouth County man denied new trial in statutory rape case

The New Jersey Appellate Division ruled in August that a Monmouth County man who was convicted of third degree endangering the welfare of a child was not entitled to a new trial. Although the defendant argued that several comments made by the prosecutor and witnesses were prejudicial and denied him a fair trial, the court held that the trial judge alleviated any prejudice by giving appropriate instructions to the jury to disregard the statements.

 

The defendant in this case was accused of having consensual sex with a 15 year old girl, and while he lost his bid for a new trial on the charges of third degree child endangerment, he was found not guilty the charges of second degree sexual assault. Third degree endangering the welfare of a child, which carries a penalty of 3 to 5 years in prison, applies broadly to instances where a person engages in sexual activities with a child under the age of 16. Second degree sexual assault, a more serious charge usually applied to instances of non-consensual sexual penetration, is punishable by 5 to 10 years in prison.

 

If you’ve been accused of a sex crime in New Jersey, contact a lawyer immediately to discuss your case and the chances for having your charges reduced or dismissed. A skilled criminal defense lawyer will help you understand the complexities of the trial process and fight for your right to a fair trial throughout the ordeal.

If you have any questions call me at 908-272-9700 or email anplaw@yahoo.com

Atlantic County sex offender charged with sex assault after lewd behavior at girls’ lemonade stand

Earlier this month,CBS New York reported a 79 year old convicted sex offender was charged with sexual assault when he repeatedly rubbed his groin after buying lemonade from a group of girls, all of whom were under the age of 14. The man left the lemonade stand when another adult approached, but police identified him as city resident Alan Easterbgy based on descriptions provided by the girls. Easterbgy was already listed in the state’s sex offender registry as a Tier 2 offender, based on a child endangerment conviction he received in 2002 for taking inappropriate pictures of two young girls in Cape May County. Following the incident at the lemonade stand, he was arrested at his home and charged with three counts of sexual assault as well as parole violations. He was then taken to the Atlantic County Jail, where bail was set for $200,000.

Under New Jersey law, a person is guilty of sexual assault if he commits an act of sexual contact with a victim who is less than 13 years old and he is at least four years older than the victim. N.J.S.A. § 2C:14-2. The definition of “sexual contact” includes situations, as in this case, where the offender intentionally touches himself for the purpose of sexual gratification and the touching is in view of the victim. “Sexual contact” also occurs when an offender intentionally touches his victim, either for the purpose of degrading or humiliating the victim or for his own sexual arousal, although this type of contact does not seem to have taken place at the lemonade stand. N.J.S.A. § 2C:14-1(c). Sexual assault is a second degree crime, but for second and subsequent sexual assault convictions, the mandatory sentence is five years in prison with no eligibility for parole. N.J.S.A. §§ 2C:14-2, 2C:14-6.

According to the news report, Easterbgy was also charged with violating the terms his parole. Under the New Jersey Corrections Law, parole violations result in immediate remedial counseling, and serious violations trigger a review of the parolee’s case. The review must include a formal assessment of the parolee’s risk to public safety and current rehabilitative needs. It is intended to help determine the appropriate response, which must be proportional to the parolee’s risk to the community, the severity of the violation, and the potential for long-term positive outcomes. Possible responses include adjusting the parolee’s reporting status, imposing special conditions to reduce the likelihood of unacceptable behavior, or requiring completion of a treatment or electronic monitoring program. If these options are inadequate and the parolee poses a public safety danger, parole revocation proceedings may also be initiated. N.J.S.A. § 10A:72-2.4.

 

Man Convicted of Attempted Sexual Assault in Newark, Essex County

A Newark Man was convicted after he attempted to lure an Undercover Cop he thought was a 12 Year Old Girl.

Local News reports a Newark man was convicted in Essex County of attempted sexual assault with who he thought was a 12-year-old girl he lured on the Internet and who he drove to meet at a Woodland Park store parking lot.  The Nigerian native was found guilty of luring, attempted sexual assault and attempted child endangerment by a jury. He faces as much as 30 years in state prison.

Because of the nature of the conviction, the man in this case will likely have to register as a sex offender under Megan’s Law in New Jersey. An attempt to commit sexual assault of a child under 16 will place a convicted individual on Megan’s law if the conduct was characterized by a pattern of repetitive, compulsive behavior.  Here, the circumstances indicate such a pattern of behavior through defendant’s repetitive use of the internet to solicit.

In New Jersey, Megan’s law sex offender registry requires convicted sex offenders to provide information to the local community about what they look like, where they live, their past crimes, and even the vehicle they drive so the community can be aware of their presence.  Offenders are designated tiers based on the severity of their actions.  A person may be ranked as Tier 1 (low risk), Tier 2 (moderate risk), or Tier 3 (high risk offender).  The risk assessment refers to the likelihood that the individual will commit another similar crime.  An experienced Essex County Sex Crime Defense Attorney can fight for the rights of a convicted individual to help lower their tier designation at status conference meetings.

A skilled defense attorney can help reduce one’s Megan’s Law sex offender tier designation.  I, Anthony N. Palumbo, a New Jersey Criminal Defense Lawyer, understand the workings of the law and can properly defend accused persons in sexual assault offenses as well as those who have been convicted.  Visit my website, for more information on New Jersey Crimes Against Children Lawyer. I have been defending individuals against sexual assault charges, including those involving minors, in New Jersey for almost four decades.  As a longstanding member of the legal community, a former prosecutor, and a current public defender, I can give you an honest assessment of the penalties you face and the best possible avenues of relief.  If you would like to discuss your case, freely and confidentially, with an experienced attorney at no obligation, contact me at 1-866-664-8118 for a free consultation.

Sexual Assault Charges in Middletown, Monmouth County

An Ex-Dean of a Middletown Highschool was charged with Sexual Assault in Monmouth County after Having Relations with a Former Student.

New Jersey news reports the former dean of students at Middletown’s Mater Dei Prep, who was also an English teacher and boys’ soccer coach there, is accused of sexually assaulting a then-16-year-old female student in Monmouth County.  The teacher, 28, who is an alum of the same school was arrested Tuesday and faces charges of second-degree sexual assault and fourth-degree criminal sexual contact.  The student allegedly assaulted has since graduated and is now 18-years old.  The accused is being held in jail without the option to post 10 percent of a $125,000 bail.

Criminal Sexual Contact is a distinguishable offense in New Jersey sex crimes law.  Under N.J.C.A. 2C:14-3, an actor is guilty of criminal sexual contact if he commits an act of sexual contact with the victim and an additional circumstance proscribed by law exists.  In this case, the secondary circumstance is that “the victim is at least 16 but less than 18-years-old and the actor had supervisory or disciplinary power of any nature or in any capacity over the victim.  Because of the teacher/student relationship, the accused is considered to have a supervisory power over the victim.  As such, if the allegations are true, the teacher was properly charged under the law.

If convicted, the teacher faces severe criminal penalties.  Because of the second degree sexual assault charge, he could receive up to twenty years in prison if the criminal sexual contact charge is run concurrently at sentencing.  As such, it would greatly benefit an individual accused of these types of crimes to seek out a skilled criminal defense attorney.

Call 908-337-7353 for a free consultation today.

 

A Highland Park Man was Charged with Sexually Assaulting Two Girls in Middlesex County

A Highland Park man previously charged with improperly touching a student at his martial arts school now faces charges of sexually assaulting two 15-year-old girls.  The man, who was also a New Brunswick teacher, surrendered to Highland Park police was charged with two counts each of aggravated criminal sexual contact and endangering the welfare of the two girls in Middlesex County.

Aggravated sexual assault is charged under N.J.S.A. 2C:14-2.  In the current matter, the defendant as charged with two counts of this crime.  If convicted, he could potentially face consecutive terms resulting in a prolonged period of incarceration.

New Jersey criminal procedure permits judges at sentencing for two separate offenses to impose incarceration to be served concurrently or consecutively.  In the event that a judge elects the terms to be served concurrently, then defendant will serve both jail terms during the same time.  For example, if a Judge sentences defendant to three years the first sexual assault and three years for the second to be served concurrently, then the defendant serves only three years of jail time.  However, if the Judge imposes the sentence consecutively then defendant would have to serve six years.

A skilled defense attorney can help reduce one’s sentence and potentially have them run concurrently.  I, Anthony N. Palumbo, a Middlesex County New Jersey Sex Crime Defense Attorney, understand the workings of the law and can properly defend accused persons in sexual assault offenses as well as those who have been convicted.  Visit my website for more information.  I have been defending individuals against sexual assault charges, including those involving minors, in New Jersey for almost four decades.

New Jersey Solicitation of a Minor | Monmouth County, Red Bank Attorney

Solicitation of a minor is a crime that is commonly initiated over the internet and can carry serious penalties if a conviction results.  In New Jersey, solicitation of a minor is the same crime as luring or child enticement. These are just different names for the same criminal act.  A person will be guilty of solicitation of a minor in New Jersey if he attempts by any means to lure someone he reasonably believes to be a child into a car or other isolated area with the intent to commit a criminal offense against the child.  A person cannot be convicted of this crime for merely conversing with a child over the internet.  A more substantial step must be taken in order to determine the defendant’s intent to commit an offense against the child.   Additionally, the intent must exist once the meeting occurs.  If an adult simply meets a child for coffee or for some other non-criminal reason, it is also not a crime under this statute.

The penalties for solicitation of a minor are severe and are even more severe if the defendant has been previously convicted of the crime.  A first offense is a second-degree crime that carries 5 to 10 years in prison.  A second offense is also a second-degree crime, however a second offense carries requires that the defendant remain ineligible for parole for one-third to one-half of the sentence imposed.  Therefore a sentence of 9 years would require the defendant to serve three to four and one-half years before becoming eligible for parole.