Convictions for prostitution were not a single “crime spree” eligible for expungement, court holds

Criminal convictions can be expunged in New Jersey after a period of 10 years, but only for offenders who have no prior or subsequent convictions. In limited circumstances, an offender may be able to prove that multiple convictions were so closely related to each other that they form a single event for purposes of expungement, but this was not the case in a recent Appellate Division opinion denying expungement for two prosecution offenses. In re Expungement of the Crim. Records of C.A.D. (Jul. 18, 2013).

 

The petitioner in this case owned and operated two massage parlors that were fronts for prostitution. Middlesex County authorities arrested him in 2002 in connection with one of the massage parlors and charged him with various prostitution offenses. Two months later similar charges were filed against him in a separate indictment in Bergen County, where the second massage parlor was located. He eventually pled guilty to one count of fourth degree maintaining a nuisance in each case and after serving his probation he filed an expungement petition for both convictions in Middlesex County. Hoping to avoid the restriction on multiple convictions, he contended that his convictions were part of a common “crime spree” and should be treated as a single event for expungement.

 

The court rejected the petitioner’s “crime spree” argument and denied his request for expungement, concluding that he had been convicted of two separate offenses and failed to prove otherwise. As the court noted, the petitioner’s crimes occurred in different counties and resulted in different criminal indictments; they simply could not be considered truly simultaneous under the totality of the facts.

 

If you’re facing sex crimes charges in Middlesex County and have questions about the possible penalties and legal consequences, or if you have an existing sex crimes conviction that you’d like to get expunged, call the Law Offices of Palumbo & Renaud at 908-337-7353.

Police arrest two men for prostitution at Monmouth County hotel

Two men were arrested for prostitution earlier this month after allegedly engaging in sexual acts at a Tinton Falls hotel for $200. They were charged with engaging in prostitution, which is a disorderly persons offense, and with promoting prostitution, a third degree crime.

 

Prostitution is defined in New Jersey as “sexual activity with another person in exchange for something of economic value, or the offer or acceptance of an offer to engage in sexual activity in exchange for something of economic value.” Engaging in prostitution is generally a disorderly persons offense, which carries a penalty of up to 6 months in jail, but for second and subsequent offenses the charge is increased to a fourth degree crime, which  is punishable by up to 18 months in jail.

 

Third degree promoting prostitution, as charged in this case, is punishable by a sentence of 3 to 5 years in prison. The offense includes:

  • owning, controlling, managing, supervising or otherwise keeping a house of prostitution or a prostitution business;
  • procuring an inmate for a house of prostitution or procuring a place in a house of prostitution for one who would be an inmate; or
  • encouraging, inducing, or otherwise purposely causing another to become or remain a prostitute.

 

Other types of promoting prostitution, such as soliciting a person to patronize a prostitute or procuring a prostitute for a patron, are fourth degree crimes punishable by up to 18 months in jail.

 

Woman arrested for prostitution at Monmouth County motel

An Asbury Park woman was arrested for prostitution at a Monmouth County motel, according to an article in the Asbury Park Press. The woman, who has several other outstanding warrants, was taken into custody at the Monmouth County Jail after failing to post bail.

 

Prostitution is defined in New Jersey as “sexual activity with another person in exchange for something of economic value, or the offer or acceptance of an offer to engage in sexual activity in exchange for something of economic value.” Soliciting someone to engage in prostitution is generally a fourth degree crime, punishable by up to 18 months in prison, but soliciting a person under the age of 18 is a third degree crime and carries a penalty of 3 to 5 years in prison.

 

If you’ve been charged with a sex crime in Monmouth County or anywhere else in New Jersey, you need an experienced defense lawyer who will press every legal advantage and fight for your rights throughout the entire judicial process. Don’t wait until it’s too late to fight your charges—consult with an attorney as soon as possible. I am Anthony N. Palumbo, New Jersey Criminal Defense Attorney, and to learn what I can do to eliminate your charges or reduce your fines, contact me for a free and confidential consultation through the email form on my website or at 1-866-664-8118.

 

Ocean County corrections officer leaves job after being charged with prostitution

According to the Asbury Park Press, an Ocean County corrections officer left his post after being administratively charged with “conduct unbecoming an officer” for allegedly meeting with a prostitute at a Toms River hotel. Although he wasn’t officially charged with any crimes, the corrections officer could have lost his job because the prostitute he allegedly met with was formerly incarcerated in the prison where he worked, and corrections officers are prohibited from fraternizing with current or former inmates.

 

Prostitution is defined in New Jersey as “sexual activity with another person in exchange for something of economic value, or the offer or acceptance of an offer to engage in sexual activity in exchange for something of economic value.” Soliciting someone to engage in prostitution is generally a fourth degree crime, punishable by up to 18 months in prison, but charges involving minors can result in more severe penalties.

 

The mere accusation that a person has engaged in prostitution can be enough to destroy that person’s reputation forever, and as this case shows, it can also result in disciplinary and other non-criminal charges that could result in employment termination or the loss of other benefits.

 

If you’ve been accused of prostitution or any other sex crime in New Jersey, you can contact me, Anthony N. Palumbo, New Jersey Criminal Defense Attorney, through the email form on my website or at 1-866-664-8118. As a criminal defense lawyer with extensive experience defending people accused of sex crimes, I can speak to you confidently and accurately about the criminal and administrative penalties you might be facing. And even if you decide not to retain my services, the consultation is free and confidential, so you can get answers to your most private questions.

 

Ocean County man charged in underage prostitution case

A 64 year old Toms River man became the fourth man to be arrested in an underage prostitution scheme earlier this month. The suspect was detained on $175,000 bail and charged with child endangerment and engaging in prostitution with a minor.

 

The offense of endangering the welfare of a child applies when an actor engages in a prohibited sexual act with a child who is less than 16 years old. “Prohibited sexual acts” include not just sexual penetration, but also bestiality, sadism, masochism, oral sex, and the possession, creation, or distribution of child pornography. The severity of child endangerment charges varies depending on the underlying offense, ranging from fourth degree criminal charges for viewing or possessing child pornography to first degree criminal charges for parents who photograph or film their children engaging in prohibited sexual acts. In a case such as this one, involving child prostitution, the actor would likely be charged with child endangerment in the third degree, which is punishable by 3 to 5 years imprisonment.

 

Engaging in prostitution with a minor is also third degree crime, and the law specifies that it’s no defense if the actor mistakenly believed that the child was 18 years or older, even if his mistaken belief was reasonable.

 

In addition to prison time and possible fines, a person convicted of the charges raised in this news story would also be required to register as a sex offender under New Jersey’s Megan’s Law.

 

Sex crimes involving minors are some of the most stigmatizing offenses in criminal law, and the mere accusation that a person has committed a crime against children can be enough to destroy his family and career forever. But even if you’ve been charged with a sex crime against a child, you may have legal defenses available to you, and you should consult with an experienced sex crimes defense lawyer as soon as possible to discuss whether your charges could be reduced or even dismissed.

 

If you need a New Jersey Sex Crime Defense Lawyer, you can contact me, Anthony N. Palumbo, through the email form on my website www.palumbo-renaud.com or at 1-866-664-8118 for a free and confidential consultation. As a New Jersey Criminal Defense Attorney with extensive experience defending people accused of sex offenses and crimes against children, I can speak to you confidently and accurately about your case, and even if you decide not to retain my services, the consultation is entirely confidential, so you can get answers to your most private questions.

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.

Parsippany Woman Arrested for Prostitution

 The term consensual sex crime is also known as a victimless sex crime because in these crimes there is usually no direct victim.  In most consensual sex crimes, the only people who are involved are willing and consenting adults.  For example, common consensual sex crimes include prostitution, solicitation, and pandering.  Unlike sexual assault, lewd conduct, or harassment, there is not an adversely affected party, only an illegal act.  For a more detailed illustration, consider a recent New Jersey case in which a woman was arrested for prostitution at a Smith Road Hotel.  Police received several tips that the woman was selling sex from the hotel and conducted a two week investigation in which the woman offered to sell the police officer sex for $450 per hour.  Had this deal been made with a civilian instead of an officer, it probably would have gone through.  Both parties would have benefited from the illegal agreement and as long as the adults were both willing and capable of consent, there would not have been a direct victim.  This is the reason why these types of criminal acts are referred to as consensual or victimless sex crimes. In spite of this, the police would arrest both the prostitute and the customer!

My name is Anthony N. Palumbo and I have been successfully defending individuals against consensual sex crimes in New Jersey for over 35 years.  Allegations of consensual sex crimes are often the least serious of any sex crime because there is no direct victim however these charges are still extremely embarrassing and warrant strong reputational protection.  At the law offices of Palumbo & Renaud, I work to protect both your freedom and your reputation.  If you have been charged with a consensual sex crime in New Jersey and would like to discuss your situation in a free and confidential consultation, contact me today at 1-866-664-8118.  I will take all possible steps to quarantine the news of your charge and reduce the penalties you face.  I have been doing it for over three decades and I will do it for you.  For more information on consensual sex crimes in New Jersey, visit my website at www.palumbo-renaud.com.