Author Archives: jefhenninger
This was another tough case because the client did a ton of damage to his case prior to our lawyers being involved. His teenage daughter accused him of molesting her over several years. Once again, our defense was the the child was coached. However, his statement may have already sunk his chances for a dismissal, especially since DYFS had already substantiated him. Thus, we had to deal with a criminal investigation and a DYFS OAL appeal. However, DYFS would not allow us to appeal the case because of the pending criminal case.
Thus, we had to fight hard against DYFS just so that we can file the appeal! We were right and they were wrong and we had to go to some of their top lawyers to convince them that we were right. Both cases took quite some time. It took at least six months for the prosecutor’s office to finally admit that they were going to close the investigation and not charge our client. It took well over a year after that to finally get word that DYFS would be reversing their finding of sexual abuse against the client. Thus, our client was officially cleared of all allegations in both investigations.
In this case, the client was faced with a criminal and DYFS investigation for allegedly molesting his daughter. Complicating the matter was that the client did make a statement before he hired us. While not exactly an admission, some of his statement were damaging as he indicated that the allegations may be true. Since both cases had already started before our lawyers had a chance to get involved, we had to fight fast and hard to get them both dismissed. As is typical, our child molestation defense lawyers first focused on the criminal investigation and we were able to get that shut down. No criminal charges were filed against the client. Our attorneys then focused their attention on the DYFS case. That too was dismissed a few weeks later. As a result, our client never lost custody of the child and was never substantiated for sexual abuse.
DYFS OAL appeal
In this DYFS oal appeal trial, our client was accused of molesting his child hundreds of times. In fact, his daughter actually showed up to testify at trial. Cross examining child witnesses can be very tough and this case was no exception. However, our lawyers are skilled at cross examination and we can handle the cross examination of child witnesses. Our lawyers effectively destroyed the child’s credibility with the judge and as a result, the judge found that she was not credible.
This was a very tough case. The client already had one child pornography possession charge on his record. Not too long after that charge, he picked up a child pornography distribution case. He was sentenced to three years in prison and he wound up doing a good portion of those three years. Within a few weeks of being released from prison, he was once against arrested for distribution of child pornography. However, the allegations were from right before he was sent to prison. To avoid him being sentence to concurrent prison sentences, the police waited to arrest him until after he completely finished his prison sentence.
The other interesting thing about this case is that the distribution of the child pornography was done via cell phone text messaging. This was the first known prosecution of a distribution via cell phone case. Once again, our child pornography defense lawyers sprung into action right away. Our attorneys first filed a bail motion to get the client released from jail. We then worked out a great deal with the prosecutor’s office to keep the client from getting indicted. We then filed a hard-hitting sentencing brief with the court. The court was so impressed with our arguments that it sentenced the client to probation even though he had just spent time in prison for the same thing! The prosecutor’s office of course, was not happy.
This client was under federal investigation for distribution of child pornography. Luckily for the client he hired us long before he was arrested. Although it took some time, our federal child pornography defense lawyers were able to get the federal investigation closed. Unfortunately for the client, there was still a State investigation that we could not get dismissed. The client was ultimately arrested but since we had already been working on the case, we were able to setup an appointment for him to turn himself in instead of the police just arresting him. Our defense attorneys continued to work the case and in the end, all charges against the client were dismissed prior to indictment.
This client was charged with distribution of child pornography as well as possession of child pornography. This was a tough case for our team of computer crime lawyers because the client gave a damaging statement and the State had one of their best prosecutors on the case. In fact, at trial, they had two prosecutors to go up against just one of our lawyers. Our lawyers might be outnumbered but we are never outgunned. We took the case to trial and the jury acquitted the client of both child pornography distribution counts. Our strategy was to concede the child pornography possession count so as to not lose credibility with the jury. However, we apparently did so good that the jury hung on this charge. An acquittal of a child pornography distribution charge, especially where the client gives a statement, is extremely rare in New Jersey. This case is just one of a small handful of such victories.
Its not always obvious that our client is innocent but in this case it was very obvious – that is to us but not everyone else. The judge, DYFS and the police department were convinced that our client was guilty of molesting his daughter. However, we repeatedly argued that our client was innocent and that the child was coached. Especially suspect was the timing of the disclosure – just a few days after the father won a visitation motion in family court. Like many clients, he found himself with a good lawyer who couldn’t handle the entire case due to the new allegations. Thus, he switched lawyers and hired our team of aggressive sexual assault defense attorneys. We were able to make sure that no criminal charges would be filed against him right away. We also worked with DYFS and at no point did they ever bring a case against him. However, they did substantiate him for sexual abuse on his daughter. Thus, what were were left with a custody case with DYFS involvement. This is a particularly tricky case.
One of the problems with a “DYFS involved case” is that you do not have ready access to the DYFS file like you do in a normal “FN” case. Likewise, you don’t always have set court appearances and due process. It may be up to the lawyer to set it all up and to fight back against a judge resistant to allowing such due process into a custody case. To key to winning the custody case was to continuously work the DYFS angle and to keep arguing that the child was coached. Although it took over a year, in the end, DYFS reversed their finding that the client abused the child. This is a rare move and it had a dramatic impact on the rest of the custody case.
This client was charged with fourth degree lewdness in Jersey City. He hired our team of NJ lewdness defense attorneys the same date he got arrested. Our lawyers worked quickly to deal with the Hudson County prosecutor’s office before he was indicted. As a result our our quick work, we were able to get all charges dismissed against our client.
This client was convicted of lewdness in municipal court. Luckily, he hired a great lewdness defense attorney for the trial because if you are going to have a good appeal, you need a good record at the trial. Even with the best attorney, you can still lose a case but you always have the right to appeal. The trial lawyer referred the client to us for the appeal. The prosecutor’s office fought back hard against the appeal and they made some interesting argument. However, in the end, the judge hearing the appeal sided with us. As a result, the conviction against our client was reversed and all charges were dismissed.
This client was arrested for lewdness and other charges in Passaic County. His family hired our lewdness defense lawyers right away to work to get the case dismissed. The first thing we had to do was to get him released from jail which we did shortly after his first appearance in municipal court. We then worked with the prosecutor’s office to get the case dismissed before indictment. At the first court appearance, our lewdness defense lawyers were able to get the case the felony charges dismissed within minutes. In fact, the felony charges were dismissed before 9:00am! This shows that hiring the right firm right away can produce great results fast!