Criminal Defense Results
Aggravated assault and robbery – client was charged with aggravated assault and robbery on an off-duty corrections officer in Bayonne. Client had a prior criminal record and facing the possibly of 10 years in jail on serious charges. After filing a motion to suppress, the matter was resolved with no probation or jail time and a $150 fine.
Indictable drug offense – client was charged with heroin possession with prior offenses. Through filing the appropriate motions, client’s charges were ultimately dismissed.
Illegal gambling offense – client was charged with running an illegal sports book, an offense carrying heavy penalties in New Jersey. Client was also a non-citizen and facing deportation if convicted. Client’s charges were dismissed after evidentiary issues in the case were raised.
Domestic violence – client was charged with assault by his former girlfriend. After an investigation yielded ulterior motives on the part of the former girlfriend, the charges were dismissed.
Simple assault – client was charged with simple assault due to a bar fight. A cross-complaint was filed which ultimately resulted in dismissal of the charges.
Harassment – client was charged with harassment due to a downstairs neighbor’s complaints. The matter went to a full trial. After the State rested, the judge granted Mr. Pastacaldi’s motion for a direct verdict and dismissed all charges against his client.
DYFS Child Abuse Results
DYFS v. C. M. – DYFS filed a verified complaint charging defendant with abuse and neglect of his child due to unexplained fractures in his infant child. After a full trial, the court considered evidence showing that the injuries likely resulted from accidental means. The court found the parents did not child abuse or neglect their infant. Client was exonerated and infant was returned to parents.
DYFS v. M. P. – DYFS accused defendant of inappropriate sexual contact with his step-daughter. At trial, cross-examination yielded a host of inconsistent statements in the reports ultimately resulting in client being exonerated.
DYFS v. A.G. – Client was accused of using excessive corporal punishment on her ten year old son. After investigations, the alleged victim confessed he fabricated the incident. At trial, with the introduction of the recantation and inconsistencies in the State’s case brought out in cross-examination, the judge found parent did not abuse or neglect his child and exonerated him.
DCPP v. C. N. – client was accused of abuse and neglect for abandoning her teenage daughter. At trial, cross-examination of the DYFS case worker revealed that the teenager was a repeat runaway and despite mother’s diligent efforts to protect her daughter such as filing a missing persons report, she could not keep her from running away. The court found client did not abuse or neglect her daughter.
Landlord / Tenant Results
Tenant case #1: Commercial tenant owed over $23,000 in back rent. After negotiations with landlord’s attorney outside of court, the matter was settled for a lesser amount in advance of the court date. Client never appeared in court and he made payment in accordance with the negotiated settlement agreement. The tenancy was restored, and client’s business is now thriving.
Tenant case #2: Tenant was a 71 year old tenant who was accused of habitually paying her rent late. After several court dates, the eviction matter was dismissed pursuant to a settlement agreement. Client paid rent for the month she missed and her tenancy in a rent controlled apartment was saved.
Landlord case #1: Landlord sought relief from a tenant who continuously defaulted on her rent obligations. Further, tenant failed to communicate with the landlord, continuously adverting his attempts to collect her rent. After filing an eviction notice for nonpayment of rent, the tenant paid the current month’s rent and secured the remaining funds through a third-party shortly thereafter. Additionally, the tenant agreed to vacate the premises within three months pursuant to settlement agreement filed with the court, so the landlord could rent to another tenant.
Landlord case #2: Landlord came to learn that squatters had accessed the basement to his apartment complex and had taken up residence there. An ejectment motion was immediately filed, and a court hearing was then held less than seven days later in which the judge heard testimony from the landlord. The judge signed the ejectment order, and shortly thereafter the squatters were removed via sheriff officers.