On this web page, you can recent developments at Frank T. Luciano, P.C. including, updates to the website, interesting news articles, new and interesting principles of law, and what we are doing on our blog site.
CASE DEVELOPMENTS:
FIRST-DEGREE DRUG CASE
December 3, 2008. The last few months, we have been working on a criminal prosecution where our client was indicted for a First Degree Drug Distribution Offense and a Second Degree Weapons Offense. The investigation associated with this offense lasted for several months, and involved extensive wire-taps, and other surveillance activities involving various law enforcement agencies located in New Jersey and New York.
Apart from the fact that the search conducted by the government discovered a weapon and over $60,000.00 in cash at our client's home, the quantity of drugs subject of the transaction identified in the indictment was nearly a "kilo" of heroin. The nature of these offenses and other circumstances could have exposed the client to a life term of imprisonment.
After much effort, Frank T. Luciano successfully negotiated a plea arrangement that required the client to admit to second degree drug distribution liability. All other charges were dismissed. Under the plea agreement, the sentencing exposure for the client was limited to 8 years with a 2 year parole disqualifier, where the client received jail credit time previously served in an unrelated out-of-state conviction (i.e. approximately 2 years), and credit time while incarcerated here in New Jersey (i.e. approximately 6 months). In short, the client is now parole eligible.
SCHOOL ZONE CASE
This summer, we were engaged by the parents of a 19 year old girl who was charged with distribution of drugs in a school zone. If the client was convicted of the offense, the school zone statute would have required a mandatory parole disqualifier of 3 years. Suffice to say, the stakes were very high.
During our post-indictment investigation, it became clear that a part of the property where the transaction occurred was not covered by the school zone. As a result of this disclosure, and the co-defendant's enlightened decision to exculpate the client, the government has tentatively agreed to dismiss all charges against the client once the co-defendant is sentenced in January of 2009.
WEB SITE NEWS:
We are currently reworking our entire web site. With the assistance of our new associate, Joshua M. Lurie, Esq., we have decided to streamline and update its content. We are sure that when we are finished, the website will be easier to navigate, and have as much, if not MORE information to help you decide whether Frank T. Luciano, P.C. is the right law firm for your legal needs.
Recent updates have included new practice areas, and additional library materials. The effort is still a work in progress. Please bear with us until we are finished updating our content.
We have also set up our blogs, and should have them linked to our website soon. When this is update is complete, you will be able to view our blogs on various topics relating to our practice areas.
INTERESTING NEWS ARTICLES:
This section will periodically be updated with new and interesting news articles. This may include text from various stories with commentary, or links to the story. All links and/or news stories that we post here are the sole and explicit copyrights of their respective authors and or news agencies.
There is an interesting story out of Nebraska relating to a case where the government prosecuted a convicted felon for the possession of a weapon. It seems that the relevant statute required the government to establish that the weapon was manufactured sometime after 1896. Fortunately, for the accused, the government could not satisfy this element of its case because the model of the weapon in question was manufactured between 1880 and 1941, and the specific date of production was not known. For further information, see the news-story linked below. http://www.ketv.com/cnn-news/18003873/detail.html:
BLOG INFORMATION:
We are currently creating our blog site. When this is completed, this section will contain both links and summaries of the recent blog entries.